Public Health, Welfare and Labor Committee - Senate

Seven nineteen when I run so the only difference between seventeen which of the bill we filed a couple months ago in seven thirty one is that includes this includes language with American rescue plan it was it was an attempt to make sure that it said even tighter with the with the resolution but of course the way the the the Senate chair ruled the rule that the that it didn't have to have that but anyway so that's where we're at I don't want to take much time and and running this I'm obviously happy to answer questions for the committee I do know that the public has been here and and honestly this bill is the bill that probably a lot of people have gotten emails back about all that but one thing I wanna make it real clear that Senator hammers bill is the compromise bill it's the bill that is that is that the lord willing as long as everything works the way it's supposed to do becomes law I'm only running this if that doesn't happen right so so my hope is that we can get this back out of this committee and on the floor for me to be able to hold and less something doesn't this just in case something doesn't go right with Senator Hammer but which I don't think it's going to happen I think the compromise bills fix the problems that that we have I like this bill the same time I also like Senator Hammer is bill and I'm okay with that so what this bill does this just creates a right of privacy for for citizens that be recognized if there is any any type of of a negative effects from having that a person is right with the regarding their their code nineteen vaccination people have a right to it to either disclose that if they want or to withhold that and if there is retaliation against them because the fact that they do with older than that have the same damages that you would get out of you know the the Arkansas Civil Rights Act where you could file a lawsuit for that so if you're terminated or you're not allowed to go to work because the fact that you're discriminated against you can file that lawsuit. This would fix the problem but service center hammers bill and I may do it in a way that they gets I mean honestly my hope is we get the the the emergency clause because and that is what will provide help to the people I think we can get there within hours will not with this one. All right questions from the committee. All right seeing no questions that I would just say this real quickly if individuals want to have happen want to speak about this bill particular date they probably should and honestly as a legislator I have no right to cut anybody off from speaking but honestly I really would like most energy and attention to be focused on a compromise bill rather than this one just just so you know. All right so what you're saying is that to if this passes the committee will hold it on the floor of the Senate until we know where we are on Senator hammers bill is that correct that's exactly right all right all right okay well I'm still going to have to call for a for and against so ladies and gentleman you've heard the senator and he none of the committee members wanted to ask questions so it is your turn is there anyone that wants to speak for or against this bill. Several people signed up this morning all right several people signed up this morning now if you'd rather just pass because that's what the senator would like of then that's fine if you want to speak against it that is different yes ma'am. You. Six one. Would you excuse. You need to come to the Mike police and state your name for the record please. And this is for let allowing this because this is a point of clarification we don't take questions from the from the audience but this is about clarification so listen intently please go ahead Senator. So it so this isn't an answer to her question but everybody may not have already stated she asked of this replaces seven nineteen and that's probably number a lot of people have heard because it's the one that was five months ago so seventeen is the what the privacy this is the same exact bill with a couple extra words that really don't mean anything except for it more provide more clarification of the fund that moneys will come out of it that is what this is however the bill that that is gotten support in order to be able to get the merger to close down so fundamentally I we can pass this I I believe we can passes to get eighteen votes on it we may get a little more but I don't think we get twenty four votes on it at that happens protection these protections won't go into effect until January the bill that that I'm working with with the Senator hammer on he's taking the lead on he's done a lot of work on it in the caucuses got together on will provide those protections but it it has a chance of getting twenty four votes and don't even effect as soon as a team the signed into law or comes in fact for those with the outside. And so that that's why my attention is focused on trying to help that bill get through the only reason I'm even running listen Committee is because it makes out to the floor that I don't have we don't have to rely on the committee meeting again in order to get it going if something were to happen to Senator Hammer is built all right we have a question from senator Hammer if you are if you are a if you understand now what the the question you may be seated. But there will be amendments coming into the room in a minute on it so just thank you recognized for a question thank my chair Senator Ballinger would you qualify it's eighteen votes to get the bill out when you referred twenty four votes that is what is required by legislator by by rule by by our guidelines in order to get the bill out with the emergency clause the bill could pass fail on the emergency clause which would delay going into effect for ninety days would you just clarify the the eighteen in the twenty four that's exactly right so if we if we pass this of emergency clause failed on it it takes eighteen votes to pass thanks twenty four votes supermajority which makes sense for it to to have a of the emergency clause going effect and and we can do that I believe was that hammers Bill with this bill I had we're we're just not going to get there. All right to. Ladies and gentleman I do have someone from the state department of health Matt Gilmore if you would like to come forward. Fite recognized if the two of you would state your name and where you're from for the. But the committee for the record Charles Thompson attorney department health. Ballinger mag. Back in one of our health. Thank you recognized. Thank you for the opportunity manager there is a one section of the bill that we just want when I speak against it we're just make a comment on the second page of the bill it talks about required disclosures individuals vaccination status might be an issue with infection control procedures or policies also with funding long term three CMS things like that so just want to point that out that appreciate your time this this this morning all right. Thank you so much we have it to are there any questions from the committee for DHS and the representatives all right seeing none thank you so much for your testimony. Thank you. All right does anyone want to speak against the bill. All right seeing none and to of course we have those that want to speak for it but you have heard the senator's request is there anyone that just has to speak for it. Right seeing none of have you close for your bill senator. I disclose real quickly I do understand and and this the everybody in the world is to recognize CMS's get biz but it's come down the rule we don't know what the rules say the rule very well could come down and say something about the funding for Medicaid and Medicare and requiring some level vaccination status there will be lawsuits against that as soon as it comes down but ultimately it does go into effect nobody here wants a shutdown in hospitals no one here wants to cut off funding it'll it will create a situation where either of those permits a clause and the that will be federal supremacy over the regulation for will have to address it to make sure that the fund is not cut off so in the end I like I'm definitely not gonna draft a bill with the future possible federal government stepping in and overstepping its bounds and us complying before we even see with the rules so that's but but I am closing I appreciate the committee's. Right thank you so much all right committee you've heard of everything that there needs to be heard on this bill and so what is the will of the committee have it okay do I have a second all right all those in favor say aye all those opposed congratulations you have passed your bill. All right next we have senator garner on Senate bill seven thirty can you are recognized thank you madam chair ladies and gentleman this fine committee this is a very simple bill the only change a couple code letter allowed the code what this does is clarify questions I think many people been asking here lately is if I'm fired from my job. For refusing COVID nineteen vaccine will be entitled to the benefits like most people do when they're fired from a deployment can we reach out to workforce services and a few others try to get that clarified and answered at very best is mixed to muddy so what this does is it takes a long we've had in effect since nineteen thirty five the the unemployment insurance in the state of Arkansas and as an exemption to the list of exemptions that already exist and make sure clear to clear the code that if somebody's fire they're able to access their benefits for unemployment insurance but that manager I'll take any questions all right questions committee have any questions for senator garner. All right we have an email yes I forgot about them yeah we adopted amendments only emergency clause sorry about that all right. I don't have to vote on the amendment. Thank. All right and we have a only an emergency clause. Of so all those in fact have a motion and a second all those in favor say aye to adopt the amendment. Okay all right you're in all those opposed your amendment has passed and you're recognized yes ma'am and let's search questions I'll I'll book see my time all right the any questions. All right does anyone in the audience want to speak for or against this bill. All right we have someone in the back come forward you want to speak for against. Is it a question about process. We do we don't take questions from the public about the other things if it's a question that process or something like that. You want to speak for it so please do thank you say your name and where you're from for the record please my name is Ashley Benson from shared in Arkansas. This bill I believe is very good it's going to have a lot of people what I feel that people is not going to help that need help. Is the employers have told their employees that if you do not comply and take this vaccine that is passed down from the federal level. you they will take that as your voluntary resignation. And that's how they will put it. Not that you you just quit basically. All right any questions for the witness. All right seeing none thank you so much for your test is. All right ladies and gentleman You've heard testimony from the senator do you want to close for your bill yes ma'am all answer the question as much as possible right now the way I understand employment is that you could be have disputed whether you were voluntarily let go fired that happens within our unemployment system all the time the same policies that would allow you to appeal that decision from your employer still in place we change absolutely nothing the only difference is you have a black letter law that says if you were fired for covert reason specifically for not taking vaccine that's the termination and you can be get those benefits so I believe in that scenario not knowing all the details you wish to be able to access those benefits assuming you can access those benefits normally thank you and I without I'm close alright ladies and gentleman you've heard testimony you put the bill explained what is the will of the committee. I have a much as amended. As amended our to the second have a second all those in favor say aye all those opposed to congratulations to pastor bill. Right next on the agenda is a Senator Ballinger with the seven thirty one. You can pass that okay. Then senator garner you are next so this is a. Seven thirty three yes ma'am I believe there's a merger called amendment as well I need a dog. Madam chair yes Sir that is so seven thirty one is actually the one we just passed out I believe