South Dakota 2025 Regular Session

South Dakota House Bill HB1166 Compare Versions

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1-25.17.24 100th Legislative Session 1166
1+25.17.23 100th Legislative Session 1166
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44 2025 South Dakota Legislature
55 House Bill 1166
6-HOUSE ENGROSSED
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1212 Introduced by: Representative Randolph
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1414 Underscores indicate new language.
1515 Overstrikes indicate deleted language.
1616 An Act to enhance penalties for the violation of right-to-work statutes and to provide 1
1717 a penalty therefor. 2
1818 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
1919 Section 1. That § 60-8-6 be AMENDED: 4
20-Any An individual is guilty of a Class 1 misdemeanor if the individual makes a 5
21-solicitation or request to join a labor union, organization made by any person , or 6
22-association to any an employee, accompanied by threats a credible threat of injury to the 7
23-employee or members a member of the employee's family, or damage. 8
24-An individual is guilty of a Class 1 misdemeanor if the individual makes a solicitation 9
20+Any An individual is guilty of a Class 6 felony if the individual makes a solicitation 5
21+or request to join a labor union, organization made by any person, or association to any 6
22+an employee, accompanied by threats a credible threat of injury to the employee or 7
23+members a member of the employee's family, or damage. 8
24+An individual is guilty of a Class 2 misdemeanor if the individual makes a solicitation 9
2525 or request to join a labor union, organization, or association to an employee, accompanied 10
2626 by a credible threat of: 11
2727 (1) Damage to property, of the employee; or loss 12
2828 (2) Loss or impairment of present or future employment of the employee , is a Class 2 13
2929 misdemeanor. 14
3030 For the purposes of this section, the term "credible threat" means a threat made 15
3131 with the intent and the apparent ability to carry out the threat. A credible threat need not 16
3232 be expressed verbally. 17
3333 Section 2. That § 60-9-7 be AMENDED: 18
34-60-9-7. No An officer, agent, or employee of any a private labor union, association, 19
35-or organization may not enter, without the consent of the owner or operator employer, in 20
36-or upon any ranch, farm, feed yard, shearing plant, or other agricultural premise any work 21
37-premises, for the purpose of collecting: 22
34+60-9-7. No An officer, agent, or employee of any a public or private labor union, 19
35+association, or organization may not enter, without the consent of the owner or operator 20
36+employer, in or upon any ranch, farm, feed yard, shearing plant, or other agricultural 21
37+premise any work premises, for the purpose of collecting: 22
3838 (1) Collecting dues, fines, or assessments, or to solicit; 23
3939 (2) Soliciting membership in any union, order a labor union, association, or 24
40-organization; 25 25.17.24 2 1166
40+organization; 25 25.17.23 2 1166
4141 Underscores indicate new language.
4242 Overstrikes indicate deleted language.
4343 (3) Ordering or promote any promoting a strike, or in any other way interfere; or 1
4444 (4) Interfering in any other way with the activities of any a person employed on such 2
4545 premises or assigned to the work premises. 3
4646 Violation A violation of this section is a Class 2 misdemeanor. 4
4747 Section 3. That § 60-10-4 be AMENDED: 5
4848 60-10-4. No person shall picket, aid in the picketing of, or order to be picketed, 6
4949 the home of any employee or worker on any ranch, farm, feed yard, shearing plant, or 7
5050 other agricultural premise. 8
5151 Violation A violation of this section is a Class 2 misdemeanor. 9
5252 Section 4. That § 60-10-10 be AMENDED: 10
53-60-10-10. It is a Class 2 misdemeanor Class 1 misdemeanor for any a 11
54-person,singly alone or in concert with others, to interfere or attempt to interfere with 12
55-another person in the exercise of his the person's right to work or of his right to enter 13
56-upon the performance of any lawful employment or vocation, by the use of force, 14
57-threatening acts, violence, or acts of intimidation. 15
53+60-10-10. It is a Class 2 misdemeanor Class 6 felony for any a person, singly 11
54+alone or in concert with others, to interfere or attempt to interfere with another person in 12
55+the exercise of his the person's right to work or of his right to enter upon the performance 13
56+of any lawful employment or vocation, by the use of force, threatening acts, violence, or 14
57+acts of intimidation. 15
5858 Section 5. That § 60-10-11 be AMENDED: 16
59-60-10-11. It is a Class 2 misdemeanor Class 1 misdemeanor for any a person, 17
60-alone or in concert with others, to engage in picketing by force or violence, or. 18
59+60-10-11. It is a Class 2 misdemeanor Class 6 felony for any a person, alone or 17
60+in concert with others, to engage in picketing by force or violence, or. 18
6161 It is a Class 2 misdemeanor to picket, alone or in concert with others, in such a 19
6262 manner as to obstruct or interfere with free ingress or egress to and from any a premises, 20
6363 or to obstruct or interfere with the free use of public streets, sidewalks, or other public 21
6464 ways. 22
6565 Section 6. That § 60-10-12 be AMENDED: 23
66-60-10-12. It is a Class 2 misdemeanor Class 1 misdemeanor for any a person or 24
67-group of persons, employee or employees, or any labor union, association or organization, 25
68-to use or engage in, or threaten to use or engage in, violence, or intimidation or unlawful 26
66+60-10-12. It is a Class 2 misdemeanor Class 6 felony for any a person or group 24
67+of persons, employee or employees, or any labor union, association or organization, to 25
68+use or engage in, or threaten to use or engage in, violence, or intimidation or unlawful 26
6969 destruction or seizure of property in: 27
7070 (1) In connection with a labor dispute or as a means of forcing settlement of a labor 28
71-dispute involving any an employer, or in; 29 25.17.24 3 1166
71+dispute involving any an employer, or in; 29 25.17.23 3 1166
7272 Underscores indicate new language.
7373 Overstrikes indicate deleted language.
7474 (2) In connection with any an organizational activity of a labor union, organization, or 1
7575 association among the employees of any employer , or for; 2
7676 (3) For the purpose of compelling any a person to join or become a member of a labor 3
7777 union, organization, or association; or 4
7878 (4) As retaliation for not being a member of a labor union, organization, or association. 5
7979 Section 7. That a NEW SECTION be added to chapter 60-10: 6
8080 It is a Class 1 misdemeanor for a person to use or engage in the unlawful 7
8181 destruction or seizure of property: 8
8282 (1) In connection with a labor dispute or as a means of forcing settlement of a labor 9
8383 dispute involving an employer; 10
8484 (2) In connection with an organizational activity of a labor union, organization, or 11
8585 association among the employees of any employer; or 12
8686 (3) For the purpose of compelling a person to join or become a member of a labor 13
8787 union, organization, or association. 14
8888 Section 8. That § 60-9-8 be REPEALED. 15
8989 No person may solicit or accept any money, or other thing of value, for services 16
9090 rendered, claimed to have been rendered, or promised, to any employer of the class 17
9191 mentioned in § 60-9-7, by reason of the labor union connection or association of the 18
9292 person. Violation of this section is a Class 2 misdemeanor. 19