Stricken language would be deleted from and underlined language would be added to present law.
Act 4 of the First Extraordinary Session
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State of Arkansas Call Item 3 1
94th General Assembly A Bill 2
First Extraordinary Session, 2023 SENATE BILL 3 3
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By: Senators J. Bryant, Irvin, B. Davis, Hester, J. Dotson, Dees, C. Penzo, A. Clark, Crowell, J. English, 5
Flippo, Gilmore, K. Hammer, Hill, B. Johnson, M. McKee, Stone, D. Sullivan 6
By: Representatives Beaty Jr., Achor, Andrews, Barker, Beck, Bentley, Breaux, Brooks, K. Brown, 7
Burkes, Joey Carr, John Carr, Cavenaugh, C. Cooper, Cozart, Crawford, Duke, Evans, Fortner, Furman, 8
Gazaway, Haak, Hawk, D. Hodges, Holcomb, Hollowell, Long, Lundstrum, Lynch, Maddox, McAlindon, 9
McClure, McGrew, B. McKenzie, McNair, S. Meeks, Milligan, Painter, Puryear, Ray, Richmond, Rose, 10
Rye, Schulz, M. Shepherd, Underwood, Unger, Vaught, Wardlaw, Warren, Watson, Wing 11
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For An Act To Be Entitled 13
AN ACT TO PROHIBIT T HE GOVERNMENT FROM M ANDATING A 14
VACCINATION OR IMMUN IZATION FOR CORONAVI RUS 2019 15
(COVID-19) OR ANY SUBVARIAN TS OF CORONAVIRUS 20 19 16
(COVID-19), OR BOTH; TO ENS URE THAT THE DEPARTM ENT OF 17
HEALTH MAINTAINS INF ORMATION ABOUT POTEN TIAL RISKS 18
AND HARMS OF THE VAC CINATION OR IMMUNIZA TION FOR 19
CORONAVIRUS 2019 (CO VID-19) AND ANY SUBVARIA NTS OF 20
CORONAVIRUS 2019 (CO VID-19); TO REQUIRE AGEN CIES THAT 21
ARE REQUIRED TO MAND ATE VACCINATION OR I MMUNIZATION 22
FOR CORONAVIRUS 2019 (COVID-19) OR ANY SUBVARIANTS OF 23
CORONAVIRUS 2019 (CO VID-19), OR BOTH, TO REC EIVE 24
NECESSARY FEDERAL FU NDING TO OBTAIN APPR OVAL FROM THE 25
LEGISLATIVE COUNCIL; TO DECLARE AN EMERGE NCY; AND FOR 26
OTHER PURPOSES. 27
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Subtitle 30
TO PROHIBIT THE GOVERNMENT FROM MANDATING 31
A VACCINATION OR IMMUNIZATION FOR 32
CORONAVIRUS 2019 (COVID -19) OR ANY 33
SUBVARIANTS OF CORONAVIRUS 2019 (COVID -34
19), OR BOTH; AND TO DECLARE AN 35
EMERGENCY. 36 SB3
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 3
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SECTION 1. Arkansas Code Title 20, Chapter 7, Subchapter 1, is amended 5
to add an additional section to read as follows: 6
20-7-146. Prohibition on requirement for vaccine or immunization for 7
coronavirus 2019 (COVID -19) or any subvariants of coronavirus 2019 (COVID -19) 8
— Definition. 9
(a) As used in this section, “coerce” means: 10
(1) Using physical violence, threats, intimidation, or 11
retaliation with the purpose of causing a reasonable individual of ordinary 12
susceptibilities to acquiesce when the individual otherwise would not; 13
(2) Making conditional a private or public benefit, including 14
without limitation employment, promotion, or another employment benefit, with 15
the purpose of causing a reasonable individual of ordinary susceptibilities 16
to acquiesce when the individual otherwise would not; or 17
(3) Using any other means with the purpose of causing a 18
reasonable individual of ordinary susceptibilities to acquiesce when the 19
individual otherwise would not. 20
(b) The state, a state agency or entity, a political subdivision of 21
the state, or a state or local official shall not mandate or require an 22
individual to receive a vaccine or immunization for coronavirus 2019 (COVID -23
19) or any subvariants of coronavirus 2019 (COVID -19), or both. 24
(c) Receiving a vaccine or immunization for coronavirus 2019 (CO VID-25
19) or any subvariants of coronavirus 2019 (COVID -19), or both, shall not be 26
a condition of education, employment, entry, or services from the state or a 27
state agency or entity or for obtaining a licensure, certificate, or permit 28
from a state agency or entity. 29
(d) The Department of Health shall maintain information and data on 30
any potential risks and harms associated with the administration of the 31
vaccine or immunization for coronavirus 2019 (COVID -19) and any subvariants 32
of coronavirus 2019 (COVID -19), and shall make the information and data 33
publicly available. 34
(e) The state, a state agency or entity, a political subdivision of 35