seven nineteen was one that I passed over earlier. and I apologize it is make sure that was okay yes we've got it we've got a five. All right we're looking for an amendment yes ma'am. This explain it should just be emergency clause added to the bill nothing from substantially else changed. Emergency clause for body here is whenever. Okay seven thirty three is passed out do I have a motion to adopt the emergency clause. All right and second and all those in favor say aye. All those opposed all right anyone explain your emergency this is just an emergency clause is that correct yes ma'am this it should be adopted base right yes ma'am okay all right you're ready to explain your bill yes ma'am I am as amended yes ma'am is amended so one most contentious issues we've had here lately is when the school years going back is appointing standards set by the department of health and being enforced by the department of education as many of you probably realize we have sent home if hundreds of not thousands of perfectly healthy safe kids from school missing critical time that they need to do it so I thought of what a way to solve this problem that we've had with the Department health kind of having this draconian top down approach and I was inspired by none other than our governor Aissa Hutchinson recently we had the special session for the mass mandate the governor said multiple times in multiple interviews that when it came to masking it should be a top down big government approach actually should be handled by each local school board if you look at the court case and words moved at the Supreme Court it seems the courts have held that position so far as well allowance local school boards have large lighted to when it comes to public health and safety so that part idea my head and made me think if we trust the school board so much for so many different issues we love this idea of local control finally take down this top down Little Rock approach instead empower each school board to know what's best for them and their children so that the school boards they decide to do different quarantine standards they are allowed to do it just like their mass there's a problem right now is we set up a payment of the system within our quarantine standard up until recently or if you master kid they could go back sooner versus ones that were on mass in a crate this unfair incentive in our system to send healthy kids home what this will do is allow those local school board the most accountable to the people they represent as we have seen from multiple school board meetings these last month and a half two months to be accountable those people allow those parents to set up the quarantine standards that. As for them and those children of that local community and what that meant I'm sure I'll take any questions any questions from the committee. All right seeing none is anyone want to speak for or against this bill okay recognized in your name. Okay. on the list. Her the yes okay. We continue this isn't. All right if you would and then if I yourself for the record a. Hello my name is Melissa color. I am mom to a fourteen year old student at our middle school and my eighth grade daughter has had only six days of in school instruction in the entire month of September and is completely due to the arbitrary. Albeit seemingly unscientific and definitely not based in the numbers rules and actually when we can't even call them rules there a guidance as sent out to the school they receive the guidance for schools the problem with this in this is that it's been as testified to by the Arkansas department of health guidance is considered low and if the school does not follow eighty age guidance then and they can receive all types of penalties and losses this is so this guidance literally has become law for school without parents being able to do anything the number one thing I've heard both times during both of her and I'm gonna call them suspensions because she is suspended from the school she cannot walk in that school door and not even if the day she was suspended if the day she was so called quarantine if I went and got a rapid test and it was she was proving to be negative she can't walk back into that to that school in fact it's. See that this last quarantine she was according to it she was exposed on a Friday. She was taken out of school on a Monday but I was not allowed to. Get her attested that the school would accept due to the guidance by eighty eight until Wednesday about my daughter had several plans for this week that she did not want to miss we do have friends that believe in CDC guidance and those plans were with those friends so this time I relented and we got a rapid test on Wednesday on my and and so we did that before I came down to the capitol on Wednesday before I could make it to the capital I received an email that telling me that my daughter was negative I could not then call my parents and Senator back to school she had to wait until today she could not return to school so she has a negative test she still can't go to school on Thursday she finally gets back today so. Literally six days of in school instruction in one month and let's top that off of my daughter's a dyslexic student now she's received a lot of tutoring she has above grade level reading scores now we worked very hard for that but that does not change that when she's in school receiving instruction from her teachers she's much more engaged and what she's learning she learns better so I have a student that at the end of August was a straight a student at the end of September she had a D. D. F. C. eight and eight and the ETS were an art. And in green agriculture she had no As left in core classes that means she might have to redo if we were at a different point in the school year if that continues through the school year. I don't know that my eighth grade student who is in a student will be able to move into the ninth grade and it all has become has come to to fruition because of the whip that this guidance has become and it's a whip on parents that don't believe in getting an injection and a whip on schools that are not enforcing mass because as the Senator stated this guidance says that if you're fully quarantine which my daughter is of age to be fully quarantine you don't have to you don't have to quarantine or if both the student that was sick and the student that was exposed to wear their masks properly and somehow the teacher supposed to say that they did or did not. That then they don't have to quarantine but all of those who have an objection for all their different reasons would have to quarantine for a minimum of ten days. And it is it is with this is an incentive this is a whip it has nothing to do with the true health of our children it has absolutely everything to do with politics and quite honestly I'm coming to believe we're trying to dumb down our population because our students are not being educated so I'd urge you each for a do pass but not just here I urge you to take control and give it back to the parents because we will hold our school board accountable so give us the right to hold them accountable and do our own work as parents that you can get back to doing the work that legislators need to do and I think you so much all right questions and I see a question from senator so thank you enough support what you're saying this was I look through that guidance the guidance also requires that temperatures be taken is your daughter's temperature taken every day no Sir they require special ventilation that is that does a school comply with all the rules on ventilation keeping the doors open. I do not know if they keep the doors open I know that the school district is working to improve all of the air systems throughout the night okay already quarantine your daughters yes senator so in the past yes it did not think there are like fifteen different guidelines yes Sir have you been to your school to ask them if they are in full compliance and and offering equal disciplinary action on all fifteen of them are they only actionable on the quarantine I'm six foot cord right I have not yet had time to make that appointment and even further more I was only alerted to that form and that parents could ask these types of questions and demand these answers two days ago I would say that probably ninety nine point nine percent of our parents at the state have no idea that they could have a meeting like that demand those answers so has it is the teacher willing to certify. I wouldn't say under oath that certified that that students have their mask on properly or improperly in order to make that determination our teacher would have to certify that she did not because our school is not enter mass mandate and my child is not wear masks so that's out of compliance with the guidelines okay thank you thank you madam chair any other questions from the committee all right seeing none anyone else in the audience want to speak for against the boy Bills are you for. All right of are you against all right let's take the against now to come and introduce yourself for the record. Good morning my name said Dr my command as executive director for the school administrators association and Here to speak against the bill and and want to talk about some of the reasons why I have not there's nothing that the lady that wrote that spoke before me that I would disagree with quarantines are huge huge issue for districts across our state that a number of administrators Comment about Issues that they're having as far as this bill is concerned the you know the major aspects that we or are worried about I guess is administrator two fold one this seems to go a lot farther than COVID nineteen it specifically says that school boards will make the decision to quarantine isolate and enforce those things on any number of infectious diseases so any time there's a new disease that pops up it then falls to the school board to make these decisions and and at a district level you know they don't have a lot of access to people that. That they would be be able to make that decision on a regular basis without you know working closely with the health department or other health professionals in their communities the the thing that was spoken to about the arbitrariness and and you know different ways that this can be implemented I think that's the struggle that we're facing across the state right now with masks and and whether school districts are masking or not I think this would be the same process if every school board across the state were left to make the decision of whether or not to quarantine enforce quarantines in those types of things and so those are those are probably the two. Major concerns this is putting that back on us on the school district have to make those decisions without some kind of guidance or guardrails in place all right thank you we have a question from a committee member senator Hammer thank you I just wanna make sure our mindset you're going down the same way it on page one line thirty three says the borders designating may issue guidance so by the end and to the bill sponsor on make sure that's the right word you want in there versus shall have the word may it delegates to each individual school district and its board to determine the guidance they could fully accept the guidance has passed down by the Department health or any other governing institution or they may choose to intervene and say we appreciate that we're going to take some of that and we're going to use your own guidance first of all that and my correct on that absolutely that's within the bill to purposely this way this would work would be similar to the mass mandates where a guy's be put out by department health department education just like masking was which came out a day before law school started and the school board themselves can make a determination whether they want to follow that change or modify based on their own determination for that guys could be provided by the department of health and they have the option to do that that would be accessible to all information experts in all the power of the department of health the final decision making would be left to the school board and we worry about funding being cut off from the feds are from the state either one how would this or what would this do with regard to any funding streams that may come down to the schools if you have two different schools utilizing two different guidance policies how's that going to a second affected thank you I would argue that multiple other states have put in bands and I have not heard of one state losing funding