Bill Text: NY S08911 | 2023-2024 | General Assembly | Introduced

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Bill Title: Removes kindergarten, elementary, intermediate and secondary schools from enforcement of immunization requirements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-03-27 - REFERRED TO HEALTH [S08911 Detail]

Download: New_York-2023-S08911-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8911

                    IN SENATE

                                     March 27, 2024
                                       ___________

        Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law and the education law, in relation
          to removing schools from participation  in  immunization  enforcement;
          and repealing certain provisions of such laws relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 613 of the public  health  law  is
     2  REPEALED.
     3    §  2.  Paragraph a of subdivision 1 and paragraph (a) of subdivision 7
     4  of section 2164 of the public health law, as amended by chapter  401  of
     5  the laws of 2015, are amended to read as follows:
     6    a.  The  term "school" means and includes any public, private or paro-
     7  chial child caring center, day nursery,  day  care  agency,  or  nursery
     8  school[, kindergarten, elementary, intermediate or secondary school].
     9    (a)  No  local board of education, principal, teacher, owner or person
    10  in charge of a school shall [permit any child to  be  admitted  to  such
    11  school,  or  to attend such school, in excess of fourteen days, without]
    12  require presentation of the certificate provided for in subdivision five
    13  of this section or [some other acceptable evidence of the child's immun-
    14  ization against  poliomyelitis,  mumps,  measles,  diphtheria,  rubella,
    15  varicella,  hepatitis  B,  pertussis,  tetanus,  and,  where applicable,
    16  Haemophilus influenzae type b (Hib), meningococcal disease, and  pneumo-
    17  coccal  disease;  provided,  however,  such  fourteen  day period may be
    18  extended to not more than thirty days for an individual student  by  the
    19  appropriate  principal,  teacher,  owner or other person in charge where
    20  such student is transferring from out-of-state or from  another  country
    21  and  can show a good faith effort to get the necessary certification or]
    22  any other evidence of immunization.
    23    § 3. Subdivisions 6, 8-a, and 11 of section 2164 of the public  health
    24  law are REPEALED.
    25    §  4. Subdivision 1 of section 914 of the education law, as amended by
    26  chapter 659 of the laws of 2005, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14989-01-4
        S. 8911                             2

     1    [1. Each] No school shall require of [every]  any  child  entering  or
     2  attending  such school proof of immunization provided for in [accordance
     3  with the provisions of] section twenty-one  hundred  sixty-four  of  the
     4  public health law.
     5    §  5.  Subdivisions  2  and  3 of section 914 of the education law are
     6  REPEALED.
     7    § 6. This act shall take effect immediately.