02/10/2022 03:30 PM Senate STATE AFFAIRS

        SB 156-PROHIBIT COVID-19 VACCINE DISCRIMINATION                                                                     
                                                                                                                                
3:40:27 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."                                                                      
                                                                                                                                
He noted that  the bill was heard on 2/8/22  and public testimony                                                               
was heard  and held open.  His office had received  no amendments                                                               
and the deadline had passed.                                                                                                    
                                                                                                                                
3:40:53 PM                                                                                                                    
CHAIR  SHOWER  ascertained that  no  one  wished to  testify  and                                                               
closed public testimony on SB 156.                                                                                              
                                                                                                                                
He asked the sponsor if she had any closing comments.                                                                           
                                                                                                                                
3:41:30 PM                                                                                                                    
SENATOR REINBOLD said  she would like to hear  from Megan Wallace                                                               
before she made a final statement.                                                                                              
                                                                                                                                
CHAIR SHOWER  stated that during  the first hearing he  asked the                                                               
sponsor about  the constitutional implication of  telling private                                                               
citizens what they can or  cannot do when running their business.                                                               
He asked Ms. Wallace to comment.                                                                                                
                                                                                                                                
3:43:44 PM                                                                                                                    
MEGAN WALLACE, Director,  Legislative Legal Services, Legislative                                                               
Affairs Agency, Alaska State  Legislature, Juneau, Alaska, stated                                                               
that  the language  in  SB 156  is  similar to  a  bill that  the                                                               
Montana State  Legislature passed  in 2021. That  legislation has                                                               
been  challenged in  both  federal and  state  court. The  claims                                                               
include  that the  law violates  certain parts  of the  Americans                                                               
with Disabilities  Act (ADA), the Occupational  Safety and Health                                                               
Act  (OSHA), and  certain  constitutional  provisions in  Montana                                                               
relating to the right to a  clean and healthy environment as well                                                               
as equal protection  claims. Those cases are in  the early stages                                                               
so the law is in effect at this point.                                                                                          
                                                                                                                                
In federal court the judge recently  ruled on a motion to dismiss                                                               
the  plaintiffs' claim.  The  state constitutional  environmental                                                               
claim was dismissed  but the remainder of  the plaintiffs' claims                                                               
survived and the  case will go to trial.  The plaintiffs  request                                                               
for an  injunction in state court  to prevent the law  from going                                                               
into effect  was denied. The  judge held that the  plaintiffs did                                                               
not meet  the burden  for a preliminary  injunction and  the bill                                                               
went into effect.                                                                                                               
                                                                                                                                
MS. WALLACE  stated that  this is  an emerging  issue in  law and                                                               
there is some risk of litigation if the bill were to become law.                                                                
                                                                                                                                
CHAIR  SHOWER said  he wanted  this discussion  on the  record to                                                               
make the  legislative intent clear.  He offered his  opinion that                                                               
the only potential issue is paragraph (2) on page 2, [lines 8-                                                                  
12]. It is  specifically about an employer who has  no tie to the                                                               
government.                                                                                                                     
                                                                                                                                
CHAIR SHOWER  asked Ms.  Wallace if his  question and  her answer                                                               
was  clear that  this is  "only and  specifically addressed  to a                                                               
private individual, not any of the other circumstances."                                                                        
                                                                                                                                
MS. WALLACE responded that, regarding  his specific question, her                                                               
answer does  not change.  Her research  of claims  indicates that                                                               
even if  it is a  private business,  there is a  possibility that                                                               
employees in  that private business  will bring a  challenge. She                                                               
said  she could  not  predict how  a court  might  rule; she  was                                                               
advising that there is a risk of litigation.                                                                                    
                                                                                                                                
3:48:54 PM                                                                                                                    
CHAIR SHOWER asked if private  businesses face a significant risk                                                               
of liability if they were to require employees to be vaccinated.                                                                
                                                                                                                                
MS.  WALLACE responded  that she  did  not want  to speculate  on                                                               
claims that  may be brought  should an  employee be injured  as a                                                               
result of  an employers  vaccine  mandate. She  acknowledged that                                                               
there are  private companies that  have required  vaccination and                                                               
said she is  anecdotally aware of litigation  stemming from those                                                               
mandates.  She  opined that  there  is  potential for  litigation                                                               
whether  an employer  is prohibited  from requiring  employees to                                                               
have  vaccines   or  an  employer  requires   employees  to  have                                                               
vaccines.                                                                                                                       
                                                                                                                                
CHAIR SHOWER  offered his belief  that private companies  are far                                                               
out on a limb in this case.                                                                                                     
                                                                                                                                
3:51:53 PM                                                                                                                    
SENATOR REINBOLD thanked Ms. Wallace  for discussing all sides of                                                               
the issue.  She called SB 156  a very important bill  on a matter                                                               
that has struck a nerve.  Medical decisions should be between the                                                               
individual  and   their  physician   and  employers   should  not                                                               
intervene in that relationship.                                                                                                 
                                                                                                                                
CHAIR   SHOWER   said   he  appreciated   the   debate   on   the                                                               
constitutional question but he sees the privacy aspect as well.                                                                 
                                                                                                                                
3:56:13 PM                                                                                                                    
CHAIR  SHOWER   found  no  further  questions   or  comments  and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
3:56:23 PM                                                                                                                    
SENATOR REINBOLD moved to report  SB 156, work order 32-LS1352\I,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR SHOWER found no objection and  SB 156 was reported from the                                                               
Senate State Affairs Standing Committee.