Labor & Employment

HB 1138 requires non-medical home care agencies in South Dakota to obtain a license from the Department of Health before operating. Agencies must submit applications, pay a fee (capped at $100), and verify that home care aides complete 10 hours of mandatory training (covering dementia care, safety, nutrition, and abuse reporting) and pass criminal background checks. The bill directly affects home care agencies, their employees (home care aides), and clients receiving services like bathing assistance, meal prep, or companionship in their homes. Operating without a license is a Class 1 misdemeanor, and agencies must maintain client records and allow department inspections.

SB 153 prohibits employment contracts from restricting community services providers (who work with individuals with developmental disabilities) from continuing to provide services after their employment ends. It makes contract clauses that block such continued service voidable, effective July 1, 2026. The law allows exceptions for provisions related to selling a practice or reasonable non-solicitation terms that comply with existing rules. This directly affects community services providers in South Dakota, ensuring they can maintain client relationships post-employment without undue contractual barriers.

SB 86 requires South Dakota state agencies to verify that public construction contractors have valid workers' compensation insurance before work begins on state-funded projects. During the project, agencies can request proof of insurance payments, subcontractor lists, and payroll records to prevent fraud. This directly affects contractors working on public improvements and state agencies managing those contracts, with the key mechanism being mandatory pre-contract verification and ongoing monitoring of insurance coverage.