Senate Bill S5045

2023-2024 Legislative Session

Prohibits a mandatory immunization against the novel coronavirus/COVID-19

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S5045 (ACTIVE) - Details

See Assembly Version of this Bill:
A9226
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2184, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S6747

2023-S5045 (ACTIVE) - Summary

Prohibits a mandatory immunization against the novel coronavirus/COVID-19 for children, incapacitated persons, or students or staff of employment institutions or day care facilities; prohibits requiring people to carry or present evidence of having received the COVID-19 vaccine.

2023-S5045 (ACTIVE) - Sponsor Memo

2023-S5045 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5045
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sens.  LANZA, MATTERA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  prohibiting  a
   mandatory immunization against the novel coronavirus/COVID-19
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2184 to read as follows:
   §  2184.  NOVEL CORONAVIRUS/COVID-19; IMMUNIZATION.  1. NO CHILD UNDER
 THE AGE OF EIGHTEEN SHALL BE REQUIRED TO RECEIVE  SUCH  VACCINE  AGAINST
 COVID-19  UNLESS  A PERSON IN A PARENTAL RELATION TO SUCH CHILD REQUESTS
 AND CONSENTS TO HAVE THE CHILD  VACCINATED.  FOR  THE  PURPOSE  OF  THIS
 SUBDIVISION THE TERM "PERSON IN PARENTAL RELATION TO A CHILD" SHALL HAVE
 THE  SAME  MEANING AS SET FORTH IN SECTION TWENTY-ONE HUNDRED SIXTY-FOUR
 OF THIS ARTICLE.  PRIOR TO ADMINISTERING THE IMMUNIZATION  EVERY  HEALTH
 CARE  PROVIDER  OR  PRACTITIONER  SHALL  PROVIDE  A  LIST OF INGREDIENTS
 CONTAINED IN THE VACCINE AS PROVIDED BY THE MANUFACTURER  PRODUCT INSERT
 AND ALL POTENTIAL SIDE EFFECTS AS INDICATED BY INDUSTRY STUDIES.
   2. NO INCAPACITATED PERSON SHALL BE REQUIRED TO RECEIVE SUCH IMMUNIZA-
 TION AGAINST COVID-19 UNLESS A PERSON WHO IS THE LEGAL GUARDIAN OF  SUCH
 INCAPACITATED  PERSON CHOOSES TO HAVE THE INCAPACITATED PERSON VACCINAT-
 ED.  FOR THE PURPOSES OF THIS SUBDIVISION: (A) THE  TERM  "INCAPACITATED
 PERSON"  SHALL MEAN ANY PERSON OVER THE AGE OF EIGHTEEN WHO IS UNABLE TO
 MAKE OR COMMUNICATE DECISIONS AFFECTING THEIR PHYSICAL  HEALTH,  SAFETY,
 OR  SELF-CARE; AND  (B) THE TERM "LEGAL GUARDIAN" SHALL MEAN AND INCLUDE
 ANY PERSON WHO IS OVER THE AGE OF EIGHTEEN AND DESIGNATED BY AN INCAPAC-
 ITATED PERSON PRIOR TO INCAPACITATION  AS  THEIR  LEGAL  GUARDIAN  OR  A
 PERSON  LEGALLY  APPOINTED  BY A COURT AS GUARDIAN OF SUCH INCAPACITATED
 PERSON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08765-01-3
 S. 5045                             2

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