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UPDATE: 4/27/2022 – H 3126 was signed by the governor and went into effect as Act 142 on 4/25/2022.
In summary, the final version does the following:
SECTION 3.
The State or any political subdivision thereof, including a school district, may not enact a COVID-19 vaccine mandate for any: employee, independent contractor, or nonemployee vendor as a condition of employment or conducting business with the State or a political subdivision; a student as a condition of attendance; or a participant, volunteer, or other person associated with an auxiliary event, activity, or program as a condition for participating in, volunteering for, or associating with the auxiliary event, activity, or program.
There is an exception If the State or any political subdivision, including a school district, is subject to a federal requirement that would lead to the forfeiture of federal funds due to a failure to require employees, independent contractors, or nonemployee vendors to receive a COVID-19 vaccination the employer may require an unvaccinated employee, independent contractor, or nonemployee vendor to undergo weekly COVID-19 testing if the federal requirement allows for testing as an alternative to vaccination; or the employee is eligible for unemployment benefits subject to the benefit amounts, duration, and requirements as provided in Article 1, Chapter 35, Title 41 if the federal mandate gives the employer no alternative to terminating the employee without forfeiting federal funds.
SECTION 4:
Neither the State, nor any of its political subdivisions, may terminate, suspend, or otherwise reduce the compensation of a person employed as a first responder if the first responder does not undergo a COVID-19 vaccination. 'First responder' means a law enforcement officer, firefighter, emergency medical technician, or paramedic who is paid from public funds."
SECTION 5:
If a private employer terminates, suspends, or otherwise reduces the compensation of an employee because the employee does not receive a COVID-19 vaccination or booster, that employee is eligible for unemployment benefits. "Private employer" means all employers other than the State and its political subdivisions, including school districts.
SECTION 6:
Nothing contained in this act shall prevent an employer from encouraging, promoting, or administering vaccinations, and nothing in this act shall prevent an employer from offering incentives to employees who elect to be vaccinated.
SECTION 7:
A private employer's vaccine mandate may not extend to independent contractors, nonemployee vendors, or other third parties that provide goods or services to the employer or be used to coerce independent contractors, nonemployee vendors, or other third parties that provide goods or services to the employer into implementing a vaccine mandate to maintain the business relationship.
Exceptions to this section are if the employer submits an affidavit with the Department of Employment and Workforce attesting to the fact that the employer has a contract with the federal government, a subcontract with a federal contractor, or is subject to a federal regulation that contains a valid, enforceable provision that is contrary to the requirements of this SECTION and does not apply to an employer seeking to enter into a federal contract, or a subcontract with a prospective federal contractor, that includes a valid, enforceable provision that is contrary to the requirements of this SECTION if the employer submits an affidavit with the Department of Employment and Workforce attesting to the fact that if the employer is awarded the contract or subcontract, then the employer must enforce a provision that is contrary to the requirements of this SECTION.
SECTION 8:
A religious exemption or medical exemption must be honored regarding any COVID-19 vaccine or booster requirement. A medical exemption may include the presence of antibodies, a prior positive COVID-19 test, or pregnancy. To claim a religious exemption, a person must provide his employer with a short, plain statement attesting to the fact that a tenet of his deeply held religious convictions would be violated by receiving the COVID-19 vaccine and booster.
This SECTION do not apply to an employer if the employer submits an affidavit with the Department of Employment and Workforce attesting to the fact that the employer has a contract with the federal government, a subcontract with a federal contractor, or is subject to a federal regulation that contains a valid, enforceable provision that is contrary to the requirements of this SECTION or if the employer is seeking to enter into a federal contract, or a subcontract with a prospective federal contractor, that includes a valid, enforceable provision or would be subject to a federal regulation that is contrary to the requirements of this SECTION if the employer submits an affidavit with the Department of Employment and Workforce attesting to the fact that if the employer is awarded the contract or subcontract, then the employer must enforce a provision that is contrary to the requirements of this SECTION.
SECTION 9:
All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation without discrimination or segregation on the basis of the person's vaccination status.
No person shall withhold, deny, or attempt to withhold or deny, or deprive, or attempt to deprive any person of any right or privilege secured by the provisions of subsection or intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege or punish or attempt to punish any person for exercising or attempting to exercise any right or privilege.
This section applies to any inn, hotel, motel, or other establishment that provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premise including, but not limited to, any such facility located on the premises of any retail establishment, or any gasoline station; any hospital, clinic, or other medical facility that provides overnight accommodations; any retail or wholesale establishment; any motion picture house, theater, concert hall, billiard parlor, saloon, barroom, golf course, sports arena, stadium, or other place of amusement, exhibition, recreation, or entertainment; and any establishment that is physically located within the premises of any establishment otherwise covered by this subsection, or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment.
