Legislature(2021 - 2022)BUTROVICH 205
02/03/2022 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB156 | |
| SB142 | |
| HB148 | |
| SB167 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 156 | TELECONFERENCED | |
| *+ | SB 142 | TELECONFERENCED | |
| *+ | HB 148 | TELECONFERENCED | |
| += | SB 167 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 156-PROHIBIT COVID-19 VACCINE DISCRIMINATION
3:33:23 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 156
"An Act relating to COVID-19 immunization rights; and relating
to objection to the administration of a COVID-19 vaccine."
3:33:57 PM
SENATOR LORA REINBOLD, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 156 introduced the legislation speaking to the
sponsor statement that read as follows:
[Original punctuation provided.]
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, 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.
3:36:42 PM
SENATOR COSTELLO referenced the section at the top of page 2 and
asked if a school district would be prevented from requiring a
child to be vaccinated to attend public school.
SENATOR REINBOLD said that is correct; vaccines could not be
mandated.
CHAIR SHOWER asked her to repeat the answer.
SENATOR REINBOLD restated that students could not be prevented
from attending school based on their COVID-19 vaccination
status.
CHAIR SHOWER asked if the bill specifically refers to a state
agency, not a private business.
SENATOR REINBOLD answered, "You're allowed to make a
recommendation but you can't mandate it."
CHAIR SHOWER said he would ask the question again after the full
introduction.
3:39:51 PM
KELLI TOTH, Staff, Senator Lora Reinbold, Alaska State
Legislature, Juneau, Alaska, stated that resources are available
that speak to the need for this legislation. She specifically
mentioned Children's Health Defense and Senator Ron Johnson's
recent five hour listening session.
3:40:36 PM
SENATOR REINBOLD presented the sectional analysis for SB 156
that read as follows:
[Original punctuation provided.]
Section 1: 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 COVID-19 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 COVID-19 immunity
passport in order to travel to, or within, the
state.
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.
3:42:57 PM
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)
3:43:52 PM
SENATOR HOLLAND commented on the variation in requirements from
the federal government, state government, and private industry.
He observed that the bill limits the requirement for a vaccine
passport, but it does not talk about requiring a negative
antigen test. He asked, "This is just about the vaccine
passports, correct?"
SENATOR REINBOLD answered that is correct.
CHAIR SHOWER commented on the fine line between asking a private
business to do something and trampling the rights of a business
owner. At the state level, he questioned asking for a COVID-19
vaccination but not a vaccine for flu, tuberculosis, or
hepatitis. "How far down the rabbit hole do we go? ... When does
peoples' personal, private health information become
everybody's' business?" He asked the sponsor if a private
business could challenge the constitutionality of a prohibition
against asking about vaccine status.
SENATOR REINBOLD said the most important point is individual
liberties and individual sovereignty. She noted that the Supreme
Court ruled on that in the Occupational Safety and Health
Association (OSHA) case. [No citation provided.] She offered her
belief that the matter regarding health care workers would be
appealed or a new case filed.
CHAIR SHOWER said he was curious about the possibility of a
constitutional challenges if a private company is told what it
can and cannot do.
3:48:52 PM
SENATOR REINBOLD said she would follow up with more research on
that point. She continued to say that the constitution seeks to
"keep government in its lane" and everything else is reserved to
the people and state sovereignty. She said that is why it is so
important to pass this legislation.
CHAIR SHOWER said he would like the Department of Law to opine
on the constitutional question of what a private business can
and cannot do. He said he did not disagree with the precepts of
the legislation but he wanted to hear additional expert
testimony to flesh out the constitutional issues.
3:52:03 PM
SENATOR HOLLAND directed attention to the sentence on page 2,
lines 24-25 that begins, "A person may not require an individual
..." and the sentence on page 1, lines 11-12 that begins, "A
state agency, an employee of the state, or an agent of the state
may not require an individual ...". He asked if the text on page
2 should mirror the language on page 1.
SENATOR REINBOLD replied the language on page 2, lines 24-25 is
intentionally generic. Alaskans want to be free to choose
whether or not to get the vaccine. Returning to the Chair's
question about private businesses, she said an employer should
not be able to mandate the vaccine unless they are licensed to
practice medicine.
SENATOR HOLLAND said his concern centers on restricting non-
state entities.
SENATOR REINBOLD responded that a child having to prove their
vaccination status to sign up for school is an example of why
this legislation is so important.
CHAIR SHOWER said he wants more discussion about the line
between telling a private business what it can and cannot do and
a business asking an individual about their private health data.
This also speaks to intent and what the legislation wants to
guarantee in terms of protecting rights on all sides.
3:58:24 PM
SENATOR REINBOLD mentioned new data coming out and said she will
always opt for individual liberties and sovereignty over one's
own body.
CHAIR SHOWER stated his desire to learn about the line he
previously described. He offered his belief that better data on
the long term effect of the vaccine is needed and his contention
that businesses that require the vaccine ultimately would be
held liable for the damages to peoples' lives.
SENATOR HOLLAND noted that the language on page 2, Sec.
18.09.270 talks about it being unlawful discrimination for a
person to deny an individual a service such as enrollment in a
private school. He expressed interest in hearing the legal
thoughts on this because his belief is that it is much easier to
argue what can be enforced from the state level as opposed to
private business.
4:04:45 PM
SENATOR REINBOLD restated her support for and belief in
individual liberties.
CHAIR SHOWER restated his desire to hear from experts and the
Department of Law and relayed his concern about how Alaska
courts might fall.
SENATOR REINBOLD said a few dozen cases have come down strongly
on the side of individual liberties. She also commented on the
possibility of long term side effects from the COVID-19
vaccines.
CHAIR SHOWER asked for a brief description of the fiscal note.
4:10:11 PM
MS. TOTH stated that the fiscal note for SB 156 is zero.
4:10:27 PM
CHAIR SHOWER held SB 156 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB0156 BILL Immun Rights and Objections to C-19 Vax.PDF |
SSTA 2/3/2022 3:30:00 PM |
SB 156 |
| SB 156 Immunization Rights and objections to C-19 vax Sponsor Statement 1.30.22.pdf |
SSTA 2/3/2022 3:30:00 PM |
SB 156 |
| SB 156 Immunization Rights and Objection to COVID-19 Sectional 1.29.22.pdf |
SSTA 2/3/2022 3:30:00 PM |
SB 156 |
| SB142 sponsor statement.pdf |
SSTA 2/3/2022 3:30:00 PM |
SB 142 |
| SB142 Sectional Analysis.pdf |
SSTA 2/3/2022 3:30:00 PM |
SB 142 |
| testimony support Kendall.pdf |
SSTA 2/3/2022 3:30:00 PM |
SB 156 |