Text of SD SB 119 (2012)

State of South Dakota EIGHTY-SEVENTH SESSION LEGISLATIVE ASSEMBLY, 2012 346T0511 SENATE BILL NO. 119 Introduced by: Senators Adelstein, Bradford, Buhl, Cutler, Frerichs, Nelson (Tom), Peters, Sutton, and Tieszen and Representatives Turbiville, Abdallah, Blake, Fargen, Feinstein, Gibson, Hawley, Hunhoff (Bernie), Lucas, Sigdestad, Street, and Wismer FOR AN ACT ENTITLED, An Act to revise the Human Relations Act to allow certain 1 discriminatory practices to be investigated by municipalities and counties. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 20-12-4 be amended to read as follows: 4 20-12-4. Any municipality or county may investigate any discriminatory practices based on 5 sex, sexual orientation, gender identity, race, color, creed, religion, ancestry, disability, familial 6 status, or national origin, with respect to employment, labor union membership, housing 7 accommodations, property rights, education, public accommodations, or public services. 8 Section 2. That § 20-13-1 be amended to read as follows: 9 20-13-1. Terms used in this chapter mean: 10 (1) "Commission," the South Dakota State Commission of Human Rights; 11 (2) "Commissioner," a member of the commission; 12 (3) "Court," the circuit court in and for the judicial circuit of the State of South Dakota 13 in which the alleged unfair or discriminatory practice occurred; 14 180 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.063 per page. v Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by overstrikes. - 2 - SB 119 (4) "Disability," a physical or mental impairment of a person resulting from disease, 1 injury, congenital condition of birth, or functional disorder which substantially limits 2 one or more of the person's major life functions; a record of having such an 3 impairment; or being regarded as having such an impairment which: 4 (a) For purposes of §§ 20-13-10 to 20-13-17, inclusive, is unrelated to an 5 individual's ability to perform the major duties of a particular job or position, 6 or is unrelated to an individual's qualifications for employment or promotion; 7 (b) For purposes of §§ 20-13-20 to 20-13-21.1, inclusive, is unrelated to an 8 individual's ability to acquire, rent or maintain property; 9 (c) For purposes of §§ 20-13-22 to 20-13-25, inclusive, is unrelated to an 10 individual's ability to utilize and benefit from educational opportunities, 11 programs and facilities at an educational institution. 12 This term does not include current illegal use of or addiction to marijuana as defined 13 in subdivision 22-42-1(7) or a controlled substance as defined in subdivision 22-42- 14 1(1); 15 (5) "Educational institution," any public or private institution of education and includes 16 an academy, college, elementary or secondary school, extension course, kindergarten, 17 nursery, school system, and any business, nursing, professional, secretarial, technical, 18 or vocational school, and includes any agent of such institutions; 19 (6) "Employee," any person who performs services for any employer for compensation, 20 whether in the form of wages, salary, commission, or otherwise; 21 (7) "Employer," any person within the State of South Dakota who hires or employs any 22 employee, and any person wherever situated who hires or employs any employee 23 whose services are to be partially or wholly performed in the State of South Dakota; 24 - 3 - SB 119 (8) "Employment agency," any person regularly undertaking, with or without 1 compensation, to procure employees for an employer or to procure for employees 2 opportunities to work for an employer and includes any agent of such a person; 3 (9) "Familial status,"the relationship of individuals by birth, adoption, or guardianship 4 who are domiciled together; 5 (10) "Gender identity," the gender-related identity, appearance, mannerisms, or other 6 gender-related characteristics of an individual, with or without regard to the 7 individual's designated sex at birth; 8 (11) "Labor organization," includes any person, employee representation committee, plan 9 in which employees participate, or other organization which exists wholly or in part 10 for the purpose of dealing with employers concerning grievances, labor disputes, 11 wages, rates of pay, hours, or other terms or conditions of employment; 12 (11)(12) "Person," includes one or more individuals, partnerships, associations, limited 13 liability companies, corporations, unincorporated organizations, mutual 14 companies, joint stock companies, trusts, agents, legal representatives, 15 trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, 16 public corporations, and the State of South Dakota, and all political 17 subdivisions and agencies thereof; 18 (12)(13) "Public accommodations," any place, establishment, or facility of whatever 19 kind, nature, or class that caters or offers services, facilities, or goods to the 20 general public for a fee, charge, or gratuitously. Public accommodation does 21 not mean any bona fide private club or other place, establishment, or facility 22 which is by its nature distinctly private, except when such distinctly private 23 place, establishment, or facility caters or offers services, facilities, or goods to 24 - 4 - SB 119 the general public for fee or charge or gratuitously, it shall be deemed a public 1 accommodation during such period of use; 2 (13)(14) "Public service," any public facility, department, agency, board, or 3 commission, owned, operated, or managed by or on behalf of the State of 4 South Dakota, any political subdivision thereof, or any other public 5 corporation; 6 (14)(15) "Real estate broker" and "real estate salesman," real estate broker and real 7 estate salesman as defined by § 36-21A-6 or as licensed pursuant to § 36-21A- 8 47; 9 (15)(16) "Real property," any right, title, interest in or to the possession, ownership, 10 enjoyment, or occupancy of any parcel of land, any building situated thereon, 11 or any portion of such building; 12 (16)(17) "Sexual orientation," means homosexuality, heterosexuality, or bisexuality; 13 (18) "Unfair or discriminatory practice," any act or attempted act which because of race, 14 color, creed, religion, sex, ancestry, disability, or national origin accords unequal 15 treatment or separation or segregation of any person, or denies, prevents, limits, or 16 otherwise adversely affects, or if accomplished would deny, prevent, limit, or 17 otherwise adversely affect, the benefit or enjoyment by any person of employment, 18 labor union membership, housing accommodations, property rights, education, public 19 accommodations, and public services. 20