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Committee passes vaccine‑passport prohibition as Department of Health raises definition and local‑control concerns

PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE · April 14, 2021
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Summary

SB 615, amended to remove employment from its prohibition, passed the committee. The Department of Health testified against the bill citing vague terms such as "services," concerns about local control and potential impacts on health‑care employer decisions.

The Public Health, Welfare and Labor Committee passed SB 615 after adopting an amendment that narrowed the bill’s scope by removing employment from the prohibition and clarifying some language.

Sen. Garner, sponsor of the bill, said he opposes government or private mandates that require Arkansans to "show a piece of paper" to access daily services. "The idea for you to live your day to day life to show a piece of paper to show that you've been vaccinated is frankly un‑American," Garner told the committee.

Department of Health general counsel Laura Shue and Matt Gilmore testified that while they are not supportive of vaccine passports, the bill contains undefined terms—particularly "services"—that could unintentionally limit local public health and business actions and remove options for employers and local officials to manage public‑health risk. Shue asked whether the prohibition would bar incentives or rewards, whether private educators or health‑care entities would be affected, and noted the governor and businesses have emphasized local decision‑making.

Sen. Garner acknowledged the Department had concerns but said amendments made the bill better and the sponsor reiterated the goal of preempting mandatory vaccine‑passport regimes. After closing remarks and a committee voice vote, the bill passed as amended.

The committee record reflects a balance between sponsor concerns about civil liberties and DoH worries about undefined language and the bill’s possible interference with private‑sector decisions in health care and education. The bill now advances from committee with the language adopted in the amendment.