By MARY SELL, Alabama Daily News
MONTGOMERY, Ala. – The Alabama Legislature could give final approval Thursday to legislation supporters say protect workers and residents in the state who want exemptions from federal COVID-19 vaccine requirements.
Senate Bill 9 and Senate Bill 15 are two of several bills the GOP-led legislature filed in this special session to push back against federal mandates and protect the unvaccinated. While the mandates for federal workers and contractors and large employers already allow for medical and religious exemptions, supporters of Senate Bill 9 say it creates an easy-to-use form for employees seeking those exemptions.
Those reasons include a previous COVID-19 diagnosis in the past 12 months.
“We’re trying to make this as easy as possible for the rank-and-file employees that don’t have a law degree or don’t want to go out and hire an attorney to be able to claim their exemption without an undue burden,” sponsor Sen. Chris Elliott, R-Daphne told Alabama Daily News.
Senate Bills 9 and 15 put GOP supporters at odds with the business community in the state which argues the legislation creates confusing, dueling mandates on employers.
Business groups, including the Business Council of Alabama, have opposed SB9 saying it puts employers in a “no-win position” by forcing them to comply with conflicting state and federal laws. Robin Stone, the BCA’s interim executive director, spoke against SB9 at a public hearing Wednesday.
“This legislation would prevent Alabama employers from making their own personnel decisions and place that authority in the hands of state government,” Stone said.
The House Health Committee approved a substitute version of SB9, as well as Senate Bill 15, on voice votes Wednesday.
Elliott’s bill says employees can’t be terminated over vaccine refusal without a ruling from the Alabama Department of Labor. The new version of SB9 says the ADOL will assign an administrative law judge “to make a determination as to whether the employee is entitled to the exemption.”
Stephen Morris, director of governmental affairs for the Alabama Department of Labor, asked that the department be removed from SB9.
Labor handles unemployment claims, yet the bill makes the department part of an employee’s separation.
“That’s just not what we’re set up to do,” Morris said.
Rep. Mike Jones, R-Andalusia, will handle the bill on the House floor and spoke to the Health Committee on Wednesday. He said employers in the state are already struggling to find workers. Having to dismiss workers over their vaccine status would worsen the shortage.
Separately, SB15 by Sen. Arthur Orr, R-Decatur, gives the state attorney general the authority to enforce existing law that says businesses can’t refuse service to people because they’re unvaccinated against COVID-19. The bill also requires parental consent before minors can receive the vaccine.
Alabama joined with a coalition of other states in a lawsuit filed last week challenging the vaccine mandate on federal contractors. The lawsuit is part of Republican-led efforts to oppose the federal requirements.
Only about 45% of Alabama’s population is fully vaccinated, one of the lowest rates in the nation.
“Covid vaccines prevent hospitalization and deaths in all age groups, and our goal is to keep vaccinating as many people as possible,” Alabama Health Officer Dr. Scott Harris told ADN on Wednesday. “We are continuing to educate the public about the importance of taking these safe and effective vaccines.”
The American Lung Association issued a statement in opposition to bills “that would undermine evidence-based, public health policies and threaten the health of those with chronic lung disease, including lung cancer.”
“Alabama continues to experience a real threat from COVID-19 with only 44.7% of the population being vaccinated,” the statement said. “This is especially serious for individuals with chronic lung disease and other medical conditions. Implementation of vaccine requirements helps not only protect the vaccinated individual, but to protect those for whom the vaccine offers less protection, those who are immunocompromised, and those who can’t get vaccinated, such as children under age 5.”
Senate Bills 9 and 15 now move to the full House for a vote, which could happen Thursday. The Alabama Senate would then need to concur with the changes, which is likely since Elliott is supportive, for final passage. That could also happen Thursday, bringing an end to the special session.
Because vaccine-related legislation was not included in Gov. Kay Ivey’s call for the special session on redistricting, the vaccine bills need a two-thirds vote of those present to pass the bills in each chamber. In the House, that’s 63 yes votes if all lawmakers are present.
There are 27 Democrats in the House, many of whom are likely to speak against the bills on the House floor.
House Speaker Mac McCutcheon, R-Monrovia, said after the Hosue adjourned on Wednesday that he believed there were enough votes to pass the bills.
Rep. Pebblin Warren, D-Tuskegee, on Wednesday called the anti-mandate bills in a pandemic “confusing.”
“We’re trying to protect the rights of those who are not complying, but disregarding the rights of those who want to be safe,” she said.
She also pointed to the Legislature’s 2019 passage of a bill banning almost all abortions in the state.
“We sat in this body and passed a bill that would not protect a female who was impregnated by rape, but we can sit up here and protect the rights of those who don’t to keep themselves and others healthy. It’s confusing.”
Not all Republicans are for the bill either. Rep. Joe Lovvorn, R-Auburn, voted no in the Health Committee.
He said he doesn’t want the state to create the same kind of overreach the federal government did.
“Each time the government involves itself in my business, it doesn’t help me, it doesn’t help my employees, it doesn’t help my customers,” he said.
Elliott is also a business owner and says he understands Lovvorn’s concerns.
“Part of what we’re trying to do is give businesses the tools, the form, the method, to honor the exemption, especially in the terms of the federal contractors, so they can put (that form) in a file and say, ‘I’ve complied with your mandate.’”
Lawmakers know the mandate issue will be settled by the courts, but say it’s important they act at the state level, too.
Rep. Parker Moore, R-Hartselle, said Wednesday he’s in favor of the bills. Moore’s district includes a portion of Limestone County and federal employees and contractors.
“We’re doing all we can to ensure we’re protecting the citizens of our state from the overreaching federal government,” Moore said.
Thirteen anti-vaccine mandate bills were filed in the condensed special session called to redraw legislative, congressional and state board of education district maps.