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26.704.10 101st Legislative Session 1163
2026 South Dakota Legislature
House Bill 1163
Introduced by: Representative Andera
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit certain persons from requiring genetic-based vaccinations. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 34-22-18 be AMENDED: 3
34-22-18. Any person Except as otherwise provided in this section, an individual 4
in the state reasonably suspected of having active tuberculosis, middle east respiratory 5
syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral 6
hemorrhagic fevers, or any disease or condition which that is the subject of a declared 7
public health emergency pursuant to § 34-22-42, shall accept a necessary diagnosis or 8
treatment, or both. Any person individual who intentionally refuses to accept the diagnosis 9
or treatment, or both, or who fails to follow the reasonable and necessary directives of 10
the department issued for the protection of other persons individuals, is guilty of a Class 11
1 misdemeanor. 12
An individual may not be required to receive a genetic -based vaccination, as 13
defined in section 2 of this Act, for treatment of a disease or condition that is the subject 14
of a declared public health emergency. 15
Section 2. That a NEW SECTION be added to title 34: 16
For the purpose of sections 3 to 7, inclusive, of this Act, "genetic-based vaccination" 17
means a vaccination developed using messenger ribonucleic acid technology, modified 18
messenger ribonucleic technology, self -amplifying messenger ribonucleic technology, 19
deoxyribonucleic technology, or other technology that functions by utilizing, modifying, or 20
transferring genetic material to induce an immune response. 21
Section 3. That a NEW SECTION be added to title 34: 22
No public or private employer may: 23
26.704.10 2 1163
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(1) Require an individual to receive a genetic -based vaccination as a condition of 1
employment; or 2
(2) Terminate, demote, suspend, reduce wages or benefits for, retaliate against, or 3
take other adverse employment action that causes material harm to an employee 4
based on whether the employee has received a genetic-based vaccination. 5
Nothing in this section prohibits an employer from taking reasonable measures to 6
mitigate the risk of transmission and exposure of communicable diseases, including 7
requiring the employee to wear personal protective equipment, or to work remotely or at 8
an alternate location. 9
Section 4. That a NEW SECTION be added to title 34: 10
No public or private educational institution may: 11
(1) Require a student or prospective student to receive a genetic-based vaccination as 12
a condition of enrollment; or 13
(2) Base any loss of student status, including status in a particular course or program 14
of study, on whether the student has received a genetic-based vaccination. 15
Nothing in this section prohibits an educational institution from taking reasonable 16
measures to mitigate the risk of transmission and exposure of communicable diseases, 17
including requiring a student to wear personal protective equipment or to participate in 18
educational activities remotely or at an alternate location. 19
Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 34: 20
No public accommodation nor public service, as those terms are defined in § 20-21
13-1, may refuse to provide any service, product, admission to a facility, or transportation, 22
to an individual based on whether the individual has received a genetic-based vaccination. 23
Nothing in this section prohibits a public accommodation or public service from 24
taking reasonable measures to mitigate the risk of transmission and exposure of 25
communicable diseases, including requiring an individual to wear personal protective 26
equipment. 27
Section 6. That a NEW SECTION be added to title 34: 28
The attorney general may impose a civil penalty against a person who violates 29
sections 3 to 5, inclusive, of this Act. The amount of the civil penalty may not exceed ten 30
26.704.10 3 1163
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Overstrikes indicate deleted language.
thousand dollars. The attorney general shall forward any civil penalty collected under this 1
section to the state treasurer for deposit in the general fund. 2
Section 7. That a NEW SECTION be added to title 34: 3
Sections 3 to 5, inclusive, of this Act do not apply to: 4
(1) The following, if compliance would result in a violation of regulations issued by the 5
Centers for Medicare and Medicaid Services or by the Centers for Disease Control 6
and Prevention: 7
(a) A community mental health center; 8
(b) A community services provider or community support provider, as defined 9
in § 27B-1-17; 10
(c) A health care facility, as defined in chapter 34-12; or 11
(d) An intermediate care facility for individuals with intellectual disabilities; 12
(2) Vaccinations required for admission to school or an early childhood program, as 13
described in § 13-28-7.1; 14
(3) Genetic-based vaccinations required by a clinical placement location, if the clinical 15
placement location is required for continued enrollment in, or completion of, a 16
health sciences program offered by the Board of Regents or South Dakota Board 17
of Technical Education; 18
(4) Court-ordered genetic-based vaccinations; and 19
(5) The South Dakota National Guard. 20