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Minutes for SB213 - Committee on Commerce

Short Title

Prohibiting an employer from taking any adverse employment against against an employee because of the employee's vaccination status.

Minutes Content for Thu, Feb 25, 2021

Chairman Olson opened the hearing on SB213 and called up Charles Reimer for a Revisor of Statutes overview on the bill.

Proponents

Chairman Olson called upon William Mize for primary proponent testimony on the bill. Mr. William Mize referenced that his testimony included 102 testimonies expressing support for the bill (including written testimony for Connie Newcome, JoAnn Farb, Michelle Sutter, and Andrea Mukhija). Mr. Mize asserted that the bill would protect the basic right of an individual to choose without fear of losing employment, while not preventing others from taking action they believe is in their best interests.

(Attachment 2)

Chairman Olson called upon Connie Newcome for proponent testimony on the bill from the perspective of a small business owner. Ms. Newcome explained that the bill limits the liability of both the employee or employer and preserves personal liberty and personal autonomy.

Chairman Olson called upon Joann Farb for proponent testimony from the perspective of professional micro-biologist. Ms. Farb theorized that people do not and should not trust public information about the virus and vaccines due to the undue influence of the pharmacy industries over regulating government, media and professional entities. 

Chairman Olson called upon Michelle Sutter for proponent testimony on the bill. Ms. Sutter reminded the committee members of their pledge to defend the constitutional right to have a job and be free of personal medical choice from industry and governmental coercion.

Chairman Olson called upon Andrea Mukhija for proponent testimony on the the bill.  Ms. Mukhija reported that she had received many different Kansans concerned about the risk of experimental constantly changing opinions  of vaccine properties, risks and effectiveness. Ms. Mukhija pleaded with the committee to protect Kansans from vaccine coercion.

Chairman Olson called upon Vice-Chair Steffen for a medical doctor's perspective on the bill. Senator Steffen explained that objectives of the bill are to guarantee freedom of choice and limit the liability of the employer for respecting individual choice. He emphasized the experimental and incomplete vaccine trial process. He compared the very infinitesimal risk of suffering personal injury from the virus against the significant chance of serious and potentially fatal side effects from one of the vaccine  injections. Mr. Steffen pointed out that a doctor's guarantee to protect an individual patient is different than concerns regarding social protection. He reminded the committee that the U.S. Supreme Court has ruled that a vaccine treatment is an unavoidable danger to certain people.

(Attachment 3)

Committee questions and comments ensued.

Written-Only Proponent Testimony

Dawn Richardson

(Attachment 4)

Anonymous Medical Professional

(Attachment 5)

Theresa, BSN, RN

(Attachment 6)

Opponents

Chairman Olson called upon Eric Stafford for primary opponent testimony on the bill. Mr. Stafford opined that the decision of whether to vaccinate is best left to the discussion between the employee and employer. Mr. Stafford indicated that some chamber member employees provide incentives to encourage a specific behavior and have not considered this a driving issue.

(Attachment 7)

Chairman Olson called upon Alan Gerling for opponent testimony. Mr. Gerling a parent of a fragile child, appreciated the freedom of conscience, but stated that he thought the bill's individual protections were overly broad.

(Attachment 8)

Chairman Olson called upon Andy Marso for opponent testimony on the bill. Mr. Marso, a bacterial meningitis survivor, stated that he almost died from a disease and infection that could have easily been avoided.

(Attachment 9)

Chairman Olson called upon Dr. Gretchen Horman for opponent testimony on the bill. Dr. Horman stated that because of her familiarity with vaccines, she opposed the bill in order to protect children.

(Attachment 10)

Chairman Olson called upon Dan Leong for opponent testimony on the bill. This was Written Only testimony.

(Attachment 11)

Chairman Olson called upon Susan Wood for opponent testimony on the bill.  Ms. Wood deferred her testimony time to Representative Eplee.

(Attachment 12)

Chairman Olson called upon Representative Eplee for opponent testimony. Mr. Eplee asked the committee why the government would preempt business and healthcare communities. Mr. Eplee asserted that the law has been tested for business and private sector entities to require testing of employees and contractors. He also discussed the liability for businesses to fail to take appropriate measures to protect employees, customers and patients.

(Attachment 13)

Chairman Olson called upon Sarah Irsik-Good for opponent testimony on the bill who explained that many employers have mandated vaccines for a long time and have documented the reductions in the loss of life as a result.

(Attachment 14)

Written-Only Opponent Testimony:

Dennis Kriesel, Kansas Association of Local Health Departments

(Attachment 15)

Dr. Lee Norman, Secretary of Kansas Department of Health and Environment (KDHE)

(Attachment 16)

Kevin Walker, Overland Park Chamber of Commerce

(Attachment 17)

Brandon Skidmore, Kansas Public Health Association

(Attachment 18)

Ross Silverman, Indiana University

(Attachment 19)

Heather Braum, Kansas Action for Children

(Attachment 20)

Ronda Hutchinson, Kansas School Nurses Organization

(Attachment 21)

Shelby Ostrom, Mid America Immunization Coalition

(Attachment 22)

Rachel Monger, LeadingAge Kansas

(Attachment 23)

Cindy Olsen Burgess, Registered Nurse

(Attachment 24)

Written-Only Neutral

Mark Tallman, Kansas Association of School Boards

(Attachment 25)

Chad Johanning, MD, FAAFP, Kansas Academy of Family Physicians

(Attachment 26)

Committee questions and comments ensued.

Chairman Olson closed the hearing on SB213.