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South Dakota Senate rejects resolution urging AG to sue China over COVID-19 damages
Summary
A proposed concurrent resolution urging the state attorney general to file suit against China over COVID-19 damages failed on a 17-17 tie after floor debate in the South Dakota Senate.
The South Dakota Senate on March 6 voted down House Concurrent Resolution 6,009, a measure urging the state attorney general to file suit and seek damages from the People's Republic of China and other parties over the COVID-19 pandemic, after a tie vote left the motion short of the majority needed.
The resolution’s proponent, Senator Pyszke, moved for concurrence and Senator Pischke spoke at length in favor of the measure, arguing that evidence pointing to the Wuhan laboratory and actions by Chinese authorities justified legal action. “I rise today to ask for your support in house concurrent resolution 6,009,” Pischke said on the floor, describing the aim as seeking compensatory damages and creating a victims compensation fund.
Supporters pointed to recent federal and state discussions and to other states that have pursued litigation; Pischke cited a Missouri default judgment and said Missouri is moving to seize Chinese assets to satisfy that verdict. Opponents raised legal and procedural concerns during roll call and floor debate and ultimately the chamber split evenly.
The roll call ended 17 yeas, 17 nays, with one member excused, and the president declared the motion lost. The record shows Senator Pyszke made the motion and that a second was recorded. Senator Pischke indicated intent to pursue the issue further; he later acknowledged that a planned reconsideration would not proceed immediately.
The resolution asked the attorney general to seek compensatory damages and to consider establishing a COVID victims compensation fund; it did not itself create or authorize litigation by the state. The vote left the attorney general without a formal legislative request to take the action urged by the resolution.
No formal changes in state law or spending resulted from the vote. The motion to reconsider the failed vote was announced later but the senator who made that motion withdrew his intent to reconsider before a new vote took place.
Floor debate and the tie vote were recorded during the public session of the Senate on March 6, 2025.
