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Arkansas Seeks to Amend President Biden’s Mandate By ASHLEY PRICKETT CUTTINO and KATHY DUDLEY HELMS
On October 13, 2021, Arkansas Governor Asa Hutchinson allowed a new law addressing mandated COVID-19 vaccines for employees to go into effect without his signature. Senate Bill 739’s primary sponsor, Senator Kim Hammer, made it clear that the bill was a response to President Joe Biden’s COVID-19 action plan and the Biden administration’s forthcoming emergency temporary standard requiring employers with more than 100 workers to mandate vaccinations or test them for the virus weekly. Senator Hammer acknowledged in the Arkansas Senate debate that the bill might be found unconstitutional, but he thought it was important to pass the bill to let Arkansans know where they stand. Unlike the recent executive order of Texas Governor Greg Abbott, the bill does not prohibit vaccine mandates but requires additional exemptions with testing alternatives if an employer has a vaccine mandate.