This section does not apply to a private club or other establishment not in fact open to the general public. An institution, a club, an organization, or a place of accommodation.
SECTION 10:
The provisions contained in Act 99 of 2021, the South Carolina COVID-19 Liability Immunity Act, are hereby reenacted, retroactive to the date that Act 99 of 2021 expired, by this act. Act 99 of 2021's provisions apply to all civil and administrative causes of action that arise between March 13, 2020, and December 31, 2023, and are based upon facts that occurred during this time period.
This act takes effect upon approval by the Governor. All provisions of this act are repealed on December 31, 2023, unless reauthorized by the General Assembly.
UPDATE: 4/20/2022 - The House concurred with the Senate amendments to H 3126 in a 76-34 vote.
UPDATE: 4/6/2022 - H 3126 passed the full Senate as amended on 4/6/2022 by a vote of 29 yes and 12 no. The bill will now go back to the House to concur with the Senate amendments.
News story - https://www.wistv.com/2022/04/06/sc-senate-passes-scaled-down-vaccine-mandate-ban-bill/
UPDATE: 4/5/2022 - H 3126 was amended in the Senate and read a 2nd time on 4/5/2022. The latest version of H 3126 as amended by the Senate added an additional part (3) that prohibits the state, any political subdivision or school district from enacting a COVID-19 vaccine mandate for any - (3) participant, volunteer, or other person associated with an auxiliary event, activity, or program as a condition for participating in, volunteering for, or associating with the auxiliary event, activity, or program. The senate amended version also removes unemployment surcharges that employers who fired employees for not receiving a COVID-19 vaccination would have had to pay. NVIC Advocacy is changing our position from a watch to support with this change but with the caveat that the bill should be amended to include employers so employees are not punished or discriminated against for not taking a COVID-19 vaccine.
UPDATE: 3/30/2022 - H 3126 was reported favorably out of the Senate Finance Committee on 3/1/2022 as an amendment. The amendment would enact 12 new sections that address prohibition of COVID-19 Vaccine mandates by state government and schools , unemployment for employees fired by private employers, exemptions for medical reasons and religious beliefs and that all persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation without discrimination or segregation on the basis of the person's vaccination status. See full text of the amended version in the committee report - https://www.scstatehouse.gov/sess124_2021-2022/prever/3126_20220317.htm
NVIC Advocacy supports prohibiting vaccine mandates and discrimination based on vaccination status and our position is that mandates and discrimination should be prohibited for all citizens equally. This bill creates two separate sets of rights to decline vaccination depending on where you work. If you work for the state they are not allowed to mandate the vaccine. If you work for a private employer, they are allowed to mandate the vaccine and only allow a medical or religious exemption.
While the bill provides for unemployment for employees who are fired and it could help some people, NVIC Advocacy does not support placing language in state law saying, "if a private employer terminates, suspends, or otherwise reduces the compensation of an employee because the employee does not receive a COVID-19 vaccination or booster."
SECTION 8 states a religious exemption or medical exemption must be honored in regards to any COVID-19 vaccine or booster requirement. A medical exemption may include the presence of antibodies, a prior positive COVID-19 test, or pregnancy. To claim a religious exemption, a person must provide his employer with a short, plain statement attesting to the fact that a tenet of his deeply held religious convictions would be violated by receiving the COVID-19 vaccine and booster. While requiring medical and religious exemptions can help some people, the bill does not take into consideration the many other reasons people refuse a COVID-19 vaccine such as concerns about adverse events or efficacy.
NVIC Advocacy supports Section 9 prohibiting discrimination based on vaccination status in places of public accommodations.
