Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 977 of the Regular Session
 State of Arkansas As Engrossed:       H3/15/21 H3/17/21 H3/29/21 H4/12/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1547
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 By: Representatives Lundstrum, Bentley, Barker, Beaty Jr., Beck, M. Berry, Breaux, Brooks, Brown,
 Bryant, Carr, Cloud, Coleman, C. Cooper, Crawford, Deffenbaugh, Dotson, Evans, Furman, Gonzales,
 Haak, Ladyman, Lowery, Lynch, J. Mayberry, McClure, McCollum, McNair, Milligan, Penzo, Rye, B.
 Smith, Tollett, Underwood, Vaught, Warren, Watson, Wing, Wooten
 By: Senators B. Davis, B. Ballinger, Bledsoe, A. Clark, T. Garner, K. Hammer, Irvin
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                                   For An Act To Be Entitled
                AN ACT TO PROHIBIT THE STATE FROM MANDATING A VACCINE
                OR IMMUNIZATION FOR CORONAVIRUS 2019 (COVID-19); TO
                GOVERN REQUIREMENTS FOR A VACCINE OR IMMUNIZATION FOR
                CORONAVIRUS 2019 (COVID-19) EXCEPT IN CERTAIN
                CONDITIONS; TO DECLARE AN EMERGENCY; AND FOR OTHER
                PURPOSES.
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                                               Subtitle
                         TO PROHIBIT THE STATE FROM MANDATING A
                         VACCINE OR IMMUNIZATION FOR CORONAVIRUS
                         2019 (COVID-19); TO GOVERN REQUIREMENTS
                         FOR A VACCINE OR IMMUNIZATION FOR
                         CORONAVIRUS 2019 (COVID-19); 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:
        20-7-142.        Prohibition on requirement for vaccine or immunization for
 coronavirus 2019 (COVID-19).
        (a)    As used in this section, "coerce means:
                (1)      Using physical violence, threats, intimidation, or
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 retaliation with the purpose of causing a reasonable individual of ordinary
 susceptibilities to acquiesce when the individual otherwise would not;
                 (2)(A)     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.
                          (B)   However, other positive incentives that are above or
 beyond any expected compensation or benefit of employment shall not be
 included under the term "coerce"; 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)(1)     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).
                 (2)    A state-owned or state-controlled medical facility may offer
 positive incentives to an individual to receive a vaccine or immunization for
 coronavirus 2019 (COVID-19).
                 (3)    If a state-owned or state-controlled medical facility
 desires to mandate or require an individual to receive a vaccine or
 immunization for coronavirus 2019 (COVID-19), then the state-owned or state-
 controlled medical facility shall receive approval from the Legislative
 Council to mandate or require individual to receive a vaccine or immunization
 for coronavirus 2019 (COVID-19).
        (c)   Receiving a vaccine or immunization for coronavirus 2019 (COVID-
 19) 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)(1)     The Department of Health shall maintain information and data
 about the safety and efficacy of any vaccine or immunization for coronavirus
 2019 (COVID-19) approved by the United States Food and Drug Administration,
 including without limitation information and data on any risk of harm
 associated with the administration of the vaccine or immunization, on the
 department's website.
                 (2)    The information and data described in subdivision (d)(1) of
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 this section shall be presented in a manner that is understandable and
 accessible to all individuals.
      (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
 coerce in any way an individual for refusing to receive a vaccine or
 immunization for coronavirus 2019 (COVID-19), including without limitation:
              (1)    Coerce an employee into consenting to receive a vaccine or
 immunization for coronavirus 2019 (COVID-19);
              (2)    Withhold the opportunity for career advancement from an
 employee who does not consent to receiving a vaccine or immunization for
 coronavirus 2019 (COVID-19); or
              (3)    Withhold 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).
      (f)     If the state, a state agency or entity, a political subdivision of
 the state, or a state or local official recommends that an individual in this
 state receive a vaccine or immunization for coronavirus 2019 (COVID-19), the
 state, state agency or entity, political subdivision of the state, or state
 or local official shall provide notice that the recommendation is not
 mandatory.
      (g)     This section shall expire two (2) years from the date that the
 United States Food and Drug Administration approves the immunization or
 vaccine for coronavirus 2019 (COVID-19).
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      SECTION 2.      DO NOT CODIFY.   ARKANSAS CODE REVISION COMMISSION
 AUTHORIZATION.
      The Arkansas Code Revision Commission is directed to remove this act
 from the Arkansas Code upon the expiration of the terms of this act.
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      SECTION 3.      DO NOT CODIFY.   TEMPORARY LANGUAGE.   Conditional mandate
 for vaccination.
      (a)     If a variant of coronavirus 2019 (COVID-19) occurs and mutates to
 be a more virulent strain that impacts children within two (2) years from the
 date that the United States Food and Drug Administration approved the
 immunization or vaccination for coronavirus 2019 (COVID-19), then the
 Secretary of the Department of Health and the Governor shall request a
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 meeting within two (2) weeks of discovery of the virulent strain of the:
               (1)    Senate Committee on Public Health, Welfare, and Labor; and
               (2)    House Committee on Public Health, Welfare, and Labor.
      (b)(1)     In the meeting described in subsection (a) of this section, the
 Senate Committee on Public Health, Welfare, and Labor and the House Committee
 on Public Health, Welfare, and Labor shall make recommendations regarding
 vaccination of children.
               (2)    The recommendations shall be presented to the Legislative
 Council for approval.
      (c)   The recommendations may include a limited suspension of the laws
 under this act for students and school staff or a complete suspension of the
 laws under this act.
      (d)   If the recommendations include a suspension of the laws under this
 act, the standard exemptions for students may continue.
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      SECTION 4.       EMERGENCY CLAUSE.       It is found and determined by the
 General Assembly of the State of Arkansas that in December 2020, several
 vaccines or immunizations for coronavirus 2019 (COVID-19) were approved for
 distribution to the citizens of the United States; that the State of Arkansas
 has received limited quantities of vaccines or immunizations for coronavirus
 2019 (COVID-19) and plans to make vaccinations or immunizations for
 coronavirus 2019 (COVID-19) available to citizens of this state through a
 phased process; that citizens of this state have expressed concerns about
 being forced to receive a vaccination or immunization for coronavirus 2019
 (COVID-19) without consideration of their religious, philosophical, or
 medical reasons or information about the safety of a vaccine or immunization
 for 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 for not receiving a vaccination
 or immunization for coronavirus 2019 (COVID-19) or who have concerns about
 the safety of a vaccine or immunization for 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,
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 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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                                   /s/Lundstrum
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                                 APPROVED: 4/28/21
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Statutes affected: 
Old version HB1547 Original - 2-23-2021 03:00 PM: 6-18-702(a), 20-78-206(a)
Old version HB1547 V2 - 3-15-2021 10:26 AM: 6-18-702(a), 20-78-206(a)
Old version HB1547 V3 - 3-17-2021 11:14 AM: 6-18-702(a), 20-78-206(a)
Old version HB1547 V4 - 3-29-2021 12:28 PM: 6-18-702(a), 11-10-513, 20-78-206(a)