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.