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create the Center for American Exceptionalism at Black Hills State University, make an appropriation therefor, and declare an emergency.
This bill establishes a new Center for American Exceptionalism at Black Hills State University and appropriates state funding to create and operate it. The bill declares an emergency, which means the funding becomes available immediately rather than waiting for the normal budget process.
lower the state sales tax rate and the state use tax rate on food to zero percent.
HB 1075 eliminates South Dakota's sales and use tax on food purchases by lowering the tax rate to zero percent. This change would remove the current tax that South Dakotans pay when buying groceries and other food items, effectively making food purchases tax-free in the state.
require a case management service provider to disclose communications to an employee.
This bill requires case management service providers handling workers' compensation cases to notify injured employees that they can attend conversations between the provider and the employee's medical provider, either in person or by phone/video. The provider must also give employees copies of any written communications about their eligibility for benefits and summaries of discussions with medical providers about their case.
Celebrating the profound commitment and accomplishments of Dr. Rick and Valerie Melmer in developing leaders in South Dakota.
This is a ceremonial resolution that doesn't change any state law. The House of Representatives is expressing appreciation for Dr. Rick and Valerie Melmer's work in developing leaders in South Dakota.
require employers to disclose compensation or range of compensation to applicants and employees.
South Dakota employers with 100 or more employees must now list the salary or hourly pay range (plus benefits) in all job postings, whether posted online or on paper. Employers must keep records of these salary ranges and job descriptions for as long as workers are employed, and workers can report violations to the Department of Labor and Regulation.
create provisions for the protection of warehouse distribution center employees.
SB 178 creates new protections for workers at warehouse distribution centers by establishing rules about how employers can track and use employee productivity data. The law defines key terms like "employee work speed data" (information about how fast workers complete tasks) and requires employers to handle this data carefully, with provisions for employee representatives to access information about how quotas and performance metrics are being used. This is a new law that sets limits on warehouse employers' ability to monitor and enforce productivity quotas without employee knowledge or input.
prohibit certain restrictive employment contracts.
This bill prohibits employers from using restrictive covenants (non-compete and non-solicitation agreements) against mental health professionals and counselors, preventing these workers from being barred from practicing in certain areas or treating existing patients after they leave a job. The bill carves out an exception to South Dakota's general non-compete law, which normally allows employers to restrict employees from competing for up to two years after employment ends. Mental health professionals will now be able to continue their practice and treat current patients anywhere without geographic or time-based restrictions from former employers.
create the South Dakota paid family leave program.
HB1151 creates a paid family leave program for South Dakota state employees who have worked for the state for at least six months, allowing them to take paid leave following the birth or adoption of a child. The state will purchase group insurance coverage through competitive bidding to provide wage replacement during this leave, following the same rules as the federal Family and Medical Leave Act. This is a new benefit that didn't previously exist for state employees.
ensure contracts made for construction and maintenance on public works be compensated to the real value of the services performed.
South Dakota would establish a prevailing wage requirement for all public works construction and maintenance projects funded by state money, requiring contractors to pay workers based on the highest wage rates and benefits paid to similar workers in that county or area. The bill caps the standard workweek at 40 hours and the workday at 8 hours, and requires contractors to pay for health, welfare, vacation, and pension benefits in addition to hourly wages. This ensures that workers on state-funded construction projects receive compensation matching what the majority of workers in their trade earn locally.
prohibit certain restrictions in employment contracts.
South Dakota law currently allows employers to restrict where employees work and which customers they can serve for up to two years after leaving a job, but this bill carves out an exception for health care providers. Health care providers can no longer be restricted from practicing medicine in any location, treating existing patients, or seeking new patients from their employer's practice—regardless of what their employment contract says. This removes the two-year restriction period that applies to other workers and gives health care providers freedom to continue practicing and serving patients anywhere after they leave.
provide a conscience exemption from a COVID-19 vaccination.
This bill creates a new "conscience exemption" that allows any person to refuse COVID-19 vaccination based on their personal beliefs about right and wrong, and they can claim this exemption either orally or in writing. Employers and schools are prohibited from firing, demoting, or removing students from programs based on someone's decision to decline COVID-19 vaccination for conscience reasons, and must inform people of this exemption right before trying to mandate vaccination. Anyone who violates these protections can be sued for damages or stopped by a court order.
revise employer contribution rates.
Starting January 1, 2024, South Dakota will lower the threshold that triggers higher unemployment insurance contribution rates for employers. Currently, employers pay higher rates (Schedule B) when the state's unemployment fund reaches a ratio of 1.60 or above, but this bill changes that threshold to 1.50, meaning employers will pay the higher rate sooner when the fund is smaller. This change makes employers contribute more to the unemployment insurance fund during economically uncertain times.
modify hours of employment for children under fourteen years of age.
South Dakota currently prohibits children under 14 from working in factories, mines, and stores, but this bill clarifies and modifies those rules by allowing work in commercial establishments only when school is not in session and pushing back the nightly cutoff from 7 p.m. to 9 p.m. The bill also removes the specific prohibition on factory and workshop employment, instead applying a general restriction to all mercantile commercial work. Violating these child labor rules remains a Class 2 misdemeanor.
authorize the state's participation in the interstate compact on occupational therapy licensure.
South Dakota will join an interstate compact that allows occupational therapists licensed in one member state to more easily practice in other member states without going through separate licensing procedures in each state. This agreement streamlines the licensing process for occupational therapists who want to work across state lines while maintaining professional standards.
revise provisions pertaining to the South Dakota School for the Deaf.
This bill revises the definition of "public employee" under South Dakota labor law, specifically to clarify which school administrators and staff are covered by public employee protections and collective bargaining rights. The changes appear to refine how the South Dakota School for the Deaf and other public schools categorize their employees for purposes of state employment laws.