Legislature(2021 - 2022)GRUENBERG 120
04/16/2022 10:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| State Board of Parole|| Confirmation Hearing(s): | |
| SB182 | |
| HB316 | |
| HB256 | |
| SB156 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 182 | TELECONFERENCED | |
| += | HB 316 | TELECONFERENCED | |
| + | HB 256 | TELECONFERENCED | |
| + | SB 156 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 156-PROHIBIT COVID-19 VACCINE DISCRIMINATION
12:17:33 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be CS FOR SENATE BILL NO. 156(HSS), "An Act relating to
COVID-19 immunization rights; relating to objection to the
administration of a COVID-19 vaccine; relating to COVID-19
vaccination status and eligibility for health care insurance;
and providing for an effective date."
12:18:21 PM
The committee took an at-ease from 12:18 p.m. to 12:21 p.m.
12:21:45 PM
SENATOR LORA REINBOLD, Alaska State Legislature, prime sponsor,
provided brief introductory remarks regarding CSSB 156(HSS).
She paraphrased the sponsor statement [included in the committee
packet], which read as follows [original punctuation provided]:
CS SB 156 ensures that a state agency or political
subdivision of the state may not adopt or issue
regulation, ordinance, or similar policy that requires
an individual to be vaccinated against COVID-19 to
receive public benefit that is available to the
public. Essentially, CS SB 156 ensures the public is
not discriminated against based on COVID-19 vaccine
status. In addition, the bill seeks to ensure a state
agency, an employee of the state may not require an
individual to produce documentation of their COVID-19
vaccination status or immunity passport to travel to
or within the state. An individual may object to the
administration of a COVID-19 vaccine based on
religious, medical, or other grounds. Parents or
guardians may object to the administration of a COVID-
19 vaccine to the minor child based on religious,
medical, or other grounds. CS SB 156 passed the senate
with bipartisan support because this bill protects an
individual's civil liberties citing article 1 section
22 of the Alaska Constitution, ensures that regardless
of COVID-19 injection history, neither can be
discriminated against with regard to health insurance.
12:25:40 PM
KELLI TOTH, Staff, Senator Lora Reinbold, Alaska State
Legislature, on behalf of Senator Reinbold, prime sponsor of
CSSB 156(HSS), presented a sectional analysis of the bill
[included in the committee packet], which read as follows
[original punctuation provided]:
Section 1: Added a new section to clarify legislative
intent specific to COVID-19 injections "It is the
intent of the legislature that every person should
have the right to choose their own medical
interventions because art. 1, sec 22, of the
Constitution of the State of Alaska protects a
person's right to privacy."
Section 2: AS 18.09 is amended adding a new section
Article 2A. COVID 19 Immunization Rights;
Discrimination.
Sec 18.09.250 Exercise of rights and access to
benefits. A state agency or political subdivision may
not adopt or issue a regulation, ordinance, order, or
similar policy that requires an individual to be
vaccinated against COVID19 in order to exercise their
right to receive a benefit that is available to the
public.
Sec 18.09.260 Personal vaccine history. A state
agency, an employee of the state, or agent of the
state may not require an individual to produce
documentation of the individual's COVID-19 vaccination
status or a COVID19 immunity passport in order to
travel to, or within, the state. 32nd Legislature
Committees: Vice Chair Legislative Council Vice Chair
Senate State Affairs Senate Member: Legislative Budget
& Audit Health & Social Services Joint Armed Services
Committee 3/21/2022 32-LS1352\G 2 CS SB 156
Immunization Rights and Objections to Administration
of a COVID-19
Sec. 18.09.270 Discrimination based on vaccination
status. It is unlawful discrimination for: a person or
a governmental entity to refuse, withhold from or deny
an individual any local or state services, goods,
facilities, advantages, privileges, licensing,
educational opportunities, health care access, or
employment opportunities based on the individual's
COVID-19 vaccination status or whether the individual
has a COVID-19 immunity passport; bar an individual
from employment, or discriminate against individual
compensation or term, condition or privilege of
employment; a public accommodation to exclude, limit,
segregate, refuse to serve or otherwise discriminate
based on COVID-19 vaccination status or immunity
passport; a recommendation by a person, governmental
agency, or employer to receive a COVID-19 vaccine is
not unlawful discrimination under this section.
Sec. 18.09.280 Objection to the administration of a
COVID-19 vaccine. An individual may object to the
administration of a COVID-19 vaccine to that
individual based on religious, medical, or other
grounds. A parent or guardian of a minor child may
object to the administration of a COVID-19 vaccine to
the minor child based on religious, medical, or other
grounds. A person may not require an individual to
provide justification or documentation to support the
individual's decision to decline a COVID-19 vaccine or
decline a COVID-19 vaccine for a minor child.
Sec. 18.09.290. Definition. In AS 18.09.250-18.09.90,
"COVID-19" means the novel coronavirus disease caused
by the severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2)
Section 3: AS 21.54.100 (a) 9 adds language to the
health care insurer that offers, issues for delivery,
delivers, or renews a healthcare insurance plan in the
group market may not establish rules for eligibility,
including continued eligibility and waiting periods
under the plan, for an individual or dependent of an
individual based on (9) the individual's COVID-19
vaccination status; in this paragraph, "COVID-19 has
the meaning given in AS 18.09.290. This safeguards
everyone regardless of COVID-19 injection history.
Section 4: This act takes effect immediately under AS
01.10.070 (c)
12:29:29 PM
MS. TOTH provided a summary of changes [included in the
committee packet] from version I to version G, which read as
follows [original punctuation provided]:
1. Added language to the title "related to vaccination
status and eligibility for health care insurance; and
providing for an effective date."
