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Enhance penalties for the violation of right-to-work statutes and to provide a penalty therefor.
South Dakota's right-to-work laws are being strengthened with tougher penalties for union organizers who use threats or intimidation. The bill makes it a felony to solicit union membership using threats of physical injury, and a misdemeanor to use threats of property damage or job loss, while also tightening restrictions on union representatives entering work premises without permission.
Urging the United States Congress and the President of the United States to remove the requirement of a project labor agreement for federal construction projects.
This resolution asks the federal government to eliminate the requirement that construction contractors on federal projects (like those at Ellsworth Air Force Base in South Dakota) must sign union agreements. South Dakota argues this federal requirement conflicts with the state's right-to-work law, which allows workers to choose whether or not to join a labor organization.
Provide for the revision and eventual repeal of the employer's investment in South Dakota's future fee.
HB1186 modifies South Dakota's employer investment fee (a charge on wages paid into the unemployment compensation fund) by updating the formula that determines fee rates based on each employer's reserve ratio, with changes taking effect for calendar year 2024 and beyond. The bill adjusts the reserve ratio thresholds and corresponding fee percentages in the rate schedule, generally lowering the investment fees employers must pay as their reserve ratios improve. This represents a revision of the existing fee structure rather than a complete repeal, though the bill's title indicates eventual repeal may be planned.
Establish informational and membership requirements for a labor union, organization, or association and provide a penalty therefor.
South Dakota labor unions and similar organizations must now provide new members with written information about membership benefits, obligations, and how membership fees are spent and distributed to other organizations. The bill also requires these organizations to allow members to withdraw at any time and receive a prorated refund of dues within 30 days. Violations of these requirements are classified as Class 2 misdemeanors.
Provide an exception for employers to acquire and distribute opioid antagonists that are available over the counter.
HB 1141 allows employers to freely acquire and distribute over-the-counter opioid antagonists (like naloxone/Narcan) to employees and the public without needing to follow the strict protocols currently required for prescription versions, such as having a licensed health care professional dispense them or providing specific training. The bill also protects employers and their staff from liability if someone is harmed or dies from the administration, self-administration, or failure to administer an over-the-counter opioid antagonist, as long as there's no gross negligence involved.
Reduce employer contribution rates and increase the administrative fee rate for reemployment assistance.
SB 26 lowers the employer contribution rates that fund South Dakota's unemployment insurance (called reemployment assistance) by reducing rates across all three tax schedules by 0.5 percentage points. The bill also increases the administrative fee rate that employers pay to support the program's operations. These changes are intended to provide tax relief to employers while maintaining adequate funding for unemployment benefits and program administration.
Address the imposition of firearm restrictions on certain employees, officers, volunteers, and other individuals.
This bill prevents counties, townships, and cities from restricting their employees, officers, and volunteers from carrying concealed firearms in government buildings, facilities, vehicles, and on government property. The restriction applies to any method of imposing such limits, including policies, written guidance, or verbal directives. The bill essentially overrides local government decisions to prohibit guns in their own workplaces.
Revise licensure and supervision requirements for physical therapists and physical therapist assistants.
SB 110 updates South Dakota's rules for licensing physical therapists by clarifying that applicants must file a written application and removing outdated accreditation references that are no longer used. The bill also streamlines English proficiency requirements for foreign-trained applicants by allowing them to take any board-approved English exam instead of only the TOEFL test.
Repeal a requirement regarding possession of a registry card.
HB1124 repeals a law that previously required people to carry a registry identification card to use an affirmative defense related to cannabis possession under South Dakota law. After this change, people can use that legal defense without needing to possess or show a registry card.