the state, or a state or local official shall not discriminate against or 36 SB3
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coerce in any way an individual for refusing to r eceive a vaccine or 1
immunization for coronavirus 2019 (COVID -19) or any subvariants of 2
coronavirus 2019 (COVID -19), or both, including without limitation: 3
(1) Coercing an employee into consenting to receive a vaccine or 4
immunization for coronavirus 2019 (COVID-19) or any subvariants of 5
coronavirus 2019 (COVID -19), or both; 6
(2) Withholding the opportunity for career advancement from an 7
employee who does not consent to receiving a vaccine or immunization for 8
coronavirus 2019 (COVID -19) or any subvariant s of coronavirus 2019 (COVID -9
19), or both; or 10
(3) Withholding a salary, a wage increase, insurance, or 11
insurance discounts from an employee who does not consent to receiving a 12
vaccine or immunization for coronavirus 2019 (COVID -19) or any subvariants of 13
coronavirus 2019 (COVID -19), or both. 14
(f) If the state, a state agency or entity, a political subdivision of 15
the state, or a state or local official determines that necessary federal 16
funding is dependent upon an individual in this state receiving a vacc ine or 17
immunization for coronavirus 2019 (COVID -19) or any subvariants of 18
coronavirus 2019 (COVID -19), or both, the state, state agency or entity, 19
political subdivision of the state, or state or local official shall receive 20
approval from the Legislative Co uncil to mandate or require the individual to 21
receive a vaccine or immunization for coronavirus 2019 (COVID -19) or any 22
subvariants of coronavirus 2019 (COVID -19), or both, before mandating or 23
requiring an individual to receive a vaccine or immunization for coronavirus 24
2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID -19), or both. 25
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SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 27
General Assembly of the State of Arkansas that in April 2023, the United 28
States Food and Drug Admini stration found almost all the United States 29
population who are five (5) years of age and older now have antibodies 30
against coronavirus 2019 (COVID -19); that the prohibitions concerning 31
government mandates or requirements for an individual to receive a vacc ine or 32
immunization for coronavirus 2019 (COVID -19) under Arkansas Code § 20 -7-143 33
have expired and citizens of this state have expressed increased concern 34
regarding the expiration of this state law; that citizens of this state have 35
still expressed concern s about being forced to receive a vaccination or 36 SB3
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immunization for coronavirus 2019 (COVID -19) or any subvariants of 1
coronavirus 2019 (COVID -19) without consideration of their religious, 2
philosophical, or medical reasons or information about the potential r isks 3
and harms of a vaccine or immunization for coronavirus 2019 (COVID -19) or any 4
subvariants of coronavirus 2019 (COVID -19); and that this act is immediately 5
necessary to protect the safety and health of the citizens of this state who 6
have religious, philosophical, or medical reasons or who have concerns about 7
the safety of the vaccine or immunization for coronavirus 2019 (COVID -19) or 8
any subvariants of coronavirus 2019 (COVID -19) and to provide clarity as to 9
the state law regarding the prohibitions on r equirements for an individual to 10
receive a vaccine or immunization for coronavirus 2019 (COVID -19) or any 11
subvariants of coronavirus 2019 (COVID -19). Therefore, an emergency is 12
declared to exist, and this act being immediately necessary for the 13
preservation of the public peace, health, and safety shall become effective 14
on: 15
(1) The date of its approval by the Governor; 16
(2) If the bill is neither approved nor vetoed by the Governor, 17
the expiration of the period of time during which the Governor may ve to the 18
bill; or 19
(3) If the bill is vetoed by the Governor and the veto is 20
overridden, the date the last house overrides the veto. 21
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APPROVED: 9/14/23 24
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