Regular Session 2021-2022 House Bill 1225 P.N. 1290

PRINTER'S NO. 1290

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1225

Session of

2021

INTRODUCED BY KEEFER, METCALFE, RYAN, KNOWLES, GLEIM, COOK,

HERSHEY, JONES, RAPP, MALONEY, KAUFFMAN, STAMBAUGH, KERWIN,

DIAMOND, PUSKARIC, ZIMMERMAN, COX, BOROWICZ, SCHEMEL, ROWE,

HAMM, WHEELAND, JOZWIAK, TOPPER, GILLESPIE, ROTHMAN,

BERNSTINE, E. NELSON, PENNYCUICK, DOWLING AND KLUNK,

APRIL 20, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 20, 2021

AN ACT

Prohibiting the requirement of vaccinations by certain public

and private entities, protecting freedom of worship,

maintaining the openness of the Pennsylvania State Capitol

Building and legislative meetings and proceedings, protecting

the operation of private businesses and prohibiting stay-at-

home orders and curfews.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the COVID Freedom

Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Business entity." As follows:

(1) A person that performs or engages in an activity,

enterprise, profession or occupation for gain, benefit,

advantage or livelihood, whether for profit or not for

profit.

(2) The term includes any of the following:

(i) A self-employed individual, business entity

filing articles of incorporation, partnership, limited

partnership, limited liability company, foreign

corporation, foreign limited partnership, foreign limited

liability company authorized to transact business in this

Commonwealth, business trust or business entity that

registers with the Secretary of the Commonwealth.

(ii) A business entity that:

(A) possesses a business license, permit,

certificate, approval, registration, charter or

similar form of authorization issued by this

Commonwealth;

(B) is exempt by law from obtaining a business

license, permit, certificate, approval, registration,

charter or similar form of authorization issued by

this Commonwealth; or

license, permit, certificate, approval, registration,

charter or similar form of authorization issued by

this Commonwealth.

"Ticket issuer." An individual or entity providing tickets

to an entertainment event, including any of the following:

(1) The operator of the venue where the entertainment

event occurs.

(2) The sponsor or promoter of the entertainment event.

(3) A sports team participating in the entertainment

event or a league whose teams are participating in the

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entertainment event.

(4) A theater company, musical group or similar

participant in the entertainment event.

(5) An agent of a person specified in paragraph (1),

(2), (3) or (4).

"Vaccination." The introduction of a vaccine into the body

to produce immunity to a specific disease or virus.

Section 3. Vaccination requirements prohibited.

(a) Business entity.--A business entity doing business in

this Commonwealth may not refuse to provide a service, product,

admission to a venue or transportation to an individual because

the individual has or has not received a vaccination.

(b) Ticket issuer.--A ticket issuer may not penalize,

discriminate against or deny access to an entertainment event to

a ticket holder because the ticket holder has or has not

received a vaccination.

government entity or official in this Commonwealth may not

require an individual to receive a vaccination, unless the

individual is:

(1) an employee of a hospital or other medical facility;

(2) an employee of a long-term elder care or nursing

home facility; or

(3) a student or faculty member of a public primary or

secondary school unless, in the case of a student, the

student's parent or guardian is opposed to vaccinations and

objects by a written sworn statement to the vaccination based

on religious grounds or conscientiously held beliefs.

(d) Condition for benefits or services.--A State, county or

local government entity or official in this Commonwealth may not

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require an individual to receive a vaccination as a condition

for:

(1) the receipt of a government benefit;

(2) the receipt of a government service;

(3) the receipt of a government-issued license or

permit;

(4) entrance into a public building; or

(5) the use of public transportation.

(e) Incentives prohibited.--A State, county or local

government entity or official in this Commonwealth may not

provide a special privilege, financial benefit or other

incentive to an individual who receives a vaccination.

Section 4. Penalties regarding vaccinations.

(a) Violation generally.--A person who violates section 3

commits a felony of the second degree.

