20.929.7 95th Legislative Session 596

2020 South Dakota Legislature

Draft 929

Introduced by:

An Act to revise certain provisions regarding contagious disease control and enforcement and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-22-18.1 be AMENDED:

34-22-18.1. Action for injunction to enforce department directive or order--Confidential information.

If the department has determined by medical or epidemiological information that a person is infected with, or is reasonably suspected of having active tuberculosis, a coronavirus respiratory syndrome, any middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition which is the subject of a declared public health emergency pursuant to § 34-22-42, and that person presents a health threat to others, the department may commence an action in circuit court, pursuant to chapters 15-6 and 21-8, for injunctive relief as necessary to enforce any applicable department directive or order. The court shall treat individually identifying information including the gender, age, ethnicity, race, national origin, location, or identity of any person subject to the proceedings as strictly confidential information. If necessary, identifying numbers or initials may be used to protect the individually identifying information of the person.

Section 2. This Act is repealed on July 1, 2021.

Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.