Republican legislative leaders are backing off plans to hastily enact a new state law limiting COVID-19 vaccine requirements at Indiana businesses.
House Speaker Todd Huston, R-Fishers, and Senate President Rod Bray, R-Martinsville, announced Wednesday they no longer will convene the General Assembly for an extraordinary one-day session Monday, and instead will wait until the Jan. 4 start of the regular 10-week legislative session to take up new measures focused on COVID-19.
The decision follows a seven-hour joint committee hearing Tuesday on Preliminary Draft 3651 that drew ire from leading Indiana business and health care organizations who said they don't want the state dictating their COVID-19 vaccine policies, as well as from COVID-19 vaccine opponents who said the measure did not go far enough toward banning employer vaccine requirements altogether.
The Indiana Department of Health is urging all Hoosiers to get vaccinated against COVID-19, particuarly the more infectious delta variant
"The ongoing complexities of the issues raised and the potential unintended consequences, the logistics of moving legislation to the floor during a time when the General Assembly is not typically in session," Bray said, "and the need for the public and members of the General Assembly to fully vet the legislation have led to the conclusion that the efforts to gather input and better solutions should continue until the legislature reconvenes in January."
The proposed legislation would have compelled all Indiana businesses with a COVID-19 vaccine requirement to allow any full- or part-time employee with a medical, religious, or general objection to the vaccine, or a recent COVID-19 infection and recovery, to automatically opt out of the company's vaccine mandate and participate instead in weekly COVID-19 testing.
Even if enacted into law, however, the Indiana vaccine mandate opt-outs and testing alternative likely would have been superseded if the federal government's vaccine mandates for employees at federal contractors, most health care providers, and companies with more than 100 workers survive various pending court challenges, including three lawsuits filed by Indiana.
Huston insisted the measure still would have ensured Indiana employers are not blatantly disregarding well-established vaccine exemptions, including those focused on protecting sincerely held religious beliefs.
"To be clear, House Republicans remain resolved to take quick action this session to help end the state of emergency and protect Hoosiers against the federal government's unprecedented overreach," Huston said.
"Over the next month, we'll continue to listen and talk with stakeholders about our policy proposals, and we'll file legislation in the near future."
Bray and Huston did not say how many Republican lawmakers expressed opposition to the proposal before they decided to pull it. Republicans control 71 of 100 House seats (71%) and 39 of the 50 (78%) seats in the Senate.
To pass legislation in a single day requires a two-thirds (67%) vote in each chamber to suspend certain provisions of the Indiana Constitution, as well as the usual House and Senate rules.
Beyond the vaccine provisions, the proposal sought to bring an end to the governor's continuing COVID-19 emergency declaration by incorporating into state law the remaining provisions of Gov. Eric Holcomb's COVID-19 executive orders that then would expire Dec. 1.
Under the plan, the state health commissioner would have gained the authority to issue an emergency declaration to ensure Indiana continues receiving enhanced federal Medicaid and food assistance because of the pandemic, as well as the power to issue a standing health order to permit the COVID-19 vaccine be provided to children ages 5-11 with their parents' consent.
Holcomb said because those items will now not become law any time soon, he next week plans to renew Indiana's COVID-19 emergency through at least Jan. 1.
"I will continue to work closely with Speaker Huston and Senator Bray as we move into next legislative session," Holcomb said.
The Indiana Manufacturers Association, one of the primary critics of the proposal, said it welcomes the decision by legislative leaders to go back to the drawing board — especially since Indiana is experiencing another surge of COVID-19 cases.
"Manufacturers are best-equipped to make their own decisions regarding workplace vaccination policies, and those decisions should be made independent of unnecessary government intervention," said Brian Burton, CEO of the manufacturers association.
Data released by the Indiana Department of Health show Indiana recorded 4,070 new COVID-19 infections Tuesday, marking the first time the state's case count topped 4,000 since Sept. 16.
Approximately 2,000 Hoosiers were hospitalized with COVID-19 over the Thanksgiving holiday, up from 1,209 hospitalized COVID-19 patients three weeks ago.
Hoosiers age 5 and up can protect themselves from COVID-19 infection, hospitalization and death by getting a free COVID-19 vaccine available at 1,418 locations across the state — many without an appointment.
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