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 63 establishes a State Office of Apprenticeship within South Dakota's Department of Labor and Regulation. The office will serve as the state's main agency for apprenticeships, setting standards for training programs, promoting apprenticeship opportunities, and resolving disputes between apprentices and employers. It directly affects apprentices, employers, and training programs participating in registered apprenticeships across South Dakota. The office will implement federal apprenticeship standards effective January 1, 2026, as outlined in 29 C.F.R. § 29.1-29.14.