|
UPDATE: 2/14/2024 - HB 1221 died. The House Commerce and Energy Committee deferred it to the 41st legislative day by a vote of 7 Yeas, 4 Nays on 2/14/2024. This kills the bill because there are no more than 40 legislative days in a session.
UPDATE: 2/14/2024 - HB 1221 was scheduled for a hearing in the House Commerce and Energy Committee on Wednesday, February 14, 2024 at 10:00 AM in Room 464. View hearing agenda HERE.
HB 1221 was introduced in the House and referred to the House Commerce and Energy Committee on 1/31/2024. This bill is sponsored by Representative Ben Krohmer.
HB 1221 prohibits vaccine passports and discrimination over vaccination status for all persons in the state, including every public and private educational institution.
HB 1221 amends South Dakota Codified Laws Chapter 60-8, related to interference with employment, to add six (6) new sections summarized as follows:
SECTION 1. defines (1) "vaccination" and (2) "vaccination passport."
(1) "Vaccination" is defined as the process of introducing a vaccine into the body for the purpose of producing immunity to a specific disease other than diphtheria, meningitis, mumps, pertussis, poliomyelitis, rubella, rubeola, tetanus, and varicella.
(2) "Vaccination passport" is defined as a physical or digital document providing evidence of vaccinations received by a person.
SECTION 2. prohibits discrimination or the deprivation of the right to work based on a person's vaccination status. A violation of this section is a Class 2 misdemeanor.
SECTION 3. prohibits any person from requiring another person to present a vaccine passport or other evidence of vaccination status. It also prohibits the use of coercion or threats to a person's employment or future employment in an attempt to require or enforce a vaccine or vaccine passport requirement. A violation of this section is a Class 2 misdemeanor.
SECTION 4. prohibits discrimination against a person based on their vaccine status. A violation of this section is a Class 2 misdemeanor.
SECTION 5. establishes that sections 2 through 4 of this Act apply to every public and private institution of higher education, technical college, elementary or secondary school, and preschool program.
SECTION 6. creates course of action for any person aggrieved by an action prohibited under sections 2 through 4 of this Act, to bring a civil suit for damages in circuit court, including all wages and benefits lost to the violation up to and including the day of the judgement.
NVIC SUPPORTS HB 1221 because it provides protections from vaccine status discrimination at work, in education, and in the public sphere. This bill prohibits vaccine status discrimination while applying protections to all persons within the state, including higher education students, all public and private school students, and preschool students. This bill also protects people within the state from being forced to share their private medical information via a vaccine passport or other proof of vaccination just to work, attend school, travel, grocery shop, attend an indoor or outdoor venue, receive medical care, and many other restrictions as were seen during the COVID-19 pandemic. NVIC opposes all vaccine mandates, vaccine status discrimination, and the use of vaccine passports. Vaccines are pharmaceutical products that carry the risk of injury and even death and should not be a condition of employment, education, or access public or private places. Additionally, a person's private medical information, including their vaccination records, is private and no one should be forced to share that information as a condition of employment, school, shopping, entertainment, or travel. The protections in this bill from vaccine status discrimination and vaccine passports are limited to the definition of "vaccine" described in the bill as only new vaccines not already required for school attendance on the childhood schedule. This bill and the protections within would only apply to any COVID-19 vaccine or other newer vaccine types not listed in the definition of vaccine within this bill. Although well-intentioned, a better solution to this bill would be to prevent vaccine mandates, discrimination, and passport requirements for all vaccines.
https://sdlegislature.gov/Session/Bill/24511 - text, status, and history of HB 1221
|