UPDATE: 2/23/2022 - H 3126 passed the Senate Finance Committee on 2/22/2022. Video is available here - https://www.scstatehouse.gov/video/archives.php?key=11894&part=1
See news article - https://dailyprogress.com/lifestyles/health-med-fit/covid-vaccine-ban-bill-headed-to-south-carolina-senate-floor/article_9577395c-c6d8-5fcf-b6c5-7e909665fb73.html
UPDATE: 2/19/2022 - H 3126 is scheduled for a hearing in the Senate Finance Committee on Tuesday, Feb.22nd at 3:00 PM in Gressette Room 308. Agenda - https://www.scstatehouse.gov/agendas/124s11894.pdf
UPDATE: 2/12/2022 - H 3126 is scheduled for a hearing in the Senate Finance Special H 3126 Subcommittee on Thursday, Feb. 17th, at 9:00 AM in Gressette Room 105. Agenda (including list of subcommittee members) - https://www.scstatehouse.gov/agendas/124s11848.pdf
UPDATE: 1/13/2022 - H 3126 as amended by the House was referred to the Senate Committee on Finance on 1/11/2022. NVIC supports the prohibitions in the bill, and making the employee of a private company eligible for unemployment benefits if the private employer terminates an employee if they refuse a COVID-19 Vaccine. This bill could be substantially improved if the state would prohibit COVID-19 Vaccine mandates for private employers in addition to state employees and school students. NVIC Advocacy suggests asking your legislator to amend the bill to truly protect all employees from being fired over not taking the COVID-19 vaccine, not just state employees. This vaccine does not even prevent infection or transmission. It goes too far allowing private employers to require any vaccine as a condition of employment as vaccines are given to healthy people and can cause them to be injured or die.
H 3126 was amended on 12/9/2021. The bill passed the full House on 12/10/2021 and was sent to the Senate. However, according to this news article, Senators have already gone home and appear unlikely to take the matter up before the regular 2022 session begins on Jan. 11.
The news article also reports, For five hours Thursday, the South Carolina House debated a proposal to prevent private companies in South Carolina from firing employees who refuse to get a COVID-19 vaccine. Then, just before members were set to vote, Republican leadership stripped that ban from the bill, leaving it only banning COVID-19 vaccine mandates for state and local government employees, contractors and public school students.
The amended version would enact the following:
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The State or any political subdivision thereof, including a school district, may not enact a COVID-19 vaccine mandate for any employee, independent contractor, nonemployee vendor, or student as a condition of employment or attendance.
SECTION 2. Chapter 15, Title 8 of the 1976 Code is amended by adding:
"Section 8-15-80. (A) Neither the State, nor any of its political subdivisions, may terminate a person employed as a first responder if the first responder does not undergo a COVID-19 vaccination.
(B) For purposes of this section, 'first responder' means a law enforcement officer, firefighter, emergency medical technician, or paramedic who is paid from public funds."
SECTION 3. (A) If a private employer terminates or suspends an individual because they do not receive a COVID-19 vaccination, that individual is eligible for unemployment benefits.
(B) The General Assembly holds that a federal vaccine mandate is unconstitutional and shall not be enforced by this State. However, if a private employer believes it is subject to the forfeiture of federal funds due to a failure to require employees to receive a COVID-19 vaccination, the private employer may require an unvaccinated employee to undergo weekly COVID-19 testing.
(C) The Department of Health and Environmental Control and the Medical University of South Carolina shall partner with private employers to provide COVID-19 testing.
(D) From the Contingency Reserve Fund, there is appropriated ten million dollars to the Department of Health and Environmental Control and ten million dollars to the Medical University of South Carolina to fund COVID-19 testing for private employers.
SECTION 4. Notwithstanding any other provision of law, a religious exemption or medical exemption must be honored in regards to any COVID-19 vaccine requirement. A medical exemption may include the presence of antibodies, a prior positive COVID-19 test, or pregnancy.
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor and the provisions of this act are repealed on December 31, 2022 unless reauthorized by the General Assembly.
https://www.scstatehouse.gov/billsearch.php?billnumbers=3126&session=124&summary=B - text, status and history for H 3126
H 3126 was referred to the House Committee on Ways and Means on 1/12/2021 and is sponsored by Rep. Jones. The bill has not had any activity since being referred to committee. However, bills in SC can carry over from odd to even years.
This bill, Section 1, (C) (1-4), would declare as unlawful and invalid a COVID-19 or other vaccine mandate originating from any federal law, order, rule, regulation, plan of action or otherwise. While there are no federal vaccine mandates to date, and all current mandates are state mandates, this bill insulates South Carolina residents from potential future federal vaccine mandates including by way of federal enticements or funding to enforce the mandate.
The bill also includes the same unlawful designation on mask mandates (Section B), but that part of the bill is outside of NVIC’s mission and we do not take a position on mask mandates.
NVIC supports the prohibitions in the bill, however the bill still allows private employers to terminate an employee if they refused a COVID-19 Vaccine. They would be eligible for unemployment, but the state should prohibit COVID-19 Vaccine mandates for private employers in addition to state employees and school students. Please ask your legislators to amend the bill to prohibit vaccine mandates for all employees.
https://www.scstatehouse.gov/sess124_2021-2022/bills/3126.htm - full text of H 3126 as introduced.
https://www.scstatehouse.gov/billsearch.php?billnumbers=3126&session=124&summary=B - text, status and history for H 3126
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