for school district because of that you look at Florida and and their governor being fairly aggressive about standing up for individual rights of parents students. And I have not heard about federal funding from any of the multiple federal programs for make a rescue plan being cut off for them yet I frankly think this idea will lose funding if we don't its total stepped every parts line is is a false one and one I don't know do not think will come to fruition. Have you finished Senator. Yes we have let's see as more women I was asking to Senator Hammer is a Mister and Hernandez one of. Boyd said anything on that please manager and I'm done thank you all right. I'm sorry Senator that was a question about the bill or about the yeah my question is by it being permissive if you have to school districts sitting side by side one chooses to go about it one way one chooses to go about it another way with regarding because I've heard you know about funding sources being cut off to the schools and that could be a veiled threat could be a real one you've heard what the senator said I would just like you to address that issue how you would result that if you have multiple school districts operating under multiple guidances as determined by the board which I'm not trying to bait one way other on that I just wanna hear about the money. The so I'm in the bill I'm not aware of any have funding issues that might be there I know that not knowing how this fits in with other codes if we're not following guidelines and guidance by the department of health or department of education this may trigger other laws I haven't been able to study that completely I think the the only thing that is a concern may not may or may not be valid is that when you do have two different districts fall into different guidelines or something this magnitude especially around infectious diseases what kind of liabilities would would be there if in fact a student or staff member became sick because they were going against what was recommended to him by the department of health I think that would be a concern that we would like to study a little more to see what implications that might have. Okay Senator Solomon thank you and you represent the superintendent yes yes so I did see that it seems like the guidance that the department of health is now set is mandatory under punishment that if the school districts are very selective in what they enforce other words as I ask before we don't enforce temperatures anymore correct. So senator my understanding of the guidance is just that guidance regarding what this part of Heller's that is not guidance they said it's mandatory and is punishable they just don't enforce it so it under the and if I'm wrong I they can come up and they're here they can come up and correct me but if why are we so selective in what we enforcing their guidance. Senator what are what we understand is that the the guidance it's put out there is just that guidance and the ones that are the part of it that is required is related to the quarantines we've been made aware of that by the department of health and department education that we must report those things and that's part of the rules in the Department health guidelines related facts diseases and and help you could give me that in writing I'd like to see that in writing yes Sir and if we are if we are. Going to take off our guidance by the Department of Health the Department of Education on these things what's the need for the school boards anymore superintendents. At what point do we act independently in the best interest of our students. Senator I think we always try to act independently as much as possible in the best interests of students but when it becomes to making decisions about health health related matters you know we often get difference to health professionals and that that's kind of the way we've always done things and I think that's the case with this bill thank you thank you manager all right any other questions from the committee. Seeing none thank you so very much. Of heavy clothes for your bill I think that Department women okay just a minute there's some of the people that would like to all right I believe I saw have you signed up to this okay if you would come forward. Induce you Sir for the record please. Hello and thank you I'm not William hi Smith family practitioner and shared in Arkansas. What I want to speak for in favor of this bill is allow is it does allow the in the school board and each individual district to act in a way that's best for their district because if you look at the department of health and department of the. They handle elementary secondary education guidances which the school boards we've recently had this battle and shared and. Sees it not as guidance they see it as these are the absolute rules that we have to follow. They very completely from rules put out by the World Health Organization as far as distances. They call for three hundred and sixty degree six foot around somebody to be quarantine. But there's no reason for any if I had COVID right now and was talking in a classroom there's no reason for the people behind me to be quarantine. Also in those guidances eight calls for proper and correct and consistent mask wearing to avoid the the Penalties none for lack of a better term of. Not having amassed mandate but when you look at the guidance is for the World Health Organization regarding correcting consistent mask wearing. There's nobody that meets those guidances anywhere at any time. So I'm very much in favor of allowing. Each individual. District to decide within with input from their local physicians from their input from their local you know. Parents. What is best for each individual district with regard to this okay thank you any more questions from the committee. Seeing none thank you so very much I think you have to take a day of work off to come like some of these people yes ma'am well thank you so much for doing that thank all of you who who did the same all right we have some more that would like to speak this lady back in the back I know she signed up because we've had a a conversation so if you will come up and state your name for the record. Where you're from. my name's Melissa Bosch I'm from the cabin school district I'm a military veteran and I was going to speak at the last one of how you can't force vaccinate people I was given the anthrax as well and then subsequently had to premature births once it was out of my system I had to normal parts after that so that's kind of where I'm at on vaccine because you can't mandate also. I have a daughter who's almost killed by doctors as well she had a genetic mutation which did not turn on Toshiba seven and so when it comes to vaccinations there's a whole list of genetic mutations we don't know about that can be turned on later in life and hers was actually not on the books and we fought very hard to find it we found the diagnosis in Boston sorry I'm nervous but during that time when we were getting her a bone marrow transplant a doctor prescribed a medication that almost fried her brain it's called neuroleptic malignant syndrome and so when you guys make lies on the quarantining and you don't understand that well I'll go back so I'm from Montana I probably talk a little bit different than everybody else here but I am now a resident we're retiring here and this is why this is so important to me because we have chosen out of all the states to retire as military were staying here because we thought it's safe in the school systems are great which I'm learning arts but what I doubt because I'm a curriculum nerd like I just love a good education but my kids are getting that but on the other side when they forced the masks I started researching and when my daughter was in the ICU we lived there for ten months The child next to her got chicken pox and it he also had an auto immune disease and so. He was actively inflamed the chicken pox we had when I see room he was next to us and the nurses were joint. At no point did a doctor or nurse going to his room with like he's from the Department of Health what you should know not to wear that mask around buyers so they actually wore N. ninety five mask for the chickenpox vaccine and the gentleman who had beards the put on gas masks because they knew they had been vaccinated but they can carry that virus in their nose and just breathe on my daughter and so mass have led us to this quarantine issue which is completely unfair because being from Montana Montana's forty outlawed mass for children the department of health and Human Services outlawed in because. Suicide skyrocketed that first year and they said also kids were coming up with upper respiratory diseases that should not have been given they were giving themselves strapped because we all have struck in our throat they were giving themselves are as V. like they're giving themselves diseases and so they banned quarantining they banned masks and the governor just signed a law that bans firing people for vaccines based on your human rights and so I don't know maybe I haven't read the whole Arkansas Code like do we have a human rights anything in our constitution here because that might be a a slip up or we don't even have to talk about the vaccines but while quarantining on and off all of these kids in our school district only one percent have popped up with COVID and so if we're all talking about science and data like should we look at the data that we're following we're not following the twenty nineteen guidance somehow the Arkansas department of health actually has a more strict guidance because their guidance for schools say you have to have three or more positive cases in a small area and then the superintendent calls the department of health and then they also raise the quarantine and that's the one that's publish that I just read and there's only two pages that refer reference schools it's page five eleven and so I I haven't found the place where they have given the authority to school nurses to quarantine or falsified COVID tests which were fighting right now a nurse just falsified a positive COVID test to verify like to to make it back so it doesn't look like they quarantine for no reason that's actually being litigated right now cabin so it's it's not that it's just there it's just that there's so many things are going wrong with this and yet the kids that are healthier sitting there at home. Waiting ten to fourteen days or if their parents like to torture on. Put a swab up their nose every four days to try to get it back earlier which I think is completely wrong so when we look at this quarantine thing we need to figure out doesn't even make sense scientifically because these kids or even there being court and I'm not talking about positive cases of course parents keep their kids home during flu season like why is this any different more kids died from the flu than covid so when the kid is positive I believe in keeping them home and tell their well but the close contact is just it's not making any sense and so I would even go further and not even to leave it up to the school board I would leave it up to the most local level of government and that would be the parent if I feel my child was around someone sick. I'll keep them all right thank you thank you for that testimony If you wouldn't mind. Thank you very much I know you probably had a lot more to say but thank you to. All right a who is the next one all right thanks and and please let's let's don't. Okay consignees and not repeat what is already been implied or said please. All right and state your name again for your from for the record yes ma'am my name is Lana Robertson I was in here earlier I am my addresses Searcy schoolmaster C. but my school district is BB So my issue is that to realistically at this point the Arkansas department of health and the governor or using the quarantines as a backed your. Puppeteering of to mask mandate anti vaccine mandates you are. Not looking at this as a data driven Issue you're not they're not using the numbers I was a math curriculum specialist for schools I deal with data every single day the data doesn't agree with any of this So you're not use they're not using the data to keep kids home or keep kids in schools they keep saying the whole reason we're quarantining the whole reason masking all reason we're now incentivizing for the vaccines through the quarantines which isn't exactly make sense that's more like Corsini you guys when you're when you're threatening kids with quarantines. To get the vaccine that's coercion just heads up they they don't have the executive