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Public Health, Welfare and Labor Committee - Senate

October 6, 2021 ·8:00 AM ·Room 272 ·13:29
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Bills discussed (1)

Bill Title Sponsor Status
HB1977 Act 1113 · 2 mentions in chapter, agenda
Matched: “HB1977 Bryant TO PROVIDE EMPLOYEE EXEMPTIONS FROM FEDERAL MANDATES…”
TO PROVIDE EMPLOYEE EXEMPTIONS FROM FEDERAL MANDATES AND EMPLOYER MANDATES RELATED TO CORONAVIRUS 2019 (COVID-19); … Bryant Notification that HB1977 is now Act 1113

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Unknown speaker 0:08
The chair sees a quorum. And senator Hammer you have you're running house bill nineteen seventy seven. You are recognized when you get settled. Thank you ma'am chair members committee Kim Hammer state senator District thirty three here to present House Bill nineteen seventy seven manager. Hi you're recognized but this isn't the identical meal identical bill two Senate bill seven thirty nine and the committee has heard it debated heavily and the committee was very gracious to let seven thirty nine out of committee go to the floor and so I'm not going to belabor the point I thank I would like to leave some comments for my closing comments if I would madam chair analysts or any questions I'm ready to go to whatever direction that you want to take this and all right any questions from the committee. All right seeing none we have some people that are signed up to speak on the bill and against the bill all right Mr Hudson department of commerce to speak on the bill. And you are recognized. Thank you madam chairman jim Dotson apartment commerce I'm not going to belabor the point offered plenty testimony about about these bills and sought after for you back to my previous testimony one particular shows one draw your attention to that really haven't talked much about and this particular bill there is an emergency clause for Senator hammers bill I believe emergency calls passed the concern that you know we're hearing from businesses Kentucky for small businesses who don't have a vaccine mandate they've they've not made that choice to do that but they are going to be subject to the federal mandates and so there's just a little bit of confusion out there and there's gonna be some questions about how you implement that how you implement this and I think as a as a kindness to our business community took our small businesses or restaurants or hospitals if we could give them just a little bit more time to study the Bill understand how to run it in their particular business I think that would be helpful so with that I'm happy to take any questions the committee may have are a committee do have questions Mr Hudson. Seeing none thank you so very much thank you ma'am thank all right that was on the bill of we're going to have D. affinity Mr Allen Beck the if you would come forward he is speaking against the bill. Thank you chairman element made part of finance administration and eight similar to Mister Hudson I appeared last Friday and we with respect to Senator hammers bill seven thirty nine R. objections or concerns would be the same with the the house version of this bill we did issue a fiscal impact statement from DFA with respect to we did identify the fact that testing is an eligible activity for the American rescue plan funds but our concern going forward is the potential costs and how they the potential cost could outstrip the available funds and so I would just refer back to my remarks on Friday as well and be happy to answer any questions all right But did you have a copy for. Centers. Wait just a minute please a Mister McVeigh did every day to bring enough copies for this to be I did not bring enough copies that are my understanding was that the fiscal impact statement had been distributed is that correct. If everyone have a copy of this okay all right now Senator Solomon you're recognized for a question. Thank you manager I think last week we have for the data on how you calculated. the testimony that you gave that your representative to the committee what I provided the different brought scenarios that we use we simply used. a number of twenty five thousand. Potential employees at a hundred dollars protest over the extended period of time that the the money would or the test would be available for for refunding okay see in calculating the other assumptions in there other than a flat number yes Sir okay thank you I don't guess I saw that. I guess I missed that email sorry okay all right any other questions. Seeing none thank you so very much for testimony we're going down to four of Paul carpet called. Thank you Chalford. Okay. You're recognized. Thank you committee as Paul Calvert and I kind of want to dress discount one issues it has Been a little bit of heartburn for me and I think probably for a lot of y'all and that is the argument from some that this is going to violate free market principles for private business owners and I think it's about I think it's a valid concern and I would like for this issue to be addressed addressed a little more forcefully than what I've seen it so far There are some people that maybe not always real strong on the side of free markets are coming out and making those arguments and I think that. Business owners generally should a private business owners generally should have the right to make decisions about what their employees should do even if those decisions are on reasonable or cause hardships for the employees they can employees can find other employment if that's where they want to go. However one of the problems that we have have developed over the last. Decades is that some of these really big businesses these big giant corporations have become so entrenched in government that they're no longer truly private businesses I think in many respects and so I think that. That can justify greater