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.