An Act to provide a conscience exemption from a COVID-19 vaccination.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a 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.
Section 2. That a NEW SECTION be added to title 34:
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.
Section 3. That a NEW SECTION be added to title 34:
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.
Section 4. That a NEW SECTION be added to title 34:
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.
Section 5. That a NEW SECTION be added to title 34:
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.
Section 6. That a NEW SECTION be added to title 34:
A person's right to decline the receipt of a COVID-19 vaccination on the basis of conscience, as set forth in this Act, is not applicable if, by complying with this Act, the public or private entity requiring or mandating the vaccination would be:
(1) Violating a specific regulation that is promulgated by the Centers for Medicare and Medicaid Services or the Centers for Disease Control and Prevention; or
(2) Violating a specific provision of a guidance document issued by the Centers for Medicare and Medicaid Services or by the Centers for Disease Control and Prevention.
Section 7. That a NEW SECTION be added to title 34:
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.