regulation and greater controls over the way that some of these businesses run their business because they're not. Private businesses in the traditional sense of. Maybe I can take my life savings and what sort of business and if it fails I lose everything where is some of these giant businesses they're protected by the corporate corporate status of the corporation and so in many respects I think these giant corporations are not truly private businesses and I think that is one of the rules one of the. Reasons why some of these if you will violations of the free market. Are justified and I think That is a The aged a reason for why we can justify taking these measures in any way that normally would violate the principles of free markets and the idea of private businesses business owners being allowed to do as they please and the private businesses all right thank you any questions from the committee. Singing and thank you so very much thank you. All right of. At Gilmore Arkansas department of health speaking against. Recognized him or partner health Charles Johnson apartment. I'm sorry the last name. Sorry chair Charles Thompson Department health all right thank you you're recognized thank you committee offered by a test me on this bill I don't want to belabor that with you all again I know senator Hammer shirt it several times and I appreciate shall listen to us we have concerns we mention those with the number of test required per week with the process that led up the bill for the testing for immunity we have issues with that and then to we just want to mention that this may be it may be issues with this with hospitals and entities especially healthcare entities that want to have or have to follow infection control processes so just wanna mention that and then again as I mentioned before we don't know what the federal government's gonna come down and do and how that may impact all this so I don't want anymore your time appreciate a listen to me and in your comments thank you all right to do you care to say anything Sir. No no I'm good center thank you all right thank you all right to any questions from the committee. Seeing none thank you so very much thank you all right of ray Lehmann. Senate correctly. Well thank. Have a seat. You're recognized I just have to very brief points the first is to compliment I fled the state of Nevada when it went deep blue and I came here and I want to compliment this legislature on what I think is the most politically conservative legislation I've legislature I've ever witnessed in my life you all did a fabulous job for us things could have been a little bit better but thank you many other my second point is I heard comment today about giving the business is a little bit of time to. Figure out how to work within this will those businesses give the employees a little bit of time for their fired that's my only question thank you very much any questions from the committee right sing none thank you so very much and then Jody and trip against. Hospitals Arkansas hospital association yes good morning I'm thirty and trade in the executive vice president of the Arkansas hospital association my comments will be very brief I know that you've all paid a lot of attention to everything in the House Committee it as well as in yours and I too want to compliment that collegiality of all parties involved so thank you for listening to us and our concerns in doing your very best to work within the parameters that were given to that end we are very concerned about the the specific exemption processes in the bill and we do know that OSHA will come down with employer rules for employers who have more than one hundred employees we also know in the hospital world in particular that the Medicare conditions of participation for infection control will also govern whether vaccines will be mandated for our employees are not and will outline also exemption processes if any we're concerned that the exemption process is in this bill might not conform completely with either the OSHA guidelines or the Medicare conditions of participation which will put hospitals in an untenable position to have to choose to follow federal regulation or state law and I do thank you all very much for your time and look forward to continuing to work with you on other issues all right any questions. All right thank you so much we appreciate that alright ladies and gentleman you've heard of the bill he per day for and against do you want to close for your bill. Thank you ma'am sure I'll be brief I think the concerns had been expressed and I appreciate a man which they've been express first of all and I appreciate living in a democracy where we can agree disagree or we can agree to disagree and in this case agree to disagree with the positions have been taken because I think there are workarounds for each one of them where there is not a workaround is for the employee who in the next few weeks will be terminated because of a forced baxeen vaccine requirement on them and what this does is protect those hard working employees who not lead looking to leave their employment they're being forced to leave their employment I think what this does is create a remedy for that pathway forward I will not belabor the point any longer other than just to say that I would appreciate a good vote from the Committee what that madam chair I'll make a motion to pass for this bill all right thank you to have a second all right. All those in favor say aye all those opposed congratulations you passed your bill thank you madam Audience and with that we are adjourn.
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Agenda

Call to Order

0:05

HB1977 Bryant TO PROVIDE EMPLOYEE EXEMPTIONS FROM FEDERAL MANDATES AND EMPLOYER MANDATES RELATED TO CORONAVIRUS 2019 (COVID-19); AND TO DECLARE AN EMERGENCY.

0:04

Adjourn

13:23

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