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An Act Regarding Immunizations
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  this legislation corrects an error in Public Law 2019, chapter 154 by providing that if Public Law 2019, chapter 154 is ratified in March 2020 by a majority of the electors voting on that measure pursuant to the Constitution of Maine, Article IV, Part Third, Section 17, the repeal of the exemption from immunization requirements based on religious or philosophical beliefs for employees of health care facilities takes effect September 1, 2021; and
Whereas,  if the error is not corrected and Public Law 2019, chapter 154 is ratified in March 2020, the repeal of the exemption is effective 30 days after the Governor proclaims that Public Law 2019, chapter 154 has been ratified; and
Whereas,  if Public Law 2019, chapter 154 is ratified in March 2020, the date the exemption is repealed must be corrected prior to the expiration of the 90-day period; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  20-A MRSA §6355, sub-§5  is enacted to read:
 
5.  Virtual public charter school.     The child is enrolled in or attends a virtual public charter school, as defined in section 2401, subsection 11, and does not physically attend any classes or programs at a school or on school property.
Sec. A-2. 22 MRSA §1066, sub-§2, ¶D, as enacted by PL 2009, c. 595, §2, is amended to read:
 
D. "Child" means a person who has not attained 19 years of age and who either resides in the State or is enrolled in or has been offered enrollment in a private or public postsecondary educational institution in the State.
PART B
Sec. B-1.  22 MRSA §802, sub-§4-B, ¶B-1  is enacted to read:
 
B-1.  A religious or philosophical exemption is available to an employee who states in writing a sincere religious or philosophical belief that is contrary to the immunization requirement of this subchapter.
 
This paragraph is repealed September 1, 2021.
Sec. B-2. Contingent effective date. That section of this Part that enacts the Maine Revised Statutes, Title 22, section 802, subsection 4-B, paragraph B-1 takes effect only if Public Law 2019, chapter 154 is ratified by a majority of the electors voting on that measure pursuant to the Constitution of Maine, Article IV, Part Third, Section 17.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect 30 days after the Governor proclaims that Public Law 2019, chapter 154 has been ratified by a majority of the electors voting on that measure pursuant to the Constitution of Maine, Article IV, Part Third, Section 17, except that those sections of this Act that enact the Maine Revised Statutes, Title 20-A, section 6355, subsection 5 and that amend Title 22, section 1066, subsection 2, paragraph D take effect 90 days after the adjournment of the Second Regular Session of the 129th Legislature.
 
SUMMARY
This bill exempts children who are enrolled in or attend a virtual public charter school from the requirement that a child may not be enrolled in or attend school without evidence of immunization. The bill also amends the law governing the Universal Childhood Immunization Program to include persons who are 18 years of age or younger and are enrolled in or have been offered enrollment in a private or public postsecondary educational institution in the State.
The bill also corrects an error in Public Law 2019, chapter 154 by providing that the exemption from immunization requirements based on religious or philosophical beliefs for employees of health care facilities takes effect September 1, 2021. The correction is contingent on Public Law 2019, chapter 154 being ratified by a majority of voters and taking effect in accordance with the Constitution of Maine, Article IV, Part Third, Section 17.