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prohibit discrimination based on a person's vaccination status or possession of an immunity passport and to declare an emergency.
HB 1262 would prohibit South Dakota employers, schools, and other entities from discriminating against people based on their vaccination status or whether they possess an "immunity passport" (proof of vaccination). The bill declares this change an emergency so it can take effect immediately rather than waiting for the normal delayed implementation.
provide for remote work for employees of money lending licensees and mortgage lender businesses.
HB 1271 allows employees of money lending companies and mortgage lenders to work remotely instead than requiring them to work on-site. The bill modifies the state's licensing requirements for these businesses to permit remote work arrangements while still maintaining oversight of their operations.
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.
Employees who are required by their employer to get vaccinated as a condition of employment can now sue their employer for damages if they claim the vaccination caused them injury or illness. The bill removes any legal protections or liability limits employers might otherwise have against such lawsuits. This applies to all employers in South Dakota, including private companies, the state government, and local governments.
clarify when a delivery facilitation contractor may be considered an independent contractor.
This bill establishes clear rules for when delivery drivers working for app-based platforms (like DoorDash or Uber Eats) can legally be classified as independent contractors rather than employees. Under this law, delivery platforms can treat drivers as independent contractors only if they have a written agreement, don't force drivers to work set hours, allow drivers to work for competitors, and can't fire drivers just for declining delivery requests. This protects gig workers from overly restrictive employment practices while allowing platforms to maintain contractor relationships.
prohibit certain activities related to a person's COVID-19 vaccination status and provide a penalty therefor.
South Dakota prohibits the state, local governments, and private employers from issuing vaccine passports, sharing COVID-19 vaccination records, or requiring proof of COVID-19 vaccination for employment, entry to businesses, or participation in events. Violations result in a Class 1 misdemeanor and a $10,000 civil fine per violation. The law does not prevent COVID-19 screening protocols designed to protect public health.
extend unemployment insurance benefits to individuals who are unemployed because of their refusal to obtain a COVID-19 vaccination.
HB1224 would allow workers who lose their jobs because they refuse to get a COVID-19 vaccination to still receive unemployment insurance benefits. Currently, South Dakota law typically denies unemployment benefits to people who are fired for not following employer requirements, but this bill would create an exception for vaccine refusal specifically.
Celebrating the Howard High School football team for winning the Class 9A state championship.
This resolution celebrates the Howard High School football team for winning the Class 9A state championship. The bill makes technical amendments to unrelated South Dakota statutes on motorized scooters and transportation matters, but these appear to be procedural adjustments rather than substantive policy changes.
include a common paymaster as within the meaning of employing unit.
This bill expands South Dakota's unemployment insurance law to formally recognize "common paymasters" as employers. A common paymaster is a business entity that handles payroll and pays employees for two or more related companies, and under this change, the common paymaster is now considered an employing unit responsible for unemployment insurance purposes.
prohibit the enforcement of contracts limiting competition on certain matters of conscience.
This bill makes non-compete agreements unenforceable if an employer required an employee to get a COVID-19 vaccination against the employee's religious or moral beliefs. The change allows employees to work for competitors or start rival businesses after leaving their job, even if they previously signed a contract promising not to do so, as long as they can claim the vaccine mandate violated their conscience.
remove collective bargaining for school district employees.
This bill removes school district employees from South Dakota's public employee collective bargaining law, meaning teachers and other school workers would no longer have the right to negotiate contracts as a group. Currently, school district employees are included in the definition of "public employees" who can collectively bargain, but this change would exclude them from that protection.
protect an individual's conscience from entities requiring the COVID-19 vaccine.
South Dakota employers that require employees to receive COVID-19 vaccines must now allow workers to claim medical, religious, or natural immunity exemptions instead. Employees can use these exemptions by submitting a form to their employer—medical exemptions require a doctor's certification of a health condition that contraindicates vaccination, while religious exemptions only require a signed statement that the employee objects on religious, moral, or ethical grounds.
revise provisions regarding the sale or service of alcoholic beverages by persons under the age of twenty-one.
This bill allows 18-year-olds to sell or serve alcoholic beverages (but not tend bar or mix drinks) at businesses where alcohol makes up less than half the sales, or when a person 21 or older is present. It also permits 19-year-olds who complete an alcohol management certification program to fully handle alcohol service (including mixing and pouring) in smaller cities, as long as someone at least 20 years old is on site.
recognize hair discrimination as an unfair or discriminatory practice.
South Dakota employers can no longer refuse to hire, train, or promote someone based on their hair texture, type, or hairstyle—making hair discrimination an illegal employment practice. Employers can only enforce hair-related rules if they're genuinely needed for health and safety reasons, applied equally to everyone, and arrived at in good faith. The South Dakota National Guard is exempt from this rule and can maintain its own grooming standards.
provide protections and workplace safety for meat and poultry processing workers.
This bill creates new workplace safety requirements for meat and poultry processing facilities with at least 100 workers, requiring them to establish committees to develop and implement worker safety programs. It also establishes a meatpacking industry worker rights coordinator position to oversee these protections and defines which businesses must comply (slaughterhouses, processing plants, and egg production facilities, but not grocery stores or restaurants). The law expands the definition of "worker" to include temporary workers and contractors, ensuring broader safety protections across the processing facility workforce.
revise certain definitions in laws regarding physical therapists.
SB 86 updates the definitions of physical therapists and physical therapist assistants in South Dakota law to include those who hold a "compact privilege"—a credential that allows licensed practitioners from other states to practice in South Dakota under an interstate agreement. The changes clarify that both physical therapists and their assistants with compact privileges have the same legal standing as those licensed directly by South Dakota.
establish employees' exemptions from employer-imposed COVID-19 vaccine requirements.
South Dakota employers cannot require their employees to receive COVID-19 vaccinations if the employee provides a doctor's letter stating the vaccine is medically unsafe, a signed statement objecting on religious or moral grounds, or proof of immunity from a prior COVID-19 infection. This new exemption does not apply to South Dakota National Guard members, who remain subject to federal vaccine requirements.
allow certain medical professionals to dispense ivermectin to persons.
HB 1267 allows certain medical professionals—beyond just physicians—to dispense ivermectin directly to patients without requiring a prescription from a doctor. The bill expands who can distribute this medication by amending the state's pharmacy and medical practice laws to permit qualified healthcare providers to provide ivermectin to people seeking it.
update references to certain federal motor carrier regulations.
South Dakota updates its adoption of federal motor carrier safety regulations to reflect the most current versions as of January 1, 2022, instead of 2021. The bill also clarifies that intrastate drivers (those operating within South Dakota) are exempt from federal physical certification requirements unless their employer specifically requires it. These changes keep the state's trucking safety standards aligned with the latest federal regulations.