functioning. to to get to to be able to choose a medical procedure for themselves if you're threatening of children to not be on the bands starting line up if they don't have a vaccine I'm in then and they have to get quarantine then that's coercion if you are training children to be on varsity team they don't vaccine and I think a quarantine that's coercion and I will pick it is concise and overcome Madam but these are all issues these are all quarantine related and so that's when the school district needs to take control because right now all the Arkansas department of health and the governor or back door pressuring all the school districts to be inconsistent because yes or a massive amount of guidance and they're not following all of the guidance it's a ridiculous amounts Also with the funding you guys mention the funding earlier we've been freedom of information act requesting the school districts and we've been looking at all the money spent and the schools that are not requiring massive this point or some of the school districts that spend money on ventilation the ones that did not spend money on ventilation or the ones requiring mountains go ahead and and we can send you the money spent thus far for have a school district or for some of these other school districts they have not spent money on ventilation they have not use the money properly they have to move money from the regular budget over into a server one server two and our professor funding and we have proof for that age and it fits the budgeting funds I dealt with budgets I understand how that works but none the less they did not use it for ventilation to drop down the quarantine measures so if they would have used the funding correctly the quarantine numbers would be lower so if you all would go ahead and request that data he would be very surprised at how the school district or not using those funds to actually increase the safety and health measures for their staff and their students as they said they would thank you ma'am thank you women testament yes my questions Senator courage all everyone to take this argument to your local school board they're the ones paying the money I would also just try to ask a yes or no questions do you know that every parent who's had a child quarantine last year or this year can go to their school board or their principal and ask for the scientific data justifying that suspension quarantine and they have a right to due process to get whether they were sixty one insurance five feet nine inches every parent should show up tomorrow to there's principal asking for that information do you know the parents can do that tomorrow. Would you like just I cannot answer that in yes or no because I have a current address read I know Sir I'm sorry I have a current thread with that fake test that they did over in cabin showing that for three or four days now we've been doing a request back and forth and they will not give us that data and they've now said if you want any information you can send a lawyer so we are now trying to get that parent the lawyers to in being gauge because the school district refused to give them the information. All right thank you so much I don't think that's a question that I have a logo all right thank you. That's the that's. All right the women we don't we don't take okay all right and and I would like to remind all of us in the room if you have a cell phone please look at it make sure yours is off. All right so senator are you close for your bill if that might be very brief past the Department of Education directly that if school districts I do something different with the quarantine standard with there be consequences and they said yes they have the ability to even pull their charter believes the word for word he answered I directly asked if you would change he said no it's time to take the governor's word and follow his fence principle of giving that local control back to those local school boards that I'm close manager all right thank you all right ladies and gentleman you've heard the information from the senator you've heard yes of those for and against which the will of the committee. All right what's the will of the committee. All right ladies and gentleman since there has been no motion I'm sorry senator you have failed to bill are you going on to talk about the next two as I understand it you want to talk about the next ten briefly briefly very briefly and then is that right yes ma'am all right let me don't let you do that please means please be brief all right the first one has to do with natural immunity great concept the way I understand it is that was a brawl discuss can Senator hammers bill and some up and the other one we have and so I think that was better covered by that bill would only trade the same grounds all pass over that bill. The next one is the therapeutic bill. There needs to be a real discussion about how we treat people with a code for the state of Arkansas therapeutics have been found to be beneficial life saving things that we do and also the debate around certain therapeutics like ivermectin hydrochloric when has been discussing on sept unscientific garbage and they have no one to save lives they have no one to make a difference there's multiple studies that prove that the problem is is that we're not getting that god from the state of Arkansas we don't do a gets get a test test positive and to treat it we get a detest get sent home and hope you don't go to I see you so I put this bill together to kind of give a list of information to certain people about from the department health. About those multiple therapies could be done there's no in a body that might recall and antibodies whatever the exact name is everything else I kind of had a realization that once it's out of sight of the preview of the legislator they can write anything they want to on that and so they could write these things are helpful and they are harmful to people and because I frankly don't trust that process to be fair equitable to the actual size and that of it I don't think as long as you're going to affect because they could actually do more harm than did and did not but I'm happy or having a real discussion about therapeutics and something the state of Arkansas need to be leading on before topples bill down as well thank you late in German for your time today thank you so much alright ladies and gentleman we are going on to become Passover Senate bill seven thirty six by Senator Ballenger I don't see Senator Clark in the committee room so with them pass over that and then on and off Senate bill seven thirty seven and then again Senate bill seven thirty eight and now we are at Senate bill seven thirty nine with senator Hammer if you would take the chair senator. All right when you are settled you are recognized thank you madam chair before again I didn't ask you want help percent. Please you could recognize Senator bills that would be fun glad to handing. And I believe you have an amendment is that correct yes ma'am and and we will accept that having a member of the house with its today that is a representative Johnson fronted welcome. And a ladies and gentleman you can have a few seconds to look over the amendment and then senator Hammer will explain this amendment. Read. You're recognized to explain the amendment thank you ma'am chair and the reason I have Senator Ballinger and represent Bryant joining me today is because we along with other members in the Senate chamber as well as the House chamber work together to bring this bill before you and representative right presented this bill the public health on the house side though that would be good for because there is an amendment just make sure we have the ability answer all the questions him having presented it before the public health system you would like me to reckon recognize Senator. Of representative Bryant to explain the amendment no all of all explain the member all right want to clarify why she was able okay thank you thank you. The U. one explanation of the amendment or did I hear motion amid ago or what I am determination of the amendment please exposure okay just wanna make sure thank you so this amendment comes having worked with several parties and also representative Brian having pioneered the bill through the house side already these were some things that were agreed upon by various entities in order to smooth the bill and get it to the point where we are on the Senate side today although it's not officially passed out of the house side yet and so we had some individuals contribute to what we think may help make it a better bill and that's why I wanted to introduce the amendment and the proper time of people that make a motion to adopt the amendment manager. All right ladies and gentleman in it. This is to you. Look at the amendment and we do have a motion to adopt so all those I have a second all those in favor say aye. Thank you any opposed seeing none amendment has been adopted and if you would explain the bill as amended please the committee or what I like to do is just walk through the bill think that be the best thing to make sure there's a clarity on all points and also at any time I'd like to welcome Senator Ballenger represented right to to join in in either correct me or help me with your when you want to do what first of all the Bills read through in the Act it is modeled after resolution that was presented or for us to continue to take up certain items as defined in the resolution so we make sure that the active entitle had that in there The Amendment is that we took out the authorized unemployment benefits for individuals treat terminate due to the refusal of vaccinated against corporal COVID nineteen and the reason for that the members is because of other bills that were running through the chamber but also in a consultation with the Be able to draw unemployment would be present with the passage of this law so those details are already worked out and that's why we remove that section from it okay and that that would be covered with the passage of this bill as you heard other bills those address those as well moving on down to the bill when you get to the subtitle again we just the subtitle reflected removal of the unemployment benefits because as our restated and then when you get down to the do not codified we wanted to make a strong statement about what we as legislators bill has gotten us to the point that we are in one of the things in this is personal editorial but it relates to the bill is this nobody in this room really want to be in this room we've been made to be in this room and waiting it made to be industry because anything we did here in the state of Arkansas we've had it handed to us by the federal government and this administration and it is caused us to have an internal fight among our Kansans that was really unnecessary but yet we are where we are and we're trying to find a pathway forward thank you very much federal government will figure it out ourselves and so that's what this bill is as an intent to express that we think this is a pathway forward to deal with over reaching federal mandates and regulations and provide a common sense reasonable approach in order to be able to get through this period of time knowing this that we are still sitting here today waiting for the rules of the federal government to impose himself upon our Kansans in every US citizen and while they're sitting up there trying to figure out we're here today to say we figured it out and that's what this piece of legislation is all about along with these others so the United States government is mandating that employers and I would like to make this statement based on testimony this morning not all employers want to mandate things upon their employees one thing that is not provided for currently or could be taken away in the future is to protect employers who do. I want to be forced against their own will to impose mandates on their employees that they don't want to do I've been talked to by multiple business owners that have told me we don't want to have to do this we don't want to be put in a position to have to do this but what are we supposed to do that's the approach that we are taking in this resolution are in this in this legislation vaccinations mandated or breach of Thor T. many employees employers of our stated that look forward to the second page and we're still in this section do not codify because it is intended to express the intent of the legislation Arkansas employees need to be protected from this type of overreach I did not put in there but could have justifiably put in there the word