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UPDATE: 2/16/2023 - HB 1235 died after failing to pass the full House by a vote of 30 yes, 39 no and 1 excused
UPDATE: 2/14/2023 - HB 1235 passed the House Health & Human Services Committee as amended by a vote of 7 Yeas, 6 Nays on 2/14/2023.
The amendment removes the broad exemption from this act for health care facilities based on a vague "regulation." The amendment then inserts a clarification of the exemption from the act to apply when the regulation is specifically promulgated by the Centers for Medicare and Medicaid Services (CMS) or the Centers for Disease Control and Prevention (CDC) or a provision of the previously mentioned agencies' guidance documents are violated.
NVIC recommends further amending this bill to remove regulations from the CDC because they do not have regulatory authority over South Dakota vaccine mandates. South Dakota should not be deferring ANY power or authority to the CDC. The CMS mandates are currently being challenged in court and there is federal legislation pending to remove the CMS mandates.
UPDATE: 2/10/2023 - HB 1235 is scheduled for a hearing in the House Health & Human Services Committee on Tuesday 2/14/2023 in room 412 from 7:45 AM-9:45 AM. Agenda - https://mylrc.sdlegislature.gov/api/Documents/249166.pdf. Written testimony can be submitted to [email protected].
HB 1235 was introduced and referred to the House Health & Human Services Committee on 2/1/2023. This bill is sponsored by Representative Hansen with 10 cosponsors.
This bill would provide for a conscientious belief exemption for employees and students to any COVID-19 vaccine mandate, except for certain health care facilities and SD National Guard under lawful command by enacting the following NEW SECTION be added to title 34:
For the purpose of this Act, the term, conscience, means a person’s inner conviction regarding that which is right or wrong in the person's conduct.
A person has the right to be exempt from any COVID-19 vaccination mandate, requirement, obligation, or demand on the basis that receiving a COVID-19 vaccination violates the person's conscience. A person may exercise the right to be exempt under this Act orally or in writing.
No person may be subjected to any disciplinary action as a result of the person's decision to decline receipt of a COVID-19 vaccination on the basis of conscience.
For purposes of this section, the term, disciplinary action, means:
(1) Termination, demotion, or any loss of employment status; or
(2) Any loss of student status, including status in a particular course or program of study.
Before any person attempts to mandate or require another person to receive a COVID-19 vaccination, or attempts to condition another person's job or student status upon the receipt of a COVID-19 vaccination, that person must inform the other person of the right to the conscience exemption under this Act.
A civil action for damages or injunctive relief, or both, may be brought by any person for any violation of this Act. A person, who is aggrieved by any violation of this Act and commences a civil action, is entitled, upon the finding of a violation, to recover threefold the actual damages sustained, along with the costs of the action and reasonable attorney's fees.
A health care facility, as defined in chapter 34-12, is exempt from this Act if compliance would result in a violation of regulations issued by the Centers for Medicare and Medicaid Services or by the Centers for Disease Control and Prevention.
This Act does not apply to the South Dakota National Guard or prevent the South Dakota National Guard from requiring a COVID-19 vaccination, in compliance with a valid and lawful command order that applies to a servicemember who is subject to federal activation.
https://sdlegislature.gov/Session/Bill/24348 - text, status and history for HB 1235
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