South Carolina House Backpedals on Banning Companies From Firing Unvaxxed Employees

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On Thursday, the South Carolina House of Representatives passed a bill banning some COVID-19 vaccine mandates but removed the proposal that would ban private companies from being allowed to fire employees who refuse to get the vaccine.

Members of the South Carolina House debated for over five hours on the matter but ultimately Republican leadership removed the ban for private businesses. Instead, they added businesses would pay unemployment benefits to employees if they were fired for refusing to be vaccinated.

"It's a question of if anybody should be able to make you inject something into your body without your own will," Republican Steward Jones said during the debate.

The bill bans state and local governments from implementing a COVID-19 vaccine mandate on employees, contractors and students attending public schools.

Religious and medical exemptions must be upheld including a woman being pregnant, a previous positive COVID-19 test or the presence of the antibodies, according to the bill.

After the proposal was removed, the bill passed in a 67-31 vote. It needs a third reading Friday before being sent to the Senate. However, senators have already gone home and probably won't pick up the issue until the 2022 session.

South Carolina House, Vaccine Mandate, Coronavirus
South Carolina House Majority Leader Gary Simrill and Representative Gilda Cobb-Hunter talk before a House Ways and Means Committee meeting on December 9, 2021, in Columbia, South Carolina, to consider a bill banning businesses to... Jeffrey Collins/AP Photo

Democrats put up more than a dozen amendments during the day that were all rejected. They included proposals to force state employees who aren't vaccinated to pay more in health insurance premiums, require hospitals to prioritize care for the vaccinated, make it a misdemeanor to possess a fake vaccine ID card and require unvaccinated people to pay all their medical costs out of pocket.

"If you choose to be stupid, pay the stupid price," said Rep. Cezar McKnight, a Democrat from Kingstree.

Before the switch, the South Carolina Chamber of Commerce and 27 other business associations from local chambers to trade associations of retailers, truckers, manufacturers and others said they were against the bill, calling it an unprecedented step against free enterprise.

"South Carolina has a long-held tradition of being a pro-business state that allows businesses to operate with minimal government intervention," the groups said in their statement. "Employment decisions have been left to individual businesses in our state, subject to what each business believes is right for their operations."

The suddenly watered-down bill was a dizzying, but maybe not a surprising end to a whirlwind 48 hours where the proposal went from a subcommittee to the House floor.

Republicans typically allow businesses in the state to have free rein and numerous groups, including the South Carolina Chamber of Commerce, asked lawmakers to oppose the bill. Democrats spent hours championing businesses and the right of employers to determine requirements for their workers only to watch the debate change in an instant.

Democrats suggested Republicans were trying to provide cover for their most conservative members in party primaries by putting on a debate.

The amendment that altered the bill came when there was only six minutes of debate available on the proposal.

"Nobody knows what it is — that's not a good way to govern," said Rep. Russell Ott, a Democrat from St. Matthews.

Only two states — Montana and Tennessee — have passed similar bans for private businesses. Fewer than a dozen states have in place similar laws to what the South Carolina House ended up passing Thursday.

Upon being sent to the Senate, the bill likely can't go anywhere until the General Assembly returns for its regular 2022 session on Jan. 11. Senators at the end of their redistricting special session Tuesday were wishing colleagues and staff Merry Christmas and a Happy New Year and saying they would see them in January.

The Associated Press contributed to this report.

South Carolina, Mask Mandate, Businesses
South Carolina Rep. Stewart Jones, right, R-Laurens, waits to answer a question from House Minority Leader Todd Rutherford, left, D-Columbia, during a debate on a bill that would ban employers from requiring COVID-19 vaccines for... Jeffrey Collins/AP Photo

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