January 31, 2018

Legislature in Week Four

SB 87 Sponsor Monroe (R-Pierre) - revise certain provisions regarding the lawful possession of firearms in certain location

This bill was featured in last Friday’s edition of Capitol-ism because it was approved by the Senate Judiciary Committee on a vote of 4 to 2.  The bill, as approved by the committee, mandated that businesses and public entities that posted areas as “firearm free” or had signs saying firearms were not permitted in the buildings would need to have metal detectors or trained personnel at each entrance to assure the area is indeed free of firearms.

SB 87 is scheduled to be on the Senate Floor today with its main sponsor making an amendment that will remove private businesses from the mandate to screen entrances to any building that is marked as a “firearm free area”.  The Chamber would like to thank Senator Monroe for listening to the business community and working to avoid this mandate.  Senator Monroe has a strong history of being supportive of the private sector.

“Line up of the usual suspects” – the employment bills return.

Each year there is a group of bills proposed dealing with employment laws.  While these bills are not likely to garner enough votes to pass or even get out of committee; the list below is published to let members know what some legislators are thinking about how business should be regulated in South Dakota.

SB 120 – Nesiba (D-Sioux Falls) – require minimum amount of paid sick leave.

Key provision: “ An employee is entitled to accrue paid sick leave at a rate of not less than one hour for every thirty hours worked by the employee. For the purposes of this calculation, a salaried employee shall be deemed to work forty hours per week, unless the employee's normal week of work is less than forty hours, in which case paid sick leave shall accrue based upon the hours worked in that employee's normal week of work”.

This bill was killed in Senate Commerce Committee Tuesday Morning.  Here is that committee vote:

SB 120, Senate Commerce and Energy, Deferred to the 41st legislative day - 2018

  Yeas 5   Nays 1   Excused 1   Absent 0 

SB 121 - Nesiba (D-Sioux Falls) - prohibit employers from obtaining, seeking, or using certain prior salary information

Key provision: “It is an unlawful employment practice for an employer to:

            (1)    Require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employee's own wages, or about any other employee's wages. Nothing in this Act obligates an employer to disclose an employee's wages to another employee or a third party; or

            (2)    Seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer or to require that a prospective employee's prior wage or salary history meet certain criteria.

SB 121 Will be heard on Thursday.

HB 1153 – Ahlers (D-Dell Rapids) create certain protections and accommodations for pregnant and breastfeeding mothers in their places of employment.

Section 1. That the code be amended by adding a NEW SECTION to read:

Any employer with fifty or more employees shall make reasonable accommodations for any employee related to pregnancy, childbirth, or a related condition. The term, reasonable accommodations, includes more frequent or longer breaks, time off to recover from childbirth, adjustment of seating, temporary transfer to a less strenuous or hazardous position, job restructuring, private nonbathroom space for breastfeeding, assistance with manual labor, modified work schedules, or any other reasonable request directly related to pregnancy, childbirth, or a related condition. The employer shall engage in a timely and good faith process with the employee to determine effective accommodations. However, no employer is required by this Act to create additional employment, unless the employer does so for other classes of employees that need accommodation. No employer is required to discharge any employee, transfer any employee with more seniority, or promote an unqualified employee for purposes

of the accommodation.

Section 2 of the bill restricts employers from dismissing employees for exercising the rights above.

Thank you for your support of the South Dakota Chamber of Commerce and Industry.  Join us for Business Day at the Legislature