A02371 Summary:

BILL NOA02371A
 
SAME ASSAME AS S02994-A
 
SPONSORDinowitz (MS)
 
COSPNSRMosley, Burke, Magnarelli, Fahy, Glick, Jaffee, Wallace, Steck, Zebrowski, Jacobson, Quart, Reyes, Paulin, Rosenthal L, Simotas, Titus, Niou, De La Rosa
 
MLTSPNSR
 
Rpld 2164 sub 9, amd 2164 & 2168, Pub Health L
 
Relates to exemptions from vaccinations due to religious beliefs; and repeals certain provisions relating to exemption from vaccination due to religious beliefs.
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A02371 Actions:

BILL NOA02371A
 
01/22/2019referred to health
05/20/2019amend (t) and recommit to health
05/20/2019print number 2371a
06/13/2019reported referred to rules
06/13/2019reported
06/13/2019rules report cal.230
06/13/2019ordered to third reading rules cal.230
06/13/2019passed assembly
06/13/2019delivered to senate
06/13/2019REFERRED TO RULES
06/13/2019SUBSTITUTED FOR S2994A
06/13/20193RD READING CAL.1338
06/13/2019PASSED SENATE
06/13/2019RETURNED TO ASSEMBLY
06/13/2019delivered to governor
06/13/2019signed chap.35
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A02371 Committee Votes:

HEALTH Chair:Gottfried DATE:06/13/2019AYE/NAY:14/12 Action: Favorable refer to committee Rules
GottfriedAyeRaiaNay
SchimmingerNayMcDonoughNay
GalefAyeRaNay
DinowitzAyeGarbarinoNay
CahillAyeByrneNay
PaulinAyeByrnesNay
CymbrowitzNayAshbyNay
GuntherAye
RosenthalAye
HevesiAye
JaffeeAye
SteckAye
AbinantiNay
BraunsteinAye
KimAye
SolagesAye
BichotteNay
BarronNay
SayeghAye

RULES Chair:Gottfried DATE:06/13/2019AYE/NAY:20/8 Action: Favorable
HeastieExcusedKolbNay
GottfriedAyeCrouchNay
LentolNayFinchAye
GanttExcusedBarclayAye
NolanAyeRaiaNay
WeinsteinNayHawleyNay
OrtizAyeGiglioNay
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonExcused
MagnarelliAye
PerryAye
PaulinAye
TitusAye
Peoples-StokesNay
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

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A02371 Floor Votes:

DATE:06/13/2019Assembly Vote  YEA/NAY: 84/61
AbbateYCrespoERGanttERLiPetriNOPerryYSimonY
AbinantiNOCrouchNOGarbarinoNOLupardoYPheffer AmatoNOSimotasY
ArroyoYCruzYGiglioNOMagnarelliYPichardoYSmithNO
AshbyNOCusickYGlickYMalliotakisYPretlowYSmullenNO
AubryYCymbrowitzNOGoodellNOManktelowNOQuartYSolagesY
BarclayNODavilaYGottfriedNOMcDonaldYRaNOStecNO
BarnwellYDe La RosaYGriffinYMcDonoughNORaiaNOSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronNODeStefanoNOHawleyNOMikulinNORaynorYStirpeY
BenedettoYDickensYHevesiYMill B NOReillyNOTagueNO
BichotteNODilanYHunterYMill MGYReyesYTaylorNO
BlakeYDinowitzYHyndmanYMill MLERRichardsonNOThieleNO
BlankenbushNODiPietroNOJacobsonYMontesanoNORiveraYTitusY
BrabenecNOD'UrsoYJaffeeYMorinelloNORodriguezYVanelY
BraunsteinYEichensteinNOJean-PierreYMosleyYRomeoYWalczykNO
BronsonNOEnglebrightYJohnsYNiouYRose D YWalkerY
BuchwaldYEpsteinNOJonesYNolanYRose L YWallaceY
BurkeYFahyYJoynerYNorrisNORozicYWalshNO
ButtenschonYFallYKimYO'DonnellYRyanYWeinsteinNO
ByrneNOFernandezYKolbNOOrtizYSalkaNOWeprinNO
ByrnesNOFinchNOLalorNOOtisYSantabarbaraNOWilliamsER
CahillNOFitzpatrickNOLavineYPalmesanoNOSayeghNOWoernerY
CarrollYFriendNOLawrenceNOPalumboNOSchimmingerNOWrightNO
ColtonNOFrontusYLentolNOPaulinYSchmittYZebrowskiY
CookERGalefYLiftonYPeoples-StokesNOSeawrightYMr SpkrY

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A02371 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2371A
 
