Arkansas Gov. Asa Hutchinson on Wednesday effectively approved a new law that will allow employees to opt-out of COVID-19 vaccine requirements, a move by fellow Republicans to challenge federal vaccine mandates.
Hutchinson allowed the measure to become law without his signature despite concerns he’s expressed about the impact it will have on businesses in the state. The new law, however, won’t take effect until early next year.
In Arkansas, a bill becomes law after it sits on the governor's desk for five days without any action. Governors have traditionally used that approach to express opposition to legislation without prompting a veto fight with the Legislature.
The measure requires employers to allow workers to opt out of COVID-19 vaccine requirements if they’re tested weekly or can prove they have antibodies for the virus. Health officials have said antibody tests should not be used to assess immunity against the coronavirus and that people who have recovered from COVID-19 should still get vaccinated.
Hutchinson said in a news conference Wednesday that the measure was unnecessary and the debate surrounding it has been harmful to the state's goal to increase its vaccination rate.
The bill came primarily in response to President Joe Biden’s order that businesses with more than 100 employees require workers to get vaccinated or tested weekly.
Hutchinson said Wednesday that he doesn't support Biden's order, "but the solution is not to place additional mandates on employers."
Republicans in other states have also taken steps to block or undercut Biden's mandate. In neighboring Texas, Gov. Greg Abbott issued an executive order barring private companies or other entities from requiring vaccines.
Hutchinson said he won't issue such an order because it amounts to overregulation of the private sector.
Calls for special legislative sessions to counter vaccine requirements have also been heard in Wyoming, Kansas and South Dakota.
Even before Biden's order, some of Arkansas’ biggest employers, such as Bentonville-based Walmart, required some or all employees to get vaccinated. Hutchinson this year signed a law banning state and local government from requiring COVID-19 vaccinations.
Business groups have criticized the opt-out measure, saying it would itself be a mandate on businesses, forcing companies to choose between violating state or federal law. Hospital officials have said the move could also jeopardize Medicare and Medicaid funding for health care facilities.
Arkansas Business contributed to this report.
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