The question of mandatory COVID-19 vaccination is on the minds of legislators on both sides of the issue.

Low rates of COVID-19 vaccines in the spring and legislators’ focus on nursing homes and Gov. Andrew Cuomo kept the debates over mandatory vaccinations on the back burner until the legislature ended its 2021 session in June. When legislators return to Albany in January, there are a bevy of bills they can debate both mandating COVID-19 vaccines and making forced vaccination illegal.

Legislators’ urgency on both sides of the issue may depend on what happens in the next four months as the Delta variant results in increased COVID-19 cases throughout the state.

PUBLIC SENTIMENT

A late July CNBC All-America Economic Survey found 49% of the country favors vaccine mandates with 46% opposing vaccine mandates. Another 5% said they are unsure. The poll found more support for vaccine mandates among vaccinated Americans (63%) while 79% of those who are unvaccinated oppose vaccine mandates. The poll also asked whether there are specific situations when a COVID-19 vaccine should be required. According to CNBC, 67% support a vaccine mandate for hospital workers, 57% support mandatory vaccines to board a cruise ship and 54% support mandatory vaccines to board airplanes.

Other areas do not enjoy a majority’s support — 50% back vaccine mandates for federal employees, 46% support vaccine mandates to attend concerts and other big events; 40% support vaccine mandates in the workplace, 38% support mandates in restaurants and 36% support vaccine mandates in malls and large stores. According to CNBC, majorities of those who are vaccinate oppose vaccine mandates in restaurants, hotels, malls and big stores.

LEGISLATIVE

RESPONSES

The latest bill to weigh in on forced vaccinations came last week, when S.7322 was introduced last week in the state Senate by Sen. Andrew Lanza, R-Staten Island, co-sponsored by Sen. Alexis Weik, R-Patchogue.

It would prohibit requiring immunization to attend schools, day care, transportation, travel, to go into public buildings, employment, nursing home residency or to receive other government services. Lanza and Weik also propose no proof of having the COVID-19 vaccine be required or used and prohibits incentives to administer or receive the vaccination.

“This bill will preserve individual freedom of choice regarding the COVID-19 vaccination and thereby preserving body autonomy for all New York residents,” Lanza wrote in his legislative justification.

A similar bill was introduced at the end of the 2019-20 legislative session by Assemblyman John Salka, R-Brookfield, with several Republican co-sponsors. Companion legislation has been introduced in the state Senate by Sen. Peter Oberacker, R-Oneonta, with Weik and Sen. Joseph Griffo signing on as co-sponsors. Both bills have languished in their respective chambers’ Health committees since February.

“Due to the speed at which the coronavirus vaccine was developed in, the decision should be made to the individual not any private or public entity,” Salka wrote in his legislative justification. “The decision should be made by the individual solely and to not allow this would be a great mistake. Vaccines take up to five years to be fully developed and researched. Phase 1 and phase 2 clinical trials typically take one to two years, and the Vaccine for Coronavirus passed these trials within months. Due to this, the decision should be able to made by the individual whether or not to receive the vaccine.”

Then, there’s A.7100, introduced in April by Assemblyman David DePietro, R-East Aurora. DePietro proposes prohibiting mandatory COVID-19 vaccinations, limiting the civil liability of employers, prohibiting required vaccinations for education, employment, travel or other activities, and enacting a vaccine bill of rights that states no person be required to take an experimental or investigational medication.

Legislation introduced in January by Assemblyman Jeffrey Dinowitz, D-Bronx, to mandate the flu vaccine for children attending day care has yet to progress to a committee meeting agenda even though there is companion legislation (A.2240/S.45) in the state Senate. It is the fourth time since 2015 that the bill has been introduced.

“Many children in daycares and preschools are exposed to daily close contact with other young and possibly ill children. Often children of this age group are too young to have been properly taught to cough properly and protect themselves from disease, vaccination is the best way to make sure our youth is protected,” Dinowitz wrote in his legislative justification.

Not reintroduced, yet, is legislation introduced last December by Assemblywoman Linda Rosenthal, D-New York City, that would amend Article 21 of the state Public Health Law to require COVID-19 vaccines for all individuals who are clinically determined to be safe to receive such vaccine if the state COVID-19 Vaccination Administration Program fails to achieve sufficient immunity. The bill would have to be introduced again to be considered when the legislature returns to session in January.