Search Bills
Search by bill number, title, description, or keyword
Search by bill number, title, description, or keyword
require employment verification eligibility through the e-verify program and to provide a penalty therefor.
South Dakota employers would be required to verify that new employees are legally eligible to work through the federal E-Verify program and maintain records of that verification. Employers who fail to comply face civil penalties of $2,000 per violation, which the attorney general can pursue. Additionally, individuals who knowingly provide false information to an employer to avoid E-Verify checks would face criminal penalties as a Class 1 misdemeanor.
restrict the use of a cell phone by a student during the school day.
South Dakota schools must prohibit students from using cell phones during the school day, with exceptions only for approved medical or educational needs and genuine emergencies. Each school district's board will adopt its own policy to enforce this rule and decide what disciplinary actions students face for violations.
amend provisions pertaining to the required criminal background investigation of certain school employees.
HB1003 modifies South Dakota's rules for criminal background checks of school employees by clarifying who must undergo fingerprint checks through state and federal law enforcement agencies. The bill expands an exemption so that instructors employed by certain entities (the text appears cut off, but likely refers to specific organizations or programs) are no longer required to submit to these background investigations. These changes streamline background check requirements while creating exceptions for particular types of school-related employment.
adopt the physician assistant licensure compact.
South Dakota is joining a multi-state agreement that allows physician assistants (PAs) licensed in one participating state to practice in South Dakota without obtaining a separate license, as long as they have an unrestricted license in good standing from their home state. This compact makes it easier for PAs to work across state lines and helps military families relocate without losing their ability to practice. South Dakota's medical licensing board will still have the authority to discipline PAs practicing in the state.
clarify authority for the Cosmetology Commission to credit work experience for educational hours for certain out-of-state licensure applicants, and to require the commission to promulgate rules therefor.
This bill requires the South Dakota Cosmetology Commission to allow out-of-state applicants seeking a cosmetology license to count their work experience toward the required educational hours, making it easier for people already working in the field elsewhere to get licensed in South Dakota. Currently, the Commission could make rules about this credit system at its discretion, but this bill makes it mandatory. The change removes a barrier for experienced cosmetologists, nail technicians, and estheticians moving to or relocating within South Dakota.
prohibit certain restrictions in employment contracts for community services providers.
Starting July 1, 2026, employers cannot use employment contracts to prevent community services providers from working with individuals with developmental disabilities after they leave their job, unless the contract involves a practice sale or restricts them from directly recruiting the former employer's current clients. This law makes such restrictive covenants voidable (unenforceable), giving workers more freedom to continue their profession with a new employer while still allowing employers to protect their existing client relationships.
modify requirements for payment of the employer's investment in South Dakota's future fee.
South Dakota employers must pay an "investment fee" on wages to support the unemployment compensation system, and this bill allows employers to opt out of paying this fee starting in 2026. The bill modifies the fee rate structure by replacing the previous fixed rates with a new system that ties employer fees to their reserve ratio—employers with stronger financial reserves pay lower fees (as low as 0.30%), while those with weaker reserves pay higher fees (up to 0.53%). This creates a performance-based fee system designed to encourage employers to maintain healthier unemployment reserves.
prohibit certain persons from requiring genetic-based vaccinations.
This bill prohibits employers and government agencies from requiring employees to receive vaccines developed using genetic material technology (such as mRNA vaccines) as a condition of employment or treatment during public health emergencies. It also clarifies that individuals suspected of having serious communicable diseases cannot be forced to accept genetic-based vaccines as part of their treatment, though they may still be required to accept other diagnoses and treatments.
prohibit COVID-19 vaccination requirements and to provide a penalty therefor.
This bill prohibits employers, schools, state agencies, and other entities from requiring people to get COVID-19 vaccinations as a condition of employment, enrollment, or receiving services or benefits. Anyone who violates this prohibition can be charged with a Class 2 misdemeanor, which is a criminal offense.
adopt the respiratory care interstate compact.
South Dakota will adopt an interstate compact that allows respiratory therapists licensed in other states to practice in South Dakota without obtaining a separate state license, streamlining access to respiratory care services across state lines. The bill also requires respiratory care license applicants in South Dakota to undergo state and federal criminal background checks, with fingerprints submitted to state and federal authorities, before the state board can issue a license.
limit the use of taxpayer funds and resources by a public education employer to support a labor organization or affiliate and to provide a penalty therefor.
This bill prohibits public school employers from using taxpayer money or resources to support labor unions or union-related activities, such as political campaigns, lobbying, union organizing, or union meetings and training. Schools that violate the ban would face penalties under this new law.
adopt the athletic trainer licensure compact.
South Dakota is joining an interstate agreement that allows athletic trainers licensed in one member state to practice in other member states without getting separate licenses in each state. The bill requires athletic trainers who want to participate in this compact to undergo a fingerprint-based criminal background check at their own expense. This change streamlines the licensing process for athletic trainers who work across state lines while maintaining state oversight of the profession.
define nonpublic school.
South Dakota law now defines "nonpublic school" as a privately-governed school (not run by a public school board) that teaches math and English language to school-age children. Nonpublic schools can charge tuition and limit enrollment, but they cannot receive the main state education funding that public schools get, though they may receive grants or other special state funds. Teachers at nonaccredited private schools are not required to hold state teaching certificates.
require that the Department of Education provide for the compensation of a teacher employed by a school district.
This bill shifts teacher pay from individual school districts to the state Department of Education, which will now use state general appropriation money to pay teachers' salaries and benefits based on a standardized schedule set by the Board of Education Standards. School districts can no longer set teacher compensation independently but are limited to hiring only a certain number of teachers based on a state-established target ratio. The bill repeals several existing provisions related to local teacher compensation decisions and replaces them with a statewide salary system that accounts for teacher certification demand, education level, and experience.
clarify provisions related to the licensure of certified social workers in private, independent practice and establish an alternative to the licensure examination.
This bill allows certified social workers to become licensed for private practice either by passing an exam or by meeting additional professional experience requirements instead. The bill clarifies eligibility rules for private practice licensure and notes that those who use the experience alternative cannot participate in the interstate Social Work Licensure Compact.
discontinue the issuance of new Class B electrician licenses.
South Dakota will stop issuing new Class B electrician licenses after June 30, 2026, though electricians already licensed at that date can keep their licenses and continue working. The change amends the definition of "Class B electrician" to specify they must have been licensed before the July 1, 2026 deadline. This effectively phases out the Class B license category while allowing current holders to practice indefinitely.
require that any holder of a commercial driver license in this state must be proficient in the English language, and to provide a penalty therefor.
South Dakota would require that all commercial driver license holders be proficient in English, adding a new qualification to the existing requirements for getting or keeping a commercial license. The bill amends the state's commercial driver licensing law to include this English proficiency standard alongside current requirements like driver training and passing knowledge and skills tests. Violating this requirement would result in a penalty, though the bill text provided doesn't specify what that penalty would be.