2022 Health Freedom Bill Analysis
South Dakota is now free of government imposed vaccine mandates, BRAVO to all who have fought so hard this year, THANK YOU!
NOW is the time to go on the offensive, and continue our fight for Health Freedom by codifying safeguards this legislative session.
Please help us to watch the following bills this legislative session as we work with our representatives to codify informed consent, employer liability, and language protecting health status as a protected class.
HB 1008-Introduced by: Representative Fred Duetsch
“Provide a cause of action for certain employees that are required to receive a vaccination as a condition of employment and to declare an emergency.”
Email your testimony to housejudiciary@sdlegislature.gov
BILL ANALYSIS:
If passed, HB 1008 would provide legal remedy via employer liability, in the event of an adverse reaction to the COVID-19 vaccination, and would be effective immediately upon passage pursuant to the emergency clause. Nothing in this bill would prevent employers from mandating vaccines or making vaccines a condition of employment. However, if passed, this bill would create liability for employers who do make vaccines a mandatory condition of employment, IF the vaccine can be proven to have caused an adverse event.
YAY: Bill creates employer liability for damage or adverse events caused by vaccination, if vaccination is mandatory or a conditional requirement to become or remain employed.
NAY: Bill does not provide a fee schedule for adverse events, and places both the onus and the proof of burden upon the employee to both; seek legal remedy, and show the vaccine was the cause of injury. Without clearer definitions of “injury”, and as currently written, it would be left to the interpretation of the courts to provide remedy and relief for employees who experience negative, or adverse effects after receipt of a vaccination. Finding expert testimony could become very costly, creating an undue burden upon employees seeking just compensation, as doctors are often hesitant to link vaccination as a cause of injury.
Ideally this bill will become better defined during work sessions, a fee schedule would be created to accompany vaccine adverse events with set dollar amounts, and a third party board would be created to help provide employee advocacy and access to skilled clinicians, well versed in vaccine injury.
HB 1212- Introduced by: Representative Steve Haugaard
“An Act to prohibit certain activities related to a person's COVID-19 vaccination status and provide a penalty therefor.”
First reading January 27, 2022, has not been assigned to a committee yet.
BILL ANALYSIS:
Bill would prevent the State of South Dakota, any private business entity, school, event, venue, museum, gallery, theater, etc from requiring that an individual show proof of COVID-19 vaccination status, proof of immunity or to disclose in any manner their personal health information. Bill specifies that the use or requirement of “Covid Passport, or Vaccine Passport '' would be strictly illegal in the State of South Dakota and carry with it fines and penalties if required after this bill takes effect.
We strongly support this bill as the vaccine passports have already created a two tier society in the States currently allowing their use, or that have implemented them. Passports also create an existential threat to liberty as the internet of things progresses and more information is used as a means of control and leverage. Vaccine Passports violate HIPAA law by requiring the disclosure of private and protected health information. Vaccine Passports further violate federal laws such as ADA, and FERPA in their implementation and use to discriminate against those who cannot receive a particular vaccine.
HB 1224 Introduced by: Representative Steve Haugaard
“Extend unemployment insurance benefits to individuals who are unemployed because of their refusal to obtain a COVID-19 vaccination.”
First Reading January 27, 2022. Has yet to be assigned to committee
BILL ANALYSIS:
Bill would extend unemployment benefits to employees who have left their place of employment due to an employer’s vaccine mandate/requirement to receive and then subsequently show proof of vaccination status.
This is a very short and simple amendment to the “good cause for voluntarily leaving employment” law. Due to the number of employers in the State, still requiring proof of vaccination status and subsequently denying requests to accommodations. This bill closes a current loophole in which the State acts as a third party mediator between employer and employee collected funds, and provides two vital protections;
Protects taxpayers from unnecessary legal fees as a result of lawsuits filed against the State for allowing discrimination by status quo, and lawsuits for withholding access to unemployment funds paid into by the employee(s)
Provides access to the unemployment fund employees pay into for periods of unemployment.
HB 1256- Introduced by: Representative Scott Odenbach
“An Act to establish employees' exemptions from employer-imposed COVID-19 vaccine requirements.”
First Reading January 27, 2022. Has yet to be assigned to committeeBILL ANALYSIS:
Bill would require employees to submit, in writing, an exemption request if the employer requires or mandates COVID-19 vaccine(s) as a condition of employment. Bill allows for exemptions on the basis of medical, or religious grounds which includes: “moral, ethical, and philosophical beliefs or principles”. The bill proposal goes on to state that exemptions shall also be made for those who present: “A signed statement from the person attesting to the person's immunity by prior COVID-19 infection.”
HOWEVER, “This section does not apply to service members of the South Dakota National Guard, who are subject to federal activation pursuant to Title 10 of the United States Code.”
