HB 1223 South Dakota House · 2025 Regular Session

provide for conscience exemptions from certain vaccinations.

HB 1223 allows individuals in South Dakota to request exemptions from certain vaccination requirements based on their personal or religious beliefs. The bill directly affects parents, guardians, and adults who may be required to receive vaccines for school attendance or employment. Under this legislation, these individuals can submit a written statement explaining their conscientious objection to specific vaccines. The key provision creates a formal process for granting these exemptions without requiring medical or legal justification. This policy change would allow vaccinated individuals to opt out of mandated immunizations while maintaining other public health requirements.
Bill status passed 2 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
House Failed
Feb 2025
Governor
Introduced Feb 5, 2025 Last action Feb 20, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced House Health and Human Services Engrossed · 6 edits · Feb 13, 2025
MODERATE
This bill establishes conscience exemptions from vaccination mandates in South Dakota, allowing individuals to refuse vaccines based on personal moral or religious beliefs. It protects individuals from disciplinary action or denial of services due to their vaccination status while maintaining certain exceptions for healthcare facilities, schools, and emergency situations.
Scope change
The bill expands protections to cover all vaccination mandates across state agencies, political subdivisions, and private entities, with specific exceptions for healthcare providers, schools, and emergency medical situations.
ELIGIBILITY

Creates a new right for individuals to be exempt from vaccination requirements based on conscience or moral beliefs.

DEFINITION

Defines key terms including 'conscience' (inner conviction about right or wrong), 'disciplinary action' (termination, demotion, loss of employment or student status), and 'vaccination' (FDA-approved vaccines).

REQUIREMENT

Requires state agencies and entities to inform individuals of their conscience exemption rights before mandating vaccinations or conditioning job/student status on vaccination.

Amends existing tuberculosis and public health emergency provisions to acknowledge the new conscience exemption right.

ENFORCEMENT

Allows individuals to sue for damages and injunctive relief if their rights are violated, with potential recovery of threefold actual damages plus attorney fees.

EXCEPTIONS

Exempts healthcare facilities, schools, emergency medical treatment, court-ordered treatment, and the National Guard from the conscience exemption requirements.

Floor votes · House Feb 20, 2025

How they voted

3435
Failed
Total votes 69
Feb 20, 2025
D Democratic5
5 Nay
100% Nay
R Republican64
34 Yea 30 Nay
53% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
4
Committee
2
Amendments
3
Feb 20, 2025
Lower · Passed
House of Representatives Reconsidered , Passed, YEAS 35, NAYS 35 H.J. 342
lower
Feb 19, 2025
Lower · Passed
Intent to reconsider , Passed, H.J. 327
lower
Feb 19, 2025
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 34, NAYS 36 H.J. 327
lower
Feb 19, 2025
Introduced
House of Representatives Motion to amend , Passed, H.J. 325 Amendment 1223D
lower
Feb 13, 2025
Lower · Passed
Health and Human Services Do Pass Amended , Passed, YEAS 7, NAYS 6
lower
Feb 13, 2025
Introduced
Health and Human Services Motion to amend , Passed, YEAS 8, NAYS 5 Amendment 1223C
lower
Feb 13, 2025
Introduced
Health and Human Services Motion to amend , Passed, Amendment 1223B
lower
Feb 5, 2025
Introduced
First read in House and referred to H.J. 197
lower
7 primary · 0 co-sponsors

Sponsors