Regular Session 2021-2022 House Bill 1439 P.N. 1554

PRINTER'S NO. 1554

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1439

Session of

2021

INTRODUCED BY METCALFE, BERNSTINE, COOK, COX, DAVANZO, DIAMOND,

GREINER, HAMM, HELM, JAMES, JONES, JOZWIAK, KAUFFMAN, KEEFER,

KERWIN, M. MACKENZIE, MALONEY, MERCURI, MOUL, MUSTELLO,

PENNYCUICK, ROWE, RYAN, SANKEY, SMITH, WARNER AND ZIMMERMAN,

MAY 17, 2021

REFERRED TO COMMITTEE ON HEALTH, MAY 17, 2021

AN ACT

Prohibiting vaccination, isolation and quarantine mandates,

vaccination without consent and vaccination mandates by

business entities and ticket issuers; and imposing penalties.

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 Vaccine

Freedom Act.

Section 2. Declaration of purpose.

The General Assembly finds and declares as follows:

(1) The enactment of a State law protecting residents of

this Commonwealth from coerced vaccination and discrimination

based on their vaccination status is necessary to protect the

individual rights of residents of this Commonwealth as

recognized by the United States Constitution and the

Constitution of Pennsylvania.

(2) It is the General Assembly's intent to universally

prohibit and wholly occupy the field of vaccination mandates

within this Commonwealth.

Section 3. 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." A person or group of persons performing

or engaging in any activity, enterprise, profession or

occupation for gain, benefit, advantage or livelihood, whether

for profit or not for profit. The term includes any of the

following:

(1) A self-employed individual, an entity that files an

article of incorporation, a partnership, a limited

partnership, a limited liability company, a foreign

corporation, a foreign limited partnership or a foreign

limited liability company authorized to transact business in

this State.

(2) A business trust or an entity that registers as a

business with the Secretary of State of the Commonwealth.

(3) An entity that possesses a business license, permit,

certificate, approval, registration, charter or similar form

of authorization issued by the Commonwealth.

(4) An entity that is exempt by the laws of this

Commonwealth from obtaining a business license.

(5) An entity that is unlawfully operating in this

Commonwealth without a business license.

"COVID-19 disaster emergency." The duration of 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.

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"Department." The Department of Health of the Commonwealth.

"Municipality." A county, city, borough, incorporated town

or township.

"State of disaster emergency." A state of disaster emergency

declared by executive order or proclamation of the Governor

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

Governor).

"Ticket issuer." An individual or entity that provides

tickets to an entertainment event. The term includes any of the

following:

(1) The operator of a venue where the entertainment

event occurs.

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

(3) A sports team that participates in the entertainment

event or a league with teams that participate in the

entertainment event.

(4) A theater company, musical group or similar

participant in an entertainment event.

(5) An agent of an individual or entity specified under

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 4. Vaccination, isolation and quarantine mandates

prohibited.

Notwithstanding any other provision of law, the following

shall apply:

(1) The Governor, the department, a State agency, a

board or commission, a county executive or a governing body

of a municipality may not adopt or enforce a State law, an

ordinance, a regulation, a rule or an order that mandates any

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of the following:

(i) The vaccination, immunization, genetic

modulation or inoculation of an individual at any time,

including during the COVID-19 disaster emergency or any

other state of disaster emergency or during a period of

insurrection or martial law.

(ii) The isolation or quarantine of an individual

based solely or primarily on an individual's vaccination

status at any time, including during the COVID-19

disaster emergency or any other state of disaster

emergency or during a period of insurrection or martial

law.

(2) The Governor, the department, a State agency, a

board or commission, a county executive or a governing body

of a municipality may not adopt or enforce a State law, an

ordinance, a regulation, a rule or an order that mandates the

vaccination of an individual at any time, including during

the COVID-19 disaster emergency or any other state of

disaster emergency or during a period of insurrection or

martial law, as condition to receive any of the following:

(i) Government benefits.

(ii) Government services.

(iii) A government-issued license or permit.

(iv) Access to a public building.

(v) Access to public transportation.

(3) The Governor, the department, a State agency, a

board or commission, a county executive or a governing body

of a municipality may not provide any special privilege,

financial benefit or other incentive to an individual for

receiving a vaccination at any time, including during the

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COVID-19 disaster emergency or any other state of disaster

emergency or during a period of insurrection or martial law.

Section 5. Vaccination without consent prohibited.

Notwithstanding any other provision of law, a person may not

administer a vaccination, an immunization, a genetic modulation

or an inoculation for an individual without the individual's

express consent or, if the individual is a minor or

incapacitated, without the express consent of the individual's

legal parent or guardian.

Section 6. Vaccination mandates by business entities and ticket

issuers prohibited.

(a) Business entities.--A business entity may not refuse to

provide any service, product, admission to a venue or

transportation to a person because the person has or has not

received a vaccination.

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

ticket holder, discriminate against a ticket holder or deny

access to an entertainment event to a ticket holder because the

ticket holder has or has not received a vaccination.

(1) A business entity or ticket issuer that violates

this section commits a felony of the third degree.

(2) Upon a finding of a violation under subsection (a),

the appropriate licensing board or commission under the

Bureau of Professional and Occupational Affairs shall suspend

the business entity's business license for no less than 30

days and no more than one year.

Section 7. Effective date.

This act shall take effect immediately.

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