employers but we know that with this passage of legislation for those employee employers that want to utilize it they would be able to utilize it for those that want to be under the pressure of the mandates they have chosen to be that way and so that's why that states in there the Assembly finds and here's the intent that this act is intended to protect employees in Arkansas from any pending termination due to vaccination mandates and creative bility for funding to be available to assist employees in Arkansas with the costs associated with testing related to the vaccination so what we're trying to do the intent is to create a pathway for that if in the event and employer requires an employee to be vaccinated we want to make sure that we have secured a spot at the table that if funding becomes available and is allowable that we would be able to access that in order to help offset the set the cost of the test that would be required there will be some debate Senator Ballinger may be able to speak to this as far as whether the color current COVID nineteen funds are allowable to be used for testing I think there is some conflict of opinions about that and and I do wanna put that. Out there for clarification for members to consider as we go through this when you get to section two which begins to get into the meat of the bill and manager let me just make sure. Because I want to present the bill as amended Moving down to when you when you get down the line sixteen. the Amendment Dilys the word treatment. And substitute vaccination for immunizations you come off of that and if we could Senator Ballinger will elaborate on that. So the the pesky House members came in and then thought they had better language we had and we agreed with them because the bill has to make it through there so so essentially what they do what they said is that they felt like the the ward vaccination and immunization will make it more clear than the work treatments and since we've got to get. The bill out of their committee as well we said okay. It represent Bryant wants to defend the house again. Yes Sir yes madam chair of the amenities to defend that We were at the house this morning is that the vaccination immunization is not a treatment for code it is basically a cure or a you know at which is all a treatment would be you know go home and take take medicine so the way the bill as as written is it would basically limit the employer being only hospitals or people that provide treatment for co in nineteen so we did is defined as a defining treatment below the Texas we just replace treatment with immunization or vaccination all right okay. Page move on down and burst it burst sir thousand church line eighteen. Sorry. Line eighteen it's. Yeah captions here line eighteen it says a specific exemption process which is really what this bill is all about is creating that exemption process for those who do not want to be mandated to take the to take the vaccine and so and I'm I'm sorry manager I'm just reading down the amendment make sure don't look over anything line twenty two we remind we we eliminated line twenty two which is the one time per week correct me if I'm wrong I think the rationale behind taking that out well it's yeah. All right so one twenty two was what is amended third line twenty two is amended to It is just sit in the in the language so that's just a that the first amendment that you see on the if you're looking at the moment that says Page two line twenty two delete it's just deleting the the a function and it's modifying it down here so. We just read it real quick and then I'll tell you what it does. Okay so what what happened in this this section so if you see they deleted it and they replaced it with the language down here that dealing with the proof of immunity so so basically this whole whole section was deleted it was replaced down there. That in Senator hammer can explain that and what was replaced with laws proof of immunity for the variance that causes the COVID nineteen or experience because we know it's a it's a moving model include without limitations the presence the antibodies T. cell response or proof of the positive COVID nineteen test or the variance test on the basis of two times per year not to exceed one time every six months from a licensed healthcare professional so in layman's terms what it means is if you can prove that you had it thank you might have to do that once every six months because that's kind of the current status of the variation or the possibility of variations it would eliminate you from having to do the testing also if you had as I've heard testimony room today you've got COVID nineteen last month you verify that through health care medical provider which could been the E. are met express your PCP or whoever you would want to that would have said are you produce tested shows then you would you would be elect eliminate from having to worry about that testing that's why that was written in there the right track okay moving on down. The employee if if test if multiple proven test processes are available to an employee under this subsection of which we crafted it so that and Senator Irvin actually contributed this piece to the to the bill it is written because they're new tests are coming out every day that are becoming not only more accessible but also more affordable and the reason that the language was written the way it was so that as new tests come onto the market we would be limited to saying it's this this or this and then we're out of here and new things come available in those things I want to be able to be introduced into the conversation so we've made it possible that as more tests become available accessible affordable that those could be made available the way the language is written anything. All right on page three. Lines four through ten. And this is what was substituted as a result of the discussion that occurred in the house and I'd like to so from lines three I'm sorry lines four down through ten lines Ford after ten would be deleted and this is the amended language and I'd like to read out loud for the benefit of those are in the room they don't have it the cost of the testing shall be covered through any state or federal funding made available including without limitation COVID nineteen relief funds distributed from the American rescue plan active twenty twenty one if the employee's health insurance plan does not cover the cost of the testing B. and this is what I wanted right listen up to and then I'll give the explanation for why in the event that the cost of the testing under subdivision which I just read of this section is not available the cost of testing will be covered by the employee somewhere some way it had to stop with someone and it stops with the employee and somebody like that so made think that's over burdensome on the employee but for the common consensus we left it at that in the event that they're not covered by their health insurance plan for the ability to get that testing but remember if you've already had it you can produce evidence that you've already had it then that would cover for but if the testing is required Dan if your health plan does not cover for it and they're not additional funds that are set aside which I know what is the intent of some legislators to make that money available and DFA may come in a minute and talk if they do will address what they've got to say potentially but if not leave it alone but we would intend to ask for some money be set aside in the bill we've designated DFA to develop the rules for how that would be dispersed so that employees could seek reimbursement for the cost of the test and so we have built that into the language which is further down and I've just articulated that so we'll go to details but that's what that's what. Is written into the legislation it goes down and. Thank that CSX in the notice of the bill bill except for the emergency clause and I missed it. One thing that that I'd point out is that we were asked to make sure we included language to make it clear that this does not modify either other agreements that that there may be between the employer employee or modify our employment at will so it is that this the it's specifically the clause specifically says that employment at will is still intact subject to of course the provisions of this act which was important to the business community that we make sure that we do keep the employee at will status and so it is written into the written into the bill the other thing I want to point out this critical for you to know is on the back page of the bill slide to through three there's a sunset clause on this that is July thirty first twenty twenty three the reason we put the the sunset clause in the bill is because this is such a moving issue in such a moving target we want to make sure not to create something into perpetuity but we wanted to be able as legislators be able to come back in the general session of twenty three and be able to address any changes or modifications that we needed to make to it based on input from the public. You know how quite honestly how things turn out the election what the environment is going to be at the federal level at the state level after the twenty two but it would give us that chance to come back in during the general session where this would not be done in a short period time could be done in a general session time which is usually anywhere between sixty and ninety days the reason for the emergency clauses this and again I want everybody in the room to understand this we get this past others committee and it gets to the floor and we can get a least eighteen members of the Senate to vote on it on the floor we would have to turn around and ask for twenty four votes in order to get the emergency clause which would mean the bill would go into effect immediately as soon as signed if we can't get the emergency clause but the bill goes through it would have a ninety day lag time and somebody watcher the may correct me if I'm wrong on what I'm saying but it would go in effect in ninety days we felt that was too long of a period to wait given the environment especially the testimony the young lady while ago that had or had her card no one called the wrong name of the institution that you work for but I hope we don't give them money if they fired you that that for people like that is happening day right now we know what happened up in the state of New York I think in the last day or two where they terminate a bunch of health care workers we want to get this done through an emergency status to give our employees protection but also to give our employers who want to be able to say you know what we've got protection for yet here's the guidelines for how you can do it let's work together as a team to make sure it happens manager be glad or we do you all have anything to all right we're going to answer a question all right thank you Senator Solomon thank you madam chair this bill that on the table for quite awhile have you had any indications from the hospital association from Mr cirque our other businesses that they're willing to back. Off of terminating hundreds if not thousands of our Kansans until we have a chance to work through this and they contacted you at all I've had I've been contacted by Judy in which we try to work through one piece of language on here I appreciate that you know contribution not sure is exactly what you want but it got close I think she can set the table and but she's been cooperative in trying to communicate provide some information I have not been contacted by any organization that represents the industry's within the state but I have heard from my individual businesses that express the things that I commented on on here today I guess I'm just a little bit of a new wants to that so I'm asking specifically have they been willing to back off of terminating people until we because it's going to take a few days to work through and people are already being fired so are have any of those industries indicated they're willing to back off until we have a chance to pass this I've not had the comment made to me but what I will tell you is what some might businesses of told me to hurry up and get it done so we've got some to protect us okay thank you thank you madam chair man share need to say also because I'm not sure who may come up behind the table one of the things just for disclaimer this bill may be in direct conflict with what we'll come down out of the federal level one CMS or have OSHA passes their rules which supposedly are supposed to happen any day now Whether that happens or not I don't