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PRINTER'S NO. 369
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
446
Session of
2023
INTRODUCED BY MASTRIANO, PENNYCUICK, DUSH, BARTOLOTTA, BROOKS,
HUTCHINSON AND J. WARD, FEBRUARY 24, 2023
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
FEBRUARY 24, 2023
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in Pennsylvania National Guard,
providing for vaccine exemption.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 51 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 2318. Vaccine exemption.
(a) Exemption.--In accordance with section 525 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263), no member or employee of the
Pennsylvania National Guard or Air National Guard may be
required to receive a COVID-19 vaccine. No administrative or
legal actions may be taken against a member or employee of the
Pennsylvania National Guard or Air National Guard based solely
on the member's refusal to receive a COVID-19 vaccine.
(b) Restoration.--Any member or employee of the Pennsylvania
National Guard or Air National Guard that was dismissed or
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forced to resign related to the member's or employee's refusal
to receive a COVID-19 vaccine shall be permitted to rejoin the
Pennsylvania National Guard or Air National Guard with the
restoration of any lost benefit and payment in the time between
the involuntary separation of the individual and reinstatement.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"COVID-19." The novel coronavirus as 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
emergency use authorization or approval from the United States
Food and Drug Administration.
Section 2. This act shall take effect immediately.
20230SB0446PN0369 - 2 -
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