The controversial bill, HB 1001, restricts businesses’ ability to require the COVID-19 vaccine for employees, if they choose to do so. It also provides for emergency services related to the pandemic. Here’s where the Indiana Chamber stands at the moment:

Chamber position: Oppose (we support the emergency services portions of the bill, but the rest is detrimental to an employer’s ability to establish a safe workplace and sets a dangerous precedent so we must oppose the bill overall).

The latest: On Thursday, the House Employment, Labor and Pensions Committee debated and voted on amendments. Amendments, including the most significant from the bill’s author, were approved and HB 1001 was voted out of committee 7-4. Representative Cindy Ziemke (R-Batesville) joined all Democrats in voting against the bill. It is now eligible for action by the full House.

Indiana Chamber action/commentary: While the new language makes very modest improvements, in some cases, it remains troubling and other objectionable provisions were added. For example: The unemployment insurance (UI) system has been targeted as how to levy penalties on employers that don’t comply.

The Indiana Chamber will continue to push for more positive modifications to the bill to make it as palatable as possible for employers. Amendment details and overall notes from the latest action:

  • Testing:  Employers can seek what likely will be a partial reimbursement (up to $50) for COVID test costs from the state (Department of Workforce Development) until June 2023.
  • Exemptions: Essentially, if an employee asks for either a medical exemption (with a note from a health care provider) or religious exemption, the employer is obligated to grant it – with no questions asked. However, an exempted employee can be required by the employer to undergo COVID-19 testing. If the employee refuses, the employee can be terminated.
  • Definition of employee: Expands to now include student interns and independent contractors. Adds provisions on the applicability to federal contractors and out-of-state workers.
  • Unemployment benefits: Guarantees unemployment benefits for those who refuse the COVID-19 vaccine and are terminated.
  • Employer penalties: As you know, companies pay a UI rate based on how many former employees claim benefits; thus this new language would essentially penalize employers for firing workers who refuse to follow their vaccine and/or testing requirements. Representative Dan Leonard (R-Huntington) said he wants to come up with another method for penalizing employers that do not comply with HB 1001 provisions. He opposes using the UI system because it will not impact employers equally. For example, those already paying the highest UI rate would not see a penalty at all.
  • Definition of natural immunity: Clarifies how someone qualifies for natural immunity exemption, which is by antibody testing.
  • State emergency: Adds provisions for temporary licensing of emergency medical personnel. Also deletes the cut-off date for SNAP benefits to allow continued receipt of federal monies (a future date down the road may be inserted); this was a Rep. Ryan Hatfield (D-Evansville) amendment that Rep. Jerry Torr (R-Carmel) spoke in favor of and ultimately passed.

Previously, a public hearing on the measure took place in the House Employment, Labor and Pensions Committee on December 16, 2021. The Indiana Chamber, on behalf of the business community, testified in strong opposition.

How significant HB 1001 could be for employers ultimately rests with the U.S. Supreme Court since federal law trumps state law. Much of what’s contained in HB 1001 would not be permissible if the Court upholds the federal mandate for vaccines/testing. But if the Court strikes it down, the content of HB 1001 – if passed – would become state law and employers would have to comply. The U.S. Supreme Court heard the challenge today with a ruling forthcoming.

Kevin Brinegar is President and CEO of the Indiana Chamber and has been with the organization for nearly 30 years.