A bill which could add