21.155.14 96th Legislative Session 400

2021 South Dakota Legislature

Senate Bill 3


An Act

ENTITLED An Act to enforce directives regarding contagious disease control.

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. [Effective July 1, 2021] 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 confirmed to be infected with an active tuberculosis, 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, or for the period beginning July 1, 2021, and ending June 30, 2022, severe acute respiratory syndrome coronavirus 2, which causes the disease known as COVID-19, and if 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.

Nothing in this section authorizes the department to compel a person to be vaccinated.

An Act to enforce directives regarding contagious disease control.

I certify that the attached Act originated in the:

Senate as Bill No. 3

Secretary of the Senate

President of the Senate


Secretary of the Senate

Speaker of the House


Chief Clerk

Senate Bill No. 3

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.


for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021




Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State


Asst. Secretary of State