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NEW YORK ASSEMBLY BILL 7100- Relates to prohibiting mandatory COVID-19 vaccination and enacts a vaccine bill of rights

December 15, 2021 • by State of New York

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   S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7100
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT to amend the public health law, in relation to a vaccine bill of
   rights to protect  New  York  citizens  against  unconstitutional  and
   medically irresponsible COVID-19 vaccine mandates; to amend the educa-
   tion  law and the public health law, in relation to medical exemptions
   from vaccination requirements; to amend the labor law, in relation  to
   limiting the civil liability of employers and employees for the spread
   or  possible  transmission  of  COVID-19  caused by an act or omission
   while acting in good faith; to amend   the    public  health  law,  in
   relation  to  prohibiting  a  mandatory immunization against the novel
   coronavirus/COVID-19; and to amend the public health law, in  relation
   to  exempting  private and parochial schools and day care centers from
   immunization requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative findings. The Founders designated that a Bill
 of Rights was necessary to guard individual  liberty  against  encroach-
 ments from state and federal actors, public and private. The 14th Amend-
 ment  to the U.S. Constitution explicitly directs states not to "deprive
 any person of life, liberty, or property, without due  process  of  law;
 nor  deny  to any person within its jurisdiction the equal protection of
 the laws". No COVID vaccine is  FDA-approved  but  some  are  authorized
 under  a temporary Emergency Use Authorization as experimental (investi-
 gational) agents. Emergency use products are specifically prohibited  by
 federal  law 21 U.S.C. §360bbb-3 from being mandated: "Authorization for
 medical products for use in emergencies ... require ...  the  option  to
 accept  or  refuse  administration  of  the  product".  The CDC Advisory
 Committee on Immunization Practices (ACIP) affirmed in August 2020  that
 under  an  Emergency  Use Authorization (EUA), experimental vaccines are
 not allowed to be mandatory. Decades-old universally accepted  Codes  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitt
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