Regular Session 2021-2022 House Bill 1478 P.N. 1595

PRINTER'S NO. 1595

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1478

Session of

2021

INTRODUCED BY HEFFLEY, BERNSTINE, DIAMOND, DOWLING, GILLEN,

GREGORY, GREINER, GROVE, HAMM, HELM, JAMES, KAUFFMAN, KERWIN,

KNOWLES, M. MACKENZIE, E. NELSON, OWLETT, PICKETT, RADER,

RYAN, SMITH, STAATS AND BOROWICZ, MAY 24, 2021

REFERRED TO COMMITTEE ON HEALTH, MAY 24, 2021

AN ACT

Prohibiting COVID-19 vaccine information on identification cards

and proof of receipt of COVID-19 vaccine; and providing for

civil cause of action.

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-19

Vaccine Antidiscrimination 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." A for-profit, nonprofit or not-for-profit

entity or organization that is open to the public at large or

where entrance is limited by a cover charge or membership

requirement.

"COVID-19." The novel coronavirus identified in the

Governor's proclamation of disaster emergency issued on March 6,

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

"COVID-19 vaccine." A vaccine for COVID-19 that has received

an emergency use authorization from the United States Food and

Drug Administration.

"Government authority." The Governor, a State agency, a

State board or commission, a county executive or a governing

body of a municipality.

"Identification card." A physical or electronic

identification card on which identification data and vaccination

data is stored for purposes of demonstrating vaccination status.

"Place of public accommodation." A facility or location that

is open to the public without regard to whether or not a member

of the public intends to purchase an item or procure a service

at the facility or location.

Section 3. COVID-19 vaccine information on identification cards

prohibited.

A government authority may not include information on an

identification card or electronic tracking system regarding

whether the holder of the identification card has received a

COVID-19 vaccine.

Section 4. Proof of receipt of COVID-19 vaccine prohibited.

(a) Prohibition.--A business entity, government authority or

place of public accommodation may not require a customer,

patron, client, patient or other individual who is an invitee

onto the premises of the business entity, government authority

or place of public accommodation to furnish proof of having

received a COVID-19 vaccine prior to entering onto the premises.

(b) Contracts.--A government authority may not issue a

grant, award a contract or renew a contract utilizing

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Commonwealth funds with a business entity, another government

authority or a place of public accommodation that violates

subsection (a) on or after the effective date of this act.

Section 5. Civil cause of action.

(a) Cause of action established.--An individual may bring

a civil cause of action for a violation of this act to recover

damages as a result of the violation.

(b) Damages.--A court of competent jurisdiction shall award

damages to an individual for a violation of this act as follows:

(1) For a first violation, $500.

(2) For a second violation, $2,500.

(3) For a third or subsequent violation, $5,000.

be construed to limit the ability of an individual to seek any

other criminal or civil remedies available under the laws of

this Commonwealth.

Section 6. Construction.

Nothing in this act shall be construed to prohibit a business

entity, government authority or place of public accommodation

from implementing a COVID-19 screening protocol that does not

require an individual to provide proof of having received a

COVID-19 vaccine.

Section 7. Effective date.

This act shall take effect immediately.

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