South Dakota 2022 Regular Session

South Dakota House Bill HB1008

Introduced
1/11/22  

Caption

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.

Impact

The bill amends existing law to facilitate these legal claims, eliminating typical liability protections that employers might invoke in such cases. According to the bill, it explicitly states that no employer may utilize any existing legal limitations or immunities to defend against claims brought under this new provision. This change is particularly significant as it changes the employer's stance regarding potential lawsuit risks associated with vaccination mandates.

Summary

House Bill 1008 introduces legal provisions allowing employees who are mandated to receive vaccinations as a condition of their employment to bring lawsuits against their employers. Specifically, the bill permits these employees to seek both actual and punitive damages for injuries or illnesses that they attribute to the mandated vaccination. This legislation aims to create a pathway for legal recourse in instances where employees claim to suffer adverse health effects due to their employer's vaccination requirements.

Contention

The introduction of this bill has raised concerns regarding public health policies and employer responsibilities. Proponents argue that it provides essential protections for employees, allowing them to seek redress if harmed by a vaccination triggered by employment conditions. Conversely, opponents may contend that this legislation could discourage employers from requiring vaccinations that are crucial for workplace safety, particularly in sectors where exposure to contagious diseases poses a substantial risk.

Emergency_declaration

Furthermore, the bill declares an emergency regarding its implementation, meaning it would take effect immediately upon passing. This urgency suggests that the legislature views the issue as pressing, potentially reflecting a broader debate within the state about vaccination mandates in the workplace and public health considerations.

Companion Bills

No companion bills found.

Previously Filed As

SD SB00214

An Act Creating A State Cause Of Action For Injuries Received Or Illness Caused By Vaccinations Or Medicinal Treatment Required As A Condition Of Employment.

SD SB00463

An Act Creating A State Cause Of Action For Injuries Received Or Illness Caused By Vaccinations Or Medicinal Treatment Required As A Condition Of Employment.

SD SB1128

Conditions of employment; prohibiting certain vaccinations and medications as a condition of continued employment. Emergency.

SD SB628

Conditions of employment; prohibiting certain vaccinations and medications as a condition of continued employment. Emergency.

SD SB628

Conditions of employment; prohibiting certain vaccinations and medications as a condition of continued employment. Emergency.

SD SB1279

Vaccinations; prohibiting vaccinations as a condition of employment. Emergency

SD SB1769

Conditions of employment; prohibiting vaccination as a condition of employment; requiring notice; prohibiting disciplinary action. Emergency.

SD SB994

Conditions of employment; prohibiting vaccination as a condition of employment; requiring notice; prohibiting disciplinary action. Emergency.

SD SB994

Conditions of employment; prohibiting vaccination as a condition of employment; requiring notice; prohibiting disciplinary action. Emergency.

SD SB846

Conditions of employment; prohibiting certain vaccinations as condition of employment; fetal cells; protecting religious beliefs. Effective date. Emergency.

Similar Bills

No similar bills found.