SPONSOR: Dinowitz (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to exemptions from vaccination due to religious beliefs; to repeal subdivi- sion 9 of section 2164 of the public health law, relating to exemption from vaccination due to religious beliefs; and providing for the repeal of certain provisions upon expiration thereof   PURPOSE: This bill would repeal all non-medical exemptions from vaccination requirements for children. SUMMARY OF PROVISIONS: Section 1 of the bill repeals subdivision 9 of section 2164 of the public health law. Section 2 of the bill strikes a reference in subdivision 6 of section 2164 of the public health law to the repealed subdivision 9. Section 2 also amends subdivision 7 of section 2164 to allow unvaccinat- ed children a grace period during which they can still attend school or day care, provided they can demonstrate that they have received at least the first dose of each required immunization series, and have age-appro- priate appointments scheduled to complete such immunization series. Section 3 strikes a reference in subdivision 5 of section 2168 of the public health law to the repealed subdivision 9 of section 2164.   JUSTIFICATION: Existing New York State law requires all children in New York to receive certain immunizations for poliomyelitis, mumps, measles, diphtheria, rubella, HiB, hepatitis B, and varicella. The law provides an exemption from the immunization requirements where a physician certifies that the immunization may be detrimental to a child's health. According to the Centers for Disease Control, sustaining a high vaccina- tion rate among school children is vital to the prevention of disease outbreaks, including the reestablishment of diseases that have been largely eradicated in the United States, such as measles. According to State data from 2013-2014, there are at least 285 schools in New York with an immunization rate below 85%, including 170 schools below 70%, far below the CDC's goal of at least a 95% vaccination rate to maintain herd immunity. This bill would repeal exemptions currently found in the law for children whose parents have non-medical objections to immuniza- tions.   PRIOR LEGISLATIVE HISTORY: 2017-18- A.1810 - Referred to Health/S.52 - Referred to Health 2015-16- A.8329 - Referred to Health/S.6017 - Referred to Health   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A02371 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2371--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  DINOWITZ, MOSLEY, BURKE, MAGNARELLI, TAYLOR,
          FAHY, ARROYO, COOK, GLICK, JAFFEE, WALLACE, STECK,  ZEBROWSKI,  JACOB-
          SON, QUART, REYES, PAULIN, L. ROSENTHAL, SIMOTAS -- Multi-Sponsored by
          --  M. of A.  RICHARDSON -- read once and referred to the Committee on
          Health -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to  amend the public health law, in relation to exemptions from
          vaccination due to religious  beliefs;  to  repeal  subdivision  9  of
          section  2164  of  the  public  health law, relating to exemption from
          vaccination due to religious beliefs; and providing for the repeal  of
          certain provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 9 of section 2164 of the public health  law  is
     2  REPEALED.
     3    § 2. Subdivisions 6 and 7 of section 2164 of the public health law, as
     4  amended  by  chapter  401  of  the  laws of 2015, are amended to read as
     5  follows:
     6    6. In the event that a person in parental relation to  a  child  makes
     7  application  for  admission  of  such  child  to a school or has a child
     8  attending school and there exists no  certificate  or  other  acceptable
     9  evidence  of  the  child's  immunization  against  poliomyelitis, mumps,
    10  measles, diphtheria, rubella, varicella, hepatitis B,  pertussis,  teta-
    11  nus,  and, where applicable, Haemophilus influenzae type b (Hib), menin-
    12  gococcal disease, and  pneumococcal  disease,  the  principal,  teacher,
    13  owner  or person in charge of the school shall inform such person of the
    14  necessity to have the child immunized, that  such  immunization  may  be
    15  administered by any health practitioner, or that the child may be immun-
    16  ized  without charge by the health officer in the county where the child
    17  resides, if such person executes a consent therefor. In the  event  that
    18  such  person does not wish to select a health practitioner to administer

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00724-05-9

        A. 2371--A                          2
 
     1  the immunization, he or she shall be provided with a  form  which  shall
     2  give  notice  that  as  a prerequisite to processing the application for
     3  admission to, or for continued attendance at,  the  school  such  person
     4  shall  state  a valid reason for withholding consent or consent shall be
     5  given for immunization to be administered by a  health  officer  in  the
     6  public employ, or by a school physician or nurse. The form shall provide
     7  for  the  execution  of a consent by such person and it shall also state
     8  that such person need not execute such consent if subdivision eight  [or
     9  nine] of this section [apply] applies to such child.
    10    7.  (a)  No  principal, teacher, owner or person in charge of a school
    11  shall permit any child to be admitted to such school, or to attend  such
    12  school, in excess of fourteen days, without the certificate provided for
    13  in subdivision five of this section or some other acceptable evidence of
    14  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    15  ria,  rubella,  varicella,  hepatitis  B, pertussis, tetanus, and, where
    16  applicable, Haemophilus influenzae type b (Hib), meningococcal  disease,
    17  and  pneumococcal  disease;  provided, however, such fourteen day period
    18  may be extended to not more than thirty days for an  individual  student
    19  by  the  appropriate principal, teacher, owner or other person in charge
    20  where such student is transferring from  out-of-state  or  from  another
    21  country  and  can  show a good faith effort to get the necessary certif-
    22  ication or other evidence of immunization or where the parent, guardian,
    23  or any other person in parental relationship to such  child  can  demon-
    24  strate that a child has received at least the first dose in each immuni-
    25  zation  series required by this section and has age appropriate appoint-
    26  ments scheduled to complete the immunization  series  according  to  the
    27  Advisory  Committee  on  Immunization Practices Recommended Immunization
    28  Schedules for Persons Aged 0 through 18 Years.
    29    (b) A parent, a guardian or any other person in parental  relationship
    30  to  a  child denied school entrance or attendance may appeal by petition
    31  to the commissioner of education in accordance with  the  provisions  of
    32  section three hundred ten of the education law.
    33    §  3.  Paragraph  (f)  of  subdivision 5 of section 2168 of the public
    34  health law, as amended by chapter 154 of the laws of 2013, is amended to
    35  read as follows:
    36    (f) The immunization status  of  children  exempt  from  immunizations
    37  pursuant  to  subdivision eight of section twenty-one hundred sixty-four
    38  of this title [and a parent claiming exemption pursuant  to  subdivision
    39  nine  of  section  twenty-one hundred sixty-four of this title] shall be
    40  reported by the health care provider.
    41    § 4. This act shall take effect immediately; provided that the  amend-
    42  ments  to subdivision 7 of section 2164 of the public health law made by
    43  section two of this act shall expire and be  deemed  repealed  June  30,
    44  2020.
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