We find that this bill is not sufficient protection against informed consent violations and given the other more comprehensive protection bills that have been introduced, this bill could subvert efforts to prevent the overreach of public and private entities.
Any list created is unacceptable, which would invariably occur with written attestations of prior immunity, religious or moral objections. Furthermore, medical exemptions place licensed practitioners at risk, and are very rarely written for this reason.
Additionally, this is not in fact a new protection as it is currently the existing practice. While we do find favor with the language regarding natural immunity, and the recognition of such, we do not find that this bill alone is a sufficient or adequate measure on its own.
YAY: Recognizes Natural Immunity
NAY: Requires written record
HB 1258- Introduced by: Representative Gosch
“An Act to prohibit obtaining an individual's COVID-19 vaccination status without the consent of the individual.”
First Reading January 27, 2022. Has yet to be assigned to committee
BILL ANALYSIS:
Bill would make it illegal to disclose vaccination information under most circumstances, without the consent of the individual.
YAY: If passed, HB 1258 would make the collection and sharing of an individual's COVID-19 vaccination status illegal and subject to fines, and a class one misdemeanor. “This information may not be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise, and is not admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person, unless with the voluntary and informed consent of the individual.”
NAY: If passed, HB 1258 would still allow for vaccination status and information to be collected and used for statistical purposes, or as “necessary to enforce the provisions of chapter 34-22 and rules promulgated pursuant to this chapter concerning the prevention, treatment, control, and investigation of communicable diseases”
Additionally, personally identifiable information can still be collected and then released in the event that the public health department deems it is needed to “protect the health or life of a named person.”
However, the bill does not specify or further define what it would mean to protect the “health or life of a named person.”
HB 1262- Introduced by Representative Taffy Howard
“An Act to prohibit discrimination based on a person's vaccination status or possession of an immunity passport and to declare an emergency.”
First Reading January 27, 2022. Has yet to be assigned to committee
BILL ANALYSIS:
Protects and provides legal remedy for unequal treatment due to vaccination status. Prohibits vaccine passport: If passed, HB 1262 would take immediate effect adherent to the emergency clause cited. Should this bill pass, vaccination status would be codified into the existing Equal Opportunity Lawsas a protected class. Bill would amend current State Code, at which time discrimination based upon an idividual’s vaccination or immunity status would be illegal in the State of South Dakota. In addition, any vaccine currently undergoing clinical trials, or approved under Emergency Use Authorization shall NOT be legal to make mandatory or conditional, under any pretext. Prohibits the required use of documentation, or digital record, proving either vaccination or immunity status i.e “vaccine passports”, but does not prevent the willing use of a vaccine passport by an individual who chooses to do so. In order to fully analyze this bill the following effects upon business and industry have been further broken down into three sections, Employment, Education, and Healthcare
EMPLOYMENT: Nothing in this bill would prevent employers from making recommendations related to vaccines, or ask that employees receive a particular vaccine, so long as that vaccine has satisfied the requirements to become fully licensed by the FDA. However, should the employee choose not to follow said recommendation, the bill provides legal remedy, should the employer et al. discriminate against the individual who chooses not to follow employer recommendations. In addition, the bill would make it illegal for employers to require proof of vaccination status or immunity.
EDUCATION: Nothing in this bill would interfere with school immunization requirements for K-12 education. Currently existing codes surrounding school immunization requirements, and exemptions still stand upon the passage of this bill.
HEALTHCARE: Bill specifically exempts healthcare organizations/facilities “from section 1 of this Act during any period of time that compliance would result in a violation of regulations or guidance issued by the centers for medicare and medicaid services or the centers for disease control and prevention.”
-OR-
IF the healthcare organization has made every reasonable accommodation available to employees who choose not to follow the recommendations, and/or provide personally identifiable information in order to prove their immunity status, or exemption request. Bill allows for healthcare organizations to consider an employee “not vaccinated” if the employee refuses to share said personally identifiable health information with the Healthcare employer.
This concludes our report on current bills to watch. As each bill is assigned to committee we will send an update and a schedule of lobby days at the capital. As each bill moves through committee, amendments and provisions are subject to change.
We will keep you updated, and continue our efforts working with policy makers to ensure the intent of each bill remains consistent throughout the legislative process. Your donations are vital!Please consider making a monthly commitment to South Dakota Health Freedom for the duration of the legislative session. In addition, we are in the process of creating a PAC (political action committee) in order to keep you apprised of the best candidates running in your area, who support the issues that matter most to your family. Your monthly donation of ten dollars will ensure that South Dakota holds the line for peace, prosperity, liberty, and Health Freedom! paypal.me/HFSouthDakota
May God's freedom and blessings keep you.