want abortion opinion on but it needs to be duly noted that this piece of legislation could go in direct conflict with whatever may be coming down and we we may go head to head with the federal government who's threatening to pull federal funding from institutions so I heard based on the rules that would come down so I feel obligated to put that out there so everybody knows at least it was put out to the public for comment all right thank you any questions from the committee. Any questions from the committee. All right to seeing none we're going to go to you for and against Wigan take for this a I'm sorry will take against Mr Gilmore of with the department state department of health would you come to the end of the table. Matt Gilmore court help I think we were on the bill madam chair I don't think we were. Listed as against just wanna. I want to clarify that I think some of the amendments that have been made helpful one thing that we just want to comment on was the testing once per week we thought that would be better if it was at least twice a week I think there's been some guidance on both sides of that argument but for that that that would be important and then also on the testing for natural immunity at least you know every three months on that just because we don't have a threshold for that set yet on a from the CDC or from any kind of testing standards there so just one of those out there and then also with the language about you know whether you should allow the exemptions are not as far as the and use the testing in the national unity it is not real clear whether it's for exposed individuals or for surveillance testing so just wanna make those comments all right questions from the committee all right Senator Solomon. If so I can be clear when I go to the floor to testify for this bill I can truthfully say that the health department has no opposition we spoke may I meant that you have no opposite we have comments and was built on bills or there's no opposition to the bill. Nothing in this bill that this body is going to be able to get through and and meet the the needs and demands a shelter put upon all okay I'm going to testify that the health department has no opposition let's hear differently from you thank you. All right of. And Mrs Martin you signed up Jacquelyn Billy yes please state your name and where you're from for the record please. Can you speak for. There. Hi my name is Jackie Martin I'm state director for a convention of states and some of you voted for us not appreciate that very much and I also appreciate senator Bledsoe allowing me to speak today. You know I try to be real simple my main motto in life is keep it simple. Stupid is like the kiss philosophy. And I've had seventeen years as an HR manager general list and also for twenty seven years of implementing human resource applications for oracle where I had to know federal law on employment and everything else and there's also another thing that says if you are not a student of history you're doomed to repeat it so if you go back in the U. S. history you will find that there's always been an oppositional position between corporate America and workers and the government has had to come in and to preserve the rights of the workers we started in nineteen thirty three with fair labor standards act because the labor unions occurred. We also have a reserve bills for benefits that affect our employees in an ocean of rules for safety and you can go on and on and on and on and on. Corporate America will abuse employees rights if given the chance and I think this is one of those situations and let me just say. Before we started doing legislation we have corporations in America that had employee stores they paid them but they had to spend their money at their stores. So we have a situation here where employers will pay you if you get a vaccine. We'll keep you employed if you get a vaccine. They were moving personal self governance and personal responsibility from their employees that is not the right of corporations but it is the authority of the government to preserve the rights of employees not only in this state but in the United States because as Senator Hammer said we are in this situation because of the Biden administration I'm not afraid to say their name. And they know that they cannot constitutionally authorized or enforce our mandate any vaccination for any citizen in the United States so they are using the corporations of America to do their dirty business. That is the first time that's ever happened in history of the United States. We have a form of government called federalism we are unique in the world because of that form of government. We expect our states to protect our rights as human beings to govern ourselves that is the number one premise upon which the United States was founded and it's also found in the Arkansas state constitution so when you all consider. Voting for this bill which I'm not totally happy with everything in and I'll be the first one to say that but I I I understand that is a halfway measure to make corporations requirements because they're going to get pressure from the bite and ministration. But please keep in mind that the rights of the citizens should be number one consideration by our legislators. And I appreciate your attention and giving me the opportunity to speak today thank you very much just a minute we'd like to we have someone that wants to ask you questions Senator Flippo thank you Mr thank you madam chair and thickness Martin for your testimony just a quick question should this bill pass today. I get your assurances that I will no longer receive any emails on a convention of states absolutely absolutely you will not. Mention the time. I can't guarantee that on any other measure though. All right any other questions sing none thank you so very much. All right in a I'm we used to go for and against I'm asking of Allen that day to go to the end of the table he's from DFA and he is against. You are welcome and. When you're ready you're recognized. Thank you madam chairman. Represent DFA from S. chief of staff and we're speaking to our concerns with respect to the potential cost of the the testing as the testing was designed within an eligible activity within the American rescue plan I don't know that it was necessarily seen as covering the type of tests in the type of process that we're describing here today so the purpose of my being here is to is to really kind of make sure that we understand what the potential cost. To the American rescue payment the limitations of the money might be so if. If we're talking. Tens of thousands of employees across the state and weekly required testing in the the measure that as it's presented extend that period of time out for a period of ninety five weeks out to July twenty twenty three so the testing cost to the state could be in the hundreds of millions of dollars and I just want from a standpoint of if an average test cost a hundred dollars at seventy five thousand employees. over a period of that extended period of time we're looking at seven hundred plus million dollars from a standpoint of cost and I just from a from our perspective the DFA we just wanna make sure that you are aware of that and she recognized that as we move forward the restrictions thank you we have votes Senator set up Sullivan. If were to come up with a hundred dollars because my understanding is there are test over the counter testing of the tests across far less than that. Hey nine Senator Solomon I've seen that as well and I mean if you're going to Walgreens and you get it up and over the counter tests twenty three twenty five dollars however I think for the purpose of testing. Most are going to require a PCR test and those types of tests average anywhere from my understanding and I'm not that that's already on testing costs I look for average cost and knows or anywhere from a hundred two hundred fifty dollars okay so we used a hundred dollars an hour calculations the other concern we would have would be that if this gives opportunity for employee or selfinsured based plans to opt out that does cost would be transferred to the state if there is another operator ninety and so again you're not testifying against the bill you're just providing information no Sir I'm testifying against the bill from the standpoint that we feel like that the cost would be significant and and that the American rescue plan resources may not be adequate to okay all right so thank you thank you madam chair. all right Senator Hammer thank you measure that out thanks for being here and being in a position that you're in The I thank and maybe other members because it's a little bit awkward I'm present the bill but I'm asking questions but I've I want to. Memory of the legislators that were in the room this morning it seems like the number three thousand was thrown out by some it represents businesses I Mark remembering them I remember that. I'm just wondering you said hundreds of thousands how did you substantiate that hundreds of thousands would I know what it was how do how do you substantiate that hundreds of thousands would possibly be available for this when illustrations were used this morning that showed that a very small minority of employee employers have employees that are not vaccinated so I'm just trying to come how did you get hundreds of thousands I think the concern that was expressed to us was that there was proximately and one point three million one point three nine million people who are employed across the state of Arkansas how many or vaccinated today D. my understanding is it's somewhere in the sixty percent range that have at least one shot and I'm not sure what that number is of individuals who are fully vaccinated and did DFA take in consideration in the calculations that you presented today that this bill allows for the option of being able to use that money but does not necessarily mandate that that money would have to be used number one number two that if a current employee who's not vaccinated but has received or has had COVID nineteen could produce that as means to not be terminated because they would not received the vaccine as mandated mandated and that the employee would pick up the cost of the test when you're in your calculations did you include those three key points in determining the numbers that are scary numbers that have been thrown out today no Sir I did not okay so. But I would just say then I would call into question respectfully because I do respect you and DFA I really do but I would call into question so on those kind of numbers out in the public when the testimony is that for the options that are allowed in this bill we're not taken in consideration in the formula that you presented and and I'd just like to note that for the record. Thank you measure all right Senator Solomon compared to follow up on that yet is to follow up on what the senator says could we have the the data upon which those calculations were made because given the number of people that are employed in the state the number of unemployment and employment numbers anticipated businesses that will not require this it seems like there are number of data points that one half to consider even considering what that risk as I understand it to figure with a mask maximum risk is I just like to see the calculations that how you achieve that number so that when we present on the floor we'll be able to present accurate numbers on that so I appreciate that is to make a payment you mind sending a copy to Mr price and then he would distributed to the members of the help committee I'll certainly do that thank you so much all right any other questions for Mr McVeigh. I so appreciate you being here thank you very much for your testimony all right we're going to those of four if you would like to come down and state your name for the record please. And if we can be here another couple hours maybe more than that but if everyone would try to be syncing and not. Say the same thing so tell us your name and and for the record please where you're from. I thank you again Dr William hi Smith from shared in a couple of points or make an in general one to answer your question Sir I have a small family practice we have nine employees. So we have no mass purchasing power a rapid COVID test call says our cost is seven dollars. Per test the PCR test from a reference lab that we use is fifty dollars. For the PCR test so they are considerably less expensive than was just quoted. That's one one point that I would like to make with regard to any of the recent testimony from the gentleman from the department of finance