13-02-2025
Legislative committee supports ‘conscience exemption' vaccine bill
A Moderna COVID-19 vaccine. (Courtesy of Executive Office of the Maryland Governor)
A legislative committee endorsed a bill Thursday at the state Capitol in Pierre that would allow South Dakotans to sue their employer, church or even family or neighbor if they're barred entrance to a building, lose their job or are demoted because they refuse vaccinations during a public health emergency.
House Bill 1223, introduced by Sioux Falls Republican Rep. Bobbi Andera, would not apply 'conscience exemptions' to required school immunizations or health care facilities, or to the South Dakota National Guard if the vaccination is required for federal activation.
Andera was motivated by restrictions enforced during the COVID-19 pandemic tied to a person's vaccination status.
'I am supporting this bill because I support the people of South Dakota and science,' Andera said. 'Science is not quick. It never has and it never will be.'
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The other supporter of the bill to testify was a representative with South Dakota Citizens for Liberty, a conservative political advocacy group. The legislation faced a wave of opposition from business and medical organizations.
Justin Smith, a lobbyist representing the Greater Sioux Falls Chamber of Commerce, told lawmakers the bill attacks South Dakota's 'employment at will' laws, because it would prioritize an employee's 'inner conviction' over business owners' rights to protect themselves, customers, employees and private property.
Smith said the bill could empower employees to sue over something as mundane as being put on a different shift or being moved to a different building, which he said could constitute a 'loss of employment status' under the language in the bill.
The bill also allows people who sue to collect three times their actual damages and attorney fees from the defendant if a court rules in the plaintiff's favor. The suing party would not be responsible for the defendant's attorney fees if they lose.
'Heads I win, tails you lose,' Smith said.
Sioux Falls Republican Rep. Taylor Rehfeldt — a nurse anesthetist — was the most vocal critic of the bill. She said it gave her 'angst' from both a business and public health perspective because a person could walk into another person's home despite that homeowner's personal health or wishes.
Passage of the bill would result in 'extreme ramifications damaging as a whole to public health,' Rehfeldt said.
'Where does somebody's personal freedom get to override somebody else's right to personal freedom?' Rehfeldt said.
Clear Lake Republican Dylan Jordan said he stands for the 'freedom of everyday workers' in his support.
'You shouldn't be forced by your employer to get any shot you don't want,' Jordan said.
The bill passed 7-6 out of the House Health and Human Services Committee. It'll head to the House of Representatives next.
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