Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                      Act 4 of the First Extraordinary Session
 State of Arkansas                                                                           Call Item 3
 94th General Assembly                          A Bill
 First Extraordinary Session, 2023                                                       SENATE BILL 3
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 By: Senators J. Bryant, Irvin, B. Davis, Hester, J. Dotson, Dees, C. Penzo, A. Clark, Crowell, J. English,
 Flippo, Gilmore, K. Hammer, Hill, B. Johnson, M. McKee, Stone, D. Sullivan
 By: Representatives Beaty Jr., Achor, Andrews, Barker, Beck, Bentley, Breaux, Brooks, K. Brown,
 Burkes, Joey Carr, John Carr, Cavenaugh, C. Cooper, Cozart, Crawford, Duke, Evans, Fortner, Furman,
 Gazaway, Haak, Hawk, D. Hodges, Holcomb, Hollowell, Long, Lundstrum, Lynch, Maddox, McAlindon,
 McClure, McGrew, B. McKenzie, McNair, S. Meeks, Milligan, Painter, Puryear, Ray, Richmond, Rose,
 Rye, Schulz, M. Shepherd, Underwood, Unger, Vaught, Wardlaw, Warren, Watson, Wing
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                                     For An Act To Be Entitled
                 AN ACT TO PROHIBIT THE GOVERNMENT FROM MANDATING A
                 VACCINATION OR IMMUNIZATION FOR CORONAVIRUS 2019
                 (COVID-19) OR ANY SUBVARIANTS OF CORONAVIRUS 2019
                 (COVID-19), OR BOTH; TO ENSURE THAT THE DEPARTMENT OF
                 HEALTH MAINTAINS INFORMATION ABOUT POTENTIAL RISKS
                 AND HARMS OF THE VACCINATION OR IMMUNIZATION FOR
                 CORONAVIRUS 2019 (COVID-19) AND ANY SUBVARIANTS OF
                 CORONAVIRUS 2019 (COVID-19); TO REQUIRE AGENCIES THAT
                 ARE REQUIRED TO MANDATE VACCINATION OR IMMUNIZATION
                 FOR CORONAVIRUS 2019 (COVID-19) OR ANY SUBVARIANTS OF
                 CORONAVIRUS 2019 (COVID-19), OR BOTH, TO RECEIVE
                 NECESSARY FEDERAL FUNDING TO OBTAIN APPROVAL FROM THE
                 LEGISLATIVE COUNCIL; TO DECLARE AN EMERGENCY; AND FOR
                 OTHER PURPOSES.
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                                                 Subtitle
                         TO PROHIBIT THE GOVERNMENT FROM MANDATING
                         A VACCINATION OR IMMUNIZATION FOR
                         CORONAVIRUS 2019 (COVID-19) OR ANY
                         SUBVARIANTS OF CORONAVIRUS 2019 (COVID-
                         19), OR BOTH; AND TO DECLARE AN
                         EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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      SECTION 1.    Arkansas Code Title 20, Chapter 7, Subchapter 1, is amended
 to add an additional section to read as follows:
      20-7-146.    Prohibition on requirement for vaccine or immunization for
 coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19)
 — Definition.
      (a)   As used in this section, “coerce” means:
            (1)    Using physical violence, threats, intimidation, or
 retaliation with the purpose of causing a reasonable individual of ordinary
 susceptibilities to acquiesce when the individual otherwise would not;
            (2)    Making conditional a private or public benefit, including
 without limitation employment, promotion, or another employment benefit, with
 the purpose of causing a reasonable individual of ordinary susceptibilities
 to acquiesce when the individual otherwise would not; or
            (3)    Using any other means with the purpose of causing a
 reasonable individual of ordinary susceptibilities to acquiesce when the
 individual otherwise would not.
      (b)   The state, a state agency or entity, a political subdivision of
 the state, or a state or local official shall not mandate or require an
 individual to receive a vaccine or immunization for coronavirus 2019 (COVID-
 19) or any subvariants of coronavirus 2019 (COVID-19), or both.
      (c)   Receiving a vaccine or immunization for coronavirus 2019 (COVID-
 19) or any subvariants of coronavirus 2019 (COVID-19), or both, shall not be
 a condition of education, employment, entry, or services from the state or a
 state agency or entity or for obtaining a licensure, certificate, or permit
 from a state agency or entity.
      (d)   The Department of Health shall maintain information and data on
 any potential risks and harms associated with the administration of the
 vaccine or immunization for coronavirus 2019 (COVID-19) and any subvariants
 of coronavirus 2019 (COVID-19), and shall make the information and data
 publicly available.
      (e)   The state, a state agency or entity, a political subdivision of
 the state, or a state or local official shall not discriminate against or
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 coerce in any way an individual for refusing to receive a vaccine or
 immunization for coronavirus 2019 (COVID-19) or any subvariants of
 coronavirus 2019 (COVID-19), or both, including without limitation:
            (1)     Coercing an employee into consenting to receive a vaccine or
 immunization for coronavirus 2019 (COVID-19) or any subvariants of
 coronavirus 2019 (COVID-19), or both;
            (2)     Withholding the opportunity for career advancement from an
 employee who does not consent to receiving a vaccine or immunization for
 coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-
 19), or both; or
            (3)     Withholding a salary, a wage increase, insurance, or
 insurance discounts from an employee who does not consent to receiving a
 vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of
 coronavirus 2019 (COVID-19), or both.
      (f)   If the state, a state agency or entity, a political subdivision of
 the state, or a state or local official determines that necessary federal
 funding is dependent upon an individual in this state receiving a vaccine or
 immunization for coronavirus 2019 (COVID-19) or any subvariants of
 coronavirus 2019 (COVID-19), or both, the state, state agency or entity,
 political subdivision of the state, or state or local official shall receive
 approval from the Legislative Council to mandate or require the individual to
 receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any
 subvariants of coronavirus 2019 (COVID-19), or both, before mandating or
 requiring an individual to receive a vaccine or immunization for coronavirus
 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both.
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      SECTION 2.     EMERGENCY CLAUSE.       It is found and determined by the
 General Assembly of the State of Arkansas that in April 2023, the United
 States Food and Drug Administration found almost all the United States
 population who are five (5) years of age and older now have antibodies
 against coronavirus 2019 (COVID-19); that the prohibitions concerning
 government mandates or requirements for an individual to receive a vaccine or
 immunization for coronavirus 2019 (COVID-19) under Arkansas Code § 20-7-143
 have expired and citizens of this state have expressed increased concern
 regarding the expiration of this state law; that citizens of this state have
 still expressed concerns about being forced to receive a vaccination or
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 immunization for coronavirus 2019 (COVID-19) or any subvariants of
 coronavirus 2019 (COVID-19) without consideration of their religious,
 philosophical, or medical reasons or information about the potential risks
 and harms of a vaccine or immunization for coronavirus 2019 (COVID-19) or any
 subvariants of coronavirus 2019 (COVID-19); and that this act is immediately
 necessary to protect the safety and health of the citizens of this state who
 have religious, philosophical, or medical reasons or who have concerns about
 the safety of the vaccine or immunization for coronavirus 2019 (COVID-19) or
 any subvariants of coronavirus 2019 (COVID-19) and to provide clarity as to
 the state law regarding the prohibitions on requirements for an individual to
 receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any
 subvariants of coronavirus 2019 (COVID-19). Therefore, an emergency is
 declared to exist, and this act being immediately necessary for the
 preservation of the public peace, health, and safety shall become effective
 on:
            (1)   The date of its approval by the Governor;
            (2)   If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
            (3)   If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
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                               APPROVED: 9/14/23
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