Governor Noem's Exemption Bill To Be Heard Tomorrow

Good morning, Last week our Governor introduced a bill that has now been assigned to the Energy and Commerce committee and the hearing is tomorrow.

Our analysis of the bill is below.

Senate Bill 211 Analysis:

At the request of the Governor

SB 211 seeks to amend Chapter 60-2 of the current South Dakota State code regarding business practices. If passed, SB 211 would provide a uniform exemption process for employer mandated vaccines, limited to COVID-19 vaccines alone.

The exemptions would fall under three categories;

1. Medical- provided by a Doctor licensed to practice medicine in the State of South Dakota.

2. Religious- this exemption would be limited to moral objections, on a form provided by the employer that must state the following "I, [insert person’s full name], dissent and object to receiving a COVID-19 vaccine on religious grounds, which includes moral or ethical beliefs or principles but not social, political, or economic philosophies or mere preference".

3. Natural Immunity- proof of immunity must be provided showing serum antibody protection from a CLIA certified laboratory, using a fully FDA approved, or Emergency Use Authorization serum antibody test. Results must indicate that specific antibodies are present to guard against COVID-19, within 180 days of the exemption request. Employer can request a new serum antibody test every 180 days, given that the employer pays for the testing, or reimburses the employee for the test.

Provides legal remedy, and injunctive relief should employers who make the COVID vaccines a condition of employment violate the terms stated here-in.

Does not apply to the South Dakota National Guard.

Does not allow for Naturopathic Doctors to write medical exemptions, unless licensed as a Medical Doctor, as the State of South Dakota does not have a licensing board for Naturopathic Doctors.

If passed, SB 211 would take immediate effect pursuant to the Emergency clause cited. However, the bill will sunset on June 30, 2023, meaning the law would only be in effect for one year from Sine Die, unless extended during the next legislative session.

If you would like, you can send comments and or request to testify via teleconference here: Testimony or Request to Testify . If you want to testify in person, the hearing will begin at 10am in room 412 at the Capitol building in Pierre.

We are anticipating movement with the bills we discussed last week. We will continue to watch for new and track changes to other legislation and send notifications with updates.

Please forward to those who many not be receiving our updates.

May God’s freedom and blessings keep you.