2. Section 1: Added Legislative intent is that every
person should have the right to choose their own
medical interventions because Article 1 Section 22 of
the constitution of the state of Alaska protects a
person's right to privacy.
3. Section 3: Amends AS 21.54.100 (a) (9) The
individual's COVID-19 vaccination status; in this
paragraph, "COVID19" has the meaning given in AS
18.09.290
4. Added Section 4: This act takes effect immediately
under AS 01.10.070 (c)
12:30:45 PM
SENATOR REINBOLD provided a PowerPoint presentation, titled "SB
156 Prohibit COVID-19 Discrimination" [hard copy included in the
committee packet]. She began on slide 1, which read as follows
[original punctuation provided]:
(1) No COVID19 mandatory injections
(2) No COVID19 passports
(3) No COVID19 discrimination
(4) No COVID19 mandatory injections for employment
(public or private)
SENATOR REINBOLD defined popular sovereignty on slide 2. She
turned to slide 3, which read as follows [original punctuation
provided]:
Alaska's Constitution Article 1 Section 1:
This constitution is dedicated to the principles that
all persons have a natural right to life, liberty, the
pursuit of happiness, and the enjoyment of the rewards
of their own industry; that all persons are equal and
entitled to equal rights, opportunities, and
protection under the law; and that all persons have
corresponding obligations to the people and to the
State.
SENATOR REINBOLD proceeded to slide 4, which read as follows
[original punctuation provided]:
The American Frontline Doctors "Vaccine Bill of
Rights"
"Emergency Use products are specifically prohibited by
federal law from being mandated:
The CDC Advisory Committee on Immunization Practices
(ACIP) affirmed in August 2020 that under an Emergency
Use Authorization (EUA), experimental vaccines are not
allowed to be mandatory;
Decades-old universally accepted Codes of Medical
Ethics, including the Nuremberg Code and the
Declaration of Helsinki absolutely prohibits any form
of coercion whatsoever to individuals participate in a
medical experiment;
12:33:08 PM
SENATOR REINBOLD advanced to slide 5, which read as follows
[original punctuation provided]:
"Vaccine Bill of Rights" Continued
It is neither feasible nor safe to mandate
experimental vaccination given the large number of
COVID-19 recovered patients in the general population
and the FDA/Pfizer/ Moderna protocols which excluded
COVID-19 recovered patients;
It is neither feasible nor safe to administer
experimental vaccines to many groups of patients, such
as persons with post-natural infections, waning
titers, allergic reactions, as well as childbearing
women, etc.;
Vaccine passports, "digital health IDs," and other
such required documentation pose substantial risks to
personal privacy and equal treatment before the law
for all citizens;
The doctors and nurses administering the inoculation
are required by law to give informed consent and they
cannot do they if they themselves are not informed;
And lastly,
Private businesses operating within the jurisdiction
have no legal authority to require or mandate or
coerce medication or experimental medication for any
persons?"
SENATOR REINBOLD reviewed the historical definitions of
"vaccine," as changed by CDC, on slide 6. Slide 7 provided the
statutory definition of "vaccine," per AS 18.09.990(11). Slide
8 outlined informed consent, which read as follows [original
punctuation provided]:
1. The nature of the patient's illness, the diagnosis,
the proposed treatment plan and the prognosis.
2. A description of the recommended procedure or
treatment and its purpose.
3. The probable outcome, particularly if it is
difficult to predict, and the patient's expected post-
procedure/treatment course.
4. The most likely risks and side effects and the
potential benefits as well as the potential
complications of the procedure or treatment.
5. Reasonable alternative methods of treatment or
nontreatment including the risks, benefits,
complications, and the prognosis associated with each
alternative or with nontreatment
12:37:50 PM
SENATOR REINBOLD directed attention to slide 10, which
highlighted a memo from Legislative Legal Services confirming
that Alaska was an opt-in state. She continued to slide 11,
which stated that federal law prohibited mandates of emergency
use COVID vaccines, tests, and masks. She directed attention to
slide 13, which defined coercion and clarified that it was
criminal. She highlighted the number of deaths from vaccines on
slide 15. Slides 16-20 detailed a U.S. Supreme Court Case,
National Federation of Independent Business v. Occupational
Safety and Health Administration.
CHAIR KREISS-TOMKINS welcomed invited testimony.
12:43:07 PM
RICHARD URSO, PhD, argued that there was tremendous risk
associated with the COVID-19 vaccine, despite it being labeled
safe and effective. He opined that a "one size fits all"
approach to vaccination was a danger to patients. He discussed
children ages 5-11, opining that a mandated vaccine would kill
many of them. Additionally, he detailed all the potential side
effects of the vaccine.
12:48:20 PM
RYAN COLE, PhD, agreed with Dr. Urso that the COVID-19 vaccine
was "all risk and no reward." He stated that the vaccine was
emergency authorized and experimental, arguing that all
recipients should have received informed consent. He reported
that individuals who were COVID recovered had natural immunity
at 13-30 percent higher than vaccinal immunity. He shared his
understanding that the vaccines were not tested against
additional variants of COVID-19, such as Delta and Omicron. He
opined that it was unscientific, immoral, and unethical to
require any person to get a shot for a virus "that does not
exist and does not work against the protein virus circulating in
the population."
12:51:36 PM
CHAIR KREISS-TOMKINS announced that CSSB 156(HSS) was held over.