Forty-day session is underway in Pierre
The 2019 session of the South Dakota Legislature convened for business Jan. 8. State Director Lindsey Riter-Rapp reports on seven bills that have immediately caught the attention of small business.
House Bills
HB 1019 An Act to require that the state pursue recoverable costs of litigation.
Sponsors: The Committee on Commerce and Energy at the request of the Bureau of Administration
Summary: This bill would require the state and its political subdivisions to seek recovery of costs if allowed by a prevailing party in a court action. It would not preclude the state or political subdivision from waiving the award of costs as a condition of settlement.
NFIB’s Position: Monitor
Status: Scheduled for hearing in House Commerce and Energy Committee on January 23.
HB 1022 An Act to revise certain provisions regarding the limitations on indemnification by the state.
Sponsors: The Committee on Commerce and Energy at the request of the Bureau of Administration
Summary: This bill would make contractual indemnification clauses in state contracts unenforceable unless indemnification is specifically appropriated by the Legislature or authorized by PEPL fund.
NFIB’s Position: Monitor
Status: Scheduled for hearing in House Commerce and Energy Committee on January 23.
HB 1034 An Act to revise certain provisions regarding unemployment insurance contribution rates.
Sponsor: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation
Summary: This bill would reduce the unemployment insurance contribution rates for employers by .05% in 2020 while still maintaining a healthy trust fund balance.
NFIB’s Position: Support
Status: Commerce and Energy Do Pass, Passed (13-0), on January 16, 2019.
HB 1035 An Act to rename the unemployment insurance program to the reemployment assistance program.
Sponsor: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation
Summary: This bill would do as the title suggests and rename the unemployment insurance program to the reemployment assistance program to more accurately reflect the intent of the program.
NFIB’s Position: Monitor
Status: Commerce and Energy Do Pass, Passed (11-2), on January 16, 2019.
Senate Bills
SB 35 An Act to revise and repeal provisions regarding revocation of occupational licenses.
Sponsor: The Committee on State Affairs at the request of the Department of Labor and Regulation
Summary: This bill would revise the provisions regarding revocation of occupational licenses for plumbers and electricians to include revocation for conviction of certain crimes of violence.
NFIB’s Position: Monitor
Status: Senate Do Pass Amended, Passed (33-0), on January 17, 2019.
SB 36 An Act to revise the membership of the State Workers’ Compensation Advisory Council.
Sponsor: The Committee on State Affairs at the request of the Department of Labor and Regulation
Summary: The bill adds a ninth member to the State Workers’ Compensation Advisory Council. The ninth member, who is appointed by the Governor, shall serve as chair.
NFIB’s Position: Monitor
Status: Senate Commerce and Energy Committee Do Pass, Passed (6-1), on January 17, 2019.
SB 37 An Act to revise certain provisions regarding association health plans.
Sponsor: Committee on Commerce and Energy at the request of the Department of Labor and Regulation
Summary: As a result of regulation changes on the federal level, SB 37 is a bill brought by the Division of Insurance to loosen the rules on Association Employee health insurance plans. One such change would be to allow insurers to offer association plans across state lines.
NFIB’s Position: Monitor
Status: Senate Commerce and Energy Committee Do Pass, Passed (6-0), on January 17, 2019.
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