(b) Business entity.--Notwithstanding subsection (a), on a

finding that a business entity has violated section 3, the court

shall order the suspension of the business entity's business

license, permit, certificate, approval, registration, charter or

similar form of authorization issued by this Commonwealth, for a

period of not less than 30 days and not more than one year.

Section 5. Freedom of worship.

A State, county or local government entity or official may

not:

(1) Restrict in any manner a worship service or activity

in this Commonwealth.

(2) Suspend, regulate or prohibit the conduct of a

worship service or activity in this Commonwealth, regardless

of whether the worship service or activity is conducted

inside a building, inside a temporary structure or outdoors.

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(3) Limit the number of participants of a worship

service or activity in this Commonwealth, other than by

enforcing limitations on the number of individuals in a

building imposed by an applicable fire code.

Section 6. Pennsylvania State Capitol Building.

(a) Building hours.--Notwithstanding any other law,

regulation or rule, the Pennsylvania State Capitol Building

shall be open to the public Monday through Friday from 8:00 a.m.

until 5:00 p.m., with the exception of public holidays.

(b) Legislative meetings.--Notwithstanding any other law,

regulation or rule, each meeting of a legislative committee of

the Senate or the House of Representatives in the Pennsylvania

State Capitol Building shall be open to the public, without any

arbitrary restriction on the number of members of the public who

may be present in the room in which the meeting is held, such as

a limitation of 15 members of the public in attendance at any

given time.

Notwithstanding any other law, regulation or rule, each

proceeding of the House of Representatives in the House chamber

shall be open to the public, without any arbitrary restriction

on the number of members of the public who may be present in the

House gallery or House chamber during the proceeding, such as a

limitation of 50 members of the public in the House gallery or

House chamber at any given time.

(d) Proceedings of Senate.--Notwithstanding any other law,

regulation or rule, each proceeding of the Senate in the Senate

chamber shall be open to the public, without any arbitrary

restriction on the number of members of the public who may be

present in the Senate gallery or Senate chamber during the

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proceeding, such as a limitation of 50 members of the public in

the Senate gallery or Senate chamber at any given time.

Section 7. Business activities protected.

(a) Restriction prohibited.--Notwithstanding a declaration

by the Governor of disaster emergency under 35 Pa.C.S. § 7301(c)

(relating to general authority of Governor), including the

proclamation of disaster emergency issued by the Governor on

March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and

any renewal of the state of disaster emergency, a State, county

or local government entity or official may not restrict a

business activity in this Commonwealth in a manner that prevents

a business entity from providing its products or services to the

public, provided that the business entity possesses all

applicable licenses and permits to do business in this

Commonwealth.

(b) Time limitation.--Notwithstanding any other provision of

law, a regulation of business activity imposed by a declaration

by the Governor of disaster emergency under 35 Pa.C.S. § 7301(c)

shall not have a duration of more than 30 days.

law, a regulation of business activity imposed by a declaration

by the Governor of disaster emergency under 35 Pa.C.S. § 7301(c)

may be terminated by a majority vote of either chamber of the

General Assembly.

Section 8. Stay-at-home orders and curfews prohibited.

Notwithstanding a declaration by the Governor of disaster

emergency under 35 Pa.C.S. § 7301(c) (relating to general

authority of Governor), including the proclamation of disaster

emergency issued by the Governor on March 6, 2020, published at

50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of

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disaster emergency, a State, county or local government entity

or official may not:

(1) Require that a citizen of the United States remain

at home.

(2) Impose upon a citizen of the United States a curfew

based on an epidemic or other public health reason.

Section 9. Severability.

The provisions of this act are severable. If a provision of

this act or the application of this act to a person or

circumstance is held invalid, the invalidity shall not affect

other provisions or applications of this act which can be given

effect without the invalid provision or application.

Section 10. Effective date.

This act shall take effect immediately.

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