administration. what I would like to say with regard to the bill which I do I am for the bill I think there are certain again I know I understand that there's compromises that have to be made in getting anything done anything through in a process like this is. Remembering that you know it each one of your heroes I have taken an oath to uphold the constitution I took an oath to defend the constitution many years ago then I took another dose of the Hippocratic oath in which we do no harm is one of the the tenants of that. With regard to that anything we were mandating the sex scenes isn't. A large potential to do harm as I believe doctor Smith earlier mention there so much that we do not know with regard to how much how these vaccines are going to affect our children their children the potential to have children you know I have personally seen patients that have gotten the vaccines and died from the vaccines I've seen patients that were fully vaccinated they got COVID in bad I've seen. All of it from day one. If we allow this process to go forward for the corporations you know like the gentleman from the chamber of commerce that it brought a about. The money the donations the votes that's what really he seem to be talking to you know from my perspective about was bringing. That forward that you know. Pressuring you to sort of move in their direction because they've got the money in the vote. Having these vaccine mandates to put blood on their hands from the people that were on the that's going to end up being losing their jobs which is an increase suicide or aids exit and you know losing everything they have if they lose their jobs. If we don't do anything about it and allow that to happen that blood is going to be on our hands as well and we can't and that's an unacceptable situation. No there's no amount of money that is going to buy our way out of jail if we allow things like this to continuing and we keep going down the road that we're going all right thank you so much for your testimony any questions from the committee. All right saying and thank you so much for being here thank you all right I'm going to go down this list but ladies and gentlemen of please. Keep it saying and maybe some of you have heard all of this would not want to testify we have no one else to speak against and I will call on these things that I'm going to start with the one that I don't remember having spoken on anything yes Sir. Your arms you sent your. It's not my decision to do that if the sponsor of the senator. Of his bill this is does not want to maybe he has changed his mind or maybe wants to do something else I don't know. Let me go down the list first of all right. All right I'm going to start with the Mrs Jones I don't remember that okay I don't think she has spoken today. All right you are recognized at please state your name and where you're from for the record hi Tina Jones. And skis me just a minute everyone listened intently especially those that want to speak for and make sure that you're not repeating what Mr Jones is saying thank you like I'm bringing a little bit different perspective than anyone's brought today but it's mostly an encouragement. Before I get started I would like to bring that the Republican Party of Arkansas platform twenty our principles and the very first one on there is the power of faith in god almighty okay. And I'm an RN of twenty two years mostly I see you I'm not an anti vaxxers I am I'm only anti Code Baxter okay. And and I came to this conclusion after I did a lot of time of intense research staying up at night I have more time than I think most people do to come to my conclusion and and that's how I made my informed decision. I also like to mention that my Daddy was however it is my late Daddy is a retired retired sergeant major from the army active duty and I love our country. What I'm about to print present to you is. My voice is cracking because I'm nervous I'm sorry is a collaboration and find health care workers and pastors healthcare workers include doctors nurses and other Christians. They've poured into this letter it's been months and months and months of work and I'll make sure that each of you get this in your emails because there's also references greater than twenty pages that you can refer to okay. And all the people that are represented in this voice and summer vaccinated and summer not okay. And this letter started out and it's titled and don't get distracted by this encouragement and biblical perspective to Christian healthcare workers for unification in medical freedom of choice but it has evolved into encouragement and guidance for and from many Christians as caught fire and it's the reason I'm sending it to you to you today and as individual Christians and the Republican Party. And even those outside the Republican Party that are Christians and do you understand how this could pertain to you today as lawmakers and and and to these bills today before I move on is that okay. Okay I move on okay all right we are Christians first and then Americans our country was founded by a perfect embedded in evangelical Christians as easily evidence in the declaration of independence but also in the sense that they carried with them I founding fathers search the scriptures from the biblical principles they believe god wanted in places a former constitution our country was set up under the authority of the guide knowing biblical principles are what produce freedom of society ultimately our constitution was written without mentioning the word guide because the founding fathers knew the governor of all history and the affairs of all men began all creation with freedom of choice the creator of the universe even allows a choice to choose him as lord over each of our lives it would be hypocritical to begin the nation with force religion when that is exactly what the estate it became we the people. Without a long time in our land that god in the USA Review hand in hand as an expectation in the norm there's a lot to do with the security and freedom in the worldly and the medical definitions we cannot deny that this has become harder to visualize at times but we must remember that the only constants are one change and to provide god is omnipresent omnipotent and on the science and we are both challenged and compress and also knowing that if one question is in the land he is in the land also as evidence from the book of genesis to the book of revelation it is not in god's character to want to turn his back on any creation wages authority come from a Roman thirteen it is clear the authority of government was put into place by god this includes using government authority now and we are to abide by their authority as long as they're law and demands do not go against the creator in his commands with Jesus himself what the earth he said give to Caesar what is Caesar's taxes and to the lord what is the lord your heart soul mind and strength and love for your neighbor. This may come and made clear the government was a separate kingdom from the kingdom of god March twelfth seventeen this living right applies today at this point in the in the story and history it is a known to our kingdom that it sees our **** to send we are not to be out this was already established and demonstrated in the Old Testament by many stories but especially Meshach Shadrach and about to go. And they could not bow to the king and his false idols send as many rounded to escape the king certain death Daniel three. Faith in the lord before faith in our knowledge and practice and that's to specifically medical. We are aware that lack of humility half truths and deceit or sins and not operating in the truth as defined by word and the Holy Spirit of truth the events of the pandemic but especially leading up to the vaccine had been paid to have troops and deceitful language word salads lies by omission is understandable human error but with lack of humility and transparency is because eating easily be argue from both sides of the vaccine I'll okay but that would defeat the purpose of unification perhaps our country has put too much responsibility our faith in the advice of one man few advisers sources and media social media fact checkers non medical public leaders and science contributed to the dissension and polarized information discernment has become a necessity for us. Trust in the lord with all your heart and lean not on your own understanding in all your ways submit to him and he will make your paths straight. Healthcare workers as imperfect people can become blinded and easily lose sensitivity to the Holy Spirit pleaded lead by faith in the science and medicine before faith in the lord and in his word and his promises most likely we all agree the lord has always had a place in medicine but it is imperative to recognize him as a great physician first before acting with an IT science and faith are not at war science when done in honesty only proves there is a creator and that creator matches the holy Bible three covid we were all very clear that science in the practice of medicine has never been an exact science ever. We know what works for one patient might not the necks and in the same way or at all the demand in full belief of the universal sure treatment vaccine for that or even medicine led by a perfect science or fear would be unwise for individual Christians to act out in force upon their neighbor brothers and sisters we have seen some people presently need telling to be three to and with medicine and some only need prayer isn't that final conversation between the lord and the individual and live we are to meet every person believer or unbeliever where they stand in the rock and encourage them and the lord. The next part is specifically for injected with the vaccine for us to consider as people and medicine cannot agree on what is truth by research and evidence that forces an act anyway while there is dissension is it truly operating the truth isn't the practice of medicine or believe in it in any form an act of faith what is the truth and faith ultimately come from for us as Christians we as Christians no we work to please the lord not man and Health comes from the maker of heaven and earth his ways are not our ways and his understanding is not our understanding can we be United on the basis that we all have different functions as one body in Christ not one more important than the next are we not call to individually seek his guidance as each of our purpose and walks in faith might appear differently to spread the good news and its core for cation isn't it possible that the lord's plan and protection for everyone is unique to them. We all can help the vaccine was created to help human time and as a code nineteen disease is harmful to some entities does not come from the lord it should be noted the vaccine is also proven harmful to some to both the disease and the vaccine remain with this with statistically reported low risks a death rate so long term injuries from either cannot be fully known yet if we consider there is a possibility the vaccine did not come from god the fleshly desires do we still believe that he is sovereign over all things and can turn anything meant for evil to good. I promise from god states no weapon that is formed against us the church as a whole shall prosper that's an idea however some of the US's injectors are called to another consideration unprecedented question we've never had this before and healthcare upon performing medicine in the form of a mandated vaccine if the vaccinate announce to you that they did not want this procedure but presented to you under coercion of another man should you proceed can the Christian and checked or turn a blind eye and proceed to touch the coerce by man backs knees body or believer simple in an unwanted manner saying this procedure will be okay to perform a man in your neighbor because I'm covered by federal state to state law has it been considered the vaccinia was initially being led by the spirit of the lord to not vaccinate and are encouragement needed in that moment to follow the lord supersedes any government fear or belief in medicine for Christian healthcare workers it has been easy to let a patient refusal treatment or intervention no matter how much we believe said intervention would help the patient not only would we support their final decision but we would advocate for it and hospitals we were certainly release from liability of any outcome by the patient bill of rights and responsibilities however the push to advocate for that patient would stem from a human god given natural knowledge of choice hopefully paired with the word