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See Bill Text
A08383 Summary:SAME AS Same as S 4693
SPONSOR Gottfried
COSPNSR Acampora, Benedetto, Cahill, Cymbrowitz, Gordon, O`Connell, Titus
MLTSPNSR Boyland, Cook, Galef, Grannis, John, Lafayette, McDonough, McEneny,
Meng, Ortloff, Paulin, Perry, Pheffer, Robinson, Weisenberg
Amd SS2164 & 2165, Pub Health L
Provides protections to parents who decline to have their children immunized on
the basis of religious beliefs; allows a parent to submit an affidavit stating
that the parent, parents or guardian hold genuine and sincere religious
beliefs.
A08383 Actions:05/19/2005 referred to health
A08383 Votes:
A08383 Memo:TITLE OF BILL: An act to amend the public health law, in relation to
the religious exemption from mandatory immunizations for students
PURPOSE OR GENERAL IDEA OF BILL:
This legislation is intended to protect parents from inappropriate and
intrusive inquiry into their religious beliefs by government
authorities.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill makes clear that the legislative intent is not
to undermine the public health purpose of school immunization
legislation, but to protect people in the free exercise of their
religion from inappropriate and intrusive demands to explain or
justify their religious beliefs.
Section two amends subdivision 9 of section 2164 of the Public Health
Law applying to religious exemptions for minors, to exempt the child
from an immunization requirement where the parent files an affidavit
stating that the parent holds genuine and sincere religious beliefs
which are contrary to the practice, without being subject to further
inquiry. Section three makes the same change to subdivision 9 of
section 2165 of the Public Health Law applying to religious exemptions
for adult students.
JUSTIFICATION:
Protection of free exercise of religion demands wariness in granting
state entities the power to cast judgment upon a person`s religious
beliefs. This bill precludes the interpretation of the current
language reading "genuine and sincere" as creating a test that a
religious exemption claimant must pass to the satisfaction of health
or school authorities. It makes the exemption dependent only on the
filing of an affidavit stating that the requisite religious beliefs
are held.
The current common practice of government agencies scrutinizing and
judging a parent`s religious beliefs is inappropriate in a democracy
that values the First Amendment. There could be concern that some
parents might falsely claim a religious exemption. But it is greatly
outweighed by the burden that the intrusive, prolonged inquiry imposes
on bona fide objectors forced to defend their religious beliefs.
Including that the request for exemption be notarized impresses upon
the public the seriousness of the sincerity requirement and will be a
sufficient deterrent to potential false objectors.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Savings to school boards which will no longer be engaged in
substantive review of requests for religious exemptions.
EFFECTIVE DATE:
Immediately.
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