that quote we are called to freedom to serve one another in love that's from the lesions after educating try best abilities we trusted each person with their own choice and consequences and ultimately trusted in the lord control and will to be done with any amount of collective humility we would admit patients we would admit patients have proven to be correct over knowledge before I'm closing okay hang in there turning a blind eye and medicine this includes food and cosmetics we cannot talk about our freedom of choice and not mention the excipients of the American vaccines H. E. K. two ninety three a P. C. R. C. six the word except that is used for other ingredients and development production or testing of the vaccine educatee ninety three PCI. Six came from fetuses that reluctantly terminated many of us do not realize the history of vaccines or even the recent medical and scientific research using aborted babies up to full term to further our field baby eighty came the girl was born upon elective termination of pregnancy in nineteen seventy three to two met to much. We love the subject matter and okay let the two brought it and may I say my conclusion how long will your conclusion did not. You know if it's long I can't see from here but it is on them on have to bring Hamburg thank you and I respect that can't consent healthcare workers of always been called to be different Christians and generally being called to be different as we grow in wisdom and the longer we are in this fallen world which the less belonging the realization comes that we are a temporary assignment as we were created with attorney be in our hearts there is chance there is a chance the Christian health care communities being set aside insisted for such a time as this but this is the point okay freedom of choice did not originate in America but with creation and this is our United front we are holy nation United no matter where you stand vaccination status political party race culture. Thank you so much any questions from the committee seeing none thank you very much for being here. All right we have a motion for me immediate consideration that's non debatable we have the second the committee members all in favor say aye. All those opposed all right committee members in the audience considered consider this is the end of this bill it's non debatable and now we're going to vote I guess we would just give up when you senator Hammer you if you want to close you can but I thank you thirty seconds ma'am thirty second I want to I want to acknowledge and say thank you to make a more department health with alum they from DFA and from Jody and trip with the hospital association and I just thank you for them being here and and just voicing the concerns that we all know that we vote on this will be a deal with but I think it's worth the risk to go forward and appreciate a good vote. All right of you've heard from the sponsor we have a motion. As amended all right I'll and second all those in favor say aye. All those opposed congratulations you have pastor bill. All right we got we got is Senator Clark in the end the only serious all right is my understanding senator Clark that you are going to pass the other bills that you have and go to it's B. seven forty is that correct that is correct. All right ladies and gentleman of the committee go to the last building your stack and it's it's be seven forty. And you are recognized to explain your bill thank you madam chair of this I will be I believe very quick of by pass the other two bills they were inadvertently fall they're all the same bill of more seven or seven forty being the final version with emergency clause in it. The. Seven forty I thought you should hear and should be presented because I heard a lot and you've heard a lot I would assume about the Montana law and so I went to bill or and said take the Montana law and let's put it in a bill. What turns out that. What we passed in session had most of the Montana law already so I took the bill took the law that they took the law that we already have and we amended it it we took public employers. Of. Of which was all we already created an on page the first difference is on page two. Of. Line. Eleven but we'll start with one ten the state the state agency or entity of political subdivision of the state or state or local official now what we've already done back in the winter. Is we already said that. Government could not mandate of Exane. What we had here these words from the Montana law is a problem for your or a public accommodation should. We decide those words because the rest was already here shall not mandate or require individuals to receive a vaccine or immunization for crown of R. as two thousand nineteen COVID nineteen that we've updated a little bit. And then we've added because language from back in the spring is a little bit antiquated by now if the vaccine or immune because said it hadn't received FDA approval which for some has. If the vaccine or immunization has been tested for less than five years or on the market for less than three years. Okay. Of so I walk that language that we come over to page three will come to the next. Of part of the thing that's amendment amended. And I will start up a line twelve well I'll just go down to fifteen. Excluding limiting separating refusing to serve or otherwise discriminate guess discriminated against a person based on his or her vaccination status that's from the Montana law one nineteen a private employer or a public accommodation. recommends an individual in this state receive a vaccine or immunization subject of. That's not prohibited but just that keeps adding private employer public accommodation where government was already included and then line twenty five recommending vaccination or immunization for crying of ours two thousand. Nineteen co in nineteen is not unlawful discrimination under this section to help kill pulls facility does not lawfully discriminate we need to know. The public needs to know when you need to know. I'm not advocating this it's in my bill but again because so many people as for the Montana law this is the Montana law this excludes healthcare. Which we have not previously done. But if we pass this bill we will but that's the Montana law. So we need to as those have advocated for that if we do that that's what we will do. And it goes on but as we go down to Page four line eight I healthcare facility is exempt. Of the you can read the rest of the. and then there's emergency clause I'll be happy to take any questions all right committee do you have any questions for senator Clark. All right seeing none. The. We will go to. Those in the audience that would like to speak for the bill and there was a man over in the corner it didn't get to speak on the last bill I don't know who was standing over there but if he's still in the. He has left I'm sorry all right We have. Craig Matthews all right if you would like to speak for this bill. Possible. Thank you madam chair and members for your kind attention I will try to keep this short as possible but there is some relevant information I feel that you may be able to use going forward to be aware of. So just on the issue of mandating vaccines and the passports which are effectively the same thing in this regard I just like to read you some documents from the CDC and the national institutes of health these may also be relevant to the gentleman from the department of health and DFA so number one from pub med informed consent disclosure to vaccine trial subjects of risk of COVID nineteen vaccines worsening clinical disease quote results of the study COVID nineteen vaccines designed to elicit neutralizing antibodies may sensitize vaccine recipients to more severe disease than if they were not vaccinated second article from the national institutes of health vaccine induced enhancement of viral infections quote examples of vaccine induced enhancement of susceptibility to virus infection have been documented for infections by members of different virus families certain experimental antiviral vaccines even proved to be counterproductive they rendered vaccinated subjects more susceptible to infection rather than protecting them consequently vaccine induced enhancement has been a major stumbling block in the development of certain flabby corona. Paramedics so I believe and lentivirus vaccines I'll try to get these quickly promised America official journal the American academy of pediatrics COVID nineteen vaccination it vaccination associated myocarditis in adolescence results sixty three patients with a mean age of fifteen point six years were included ninety two percent or mail all had received an MRI baxeen and expand on a big scene except for one presented of myocarditis following the second does distribute that very quickly all had received and except for one out of sixty three presented myocarditis following the second does this is from the American academy of pediatrics. And I will go through these others because I think I've made the point I want respect the members time I know that most of the work will be done on the floor after we get through this committee which has been very amiable to the concerns of people but just one more for your view this is from Cornell University published under the alliance for science consortium the title is yes some COVID vaccines use genetic engineering get over it this is from Cornell University published under the alliance for science and it says though some of them do genetic engineering and all of them use genetics more broadly they make a bit of a joke here for a minute M. ornate won't reprogram your brain obviously joke but it does reprogram some of your cells in a manner of speaking and that's not a defect it's intentional and they consulted with the manufacturers on this and that's all I have to say thank you for your kind attention members I appreciate it all right any questions for. If any questions and questions from the committee all right seeing none thank you so much I appreciate you being here thank you thank you all right Uh we're going to have Mr Allen Beck Bentley from the FNA he is against. Alegre from the Department fights administration thank you. Just from a standpoint that are concerned from DFA would be that if any of the costs associated with this piece of legislation with respect Senator Clark if those costs were to be passed through or to be expected from the American rescue plan that it's our consultants review that none of the costs associated with the eligible items under the American rescue plan for potential future funding. All right any questions from the committee. All right to. Of senator Warren Wallace. he was waiting for. Hello because. All right to senator Hammer you're recognized thank you measure and objectives to either one of you because the fire sewage that Senator Clark may put it to you this is modeled after the Montana law is that correct. yes directed bill or they they took the Montana law okay and of. Okay and once I got it they found that are low big set for probably four was almost exactly Montana law okay and so has there been any challenge in Montana as to the source of the funding that might have had to been accessed in order to facilitate the passage of their law I will have to the. Let me correct myself we added the fund at the Montana law did not have the funding we added the funding to it Senator Hammer thank you thank you for bringing that out because I did not mean to speak correctly thank you some of Montello plus funding plus plus funding thank you all right do you have any other comments all right of any of thank you so much Mister McVeigh appreciate your being here all right to any other questions from the committee. All right The motion to remain separation pay we have a motion and for me meetic immediate consideration. Second this is a. Non debatable motion. What is the pleasure. Do you want to close I don't think I'm not sure just a minute let me see of. At the close. I'm sorry but we are not going to give you a chance to close we're going right to the vote so ladies and gentleman you've heard the testimony you've heard of foreign against what is the pleasure of the Committee. What is the pleasure of the Committee. I'm sorry senator your bill has failed for lack of a motion thank you madam chair thank you members of the committee all right is any other business to come before the committee today. Up before us and bring down the gavel again I want to thank the audience for being very very gracious and very polite it was a pleasure to have all of you and thank you for your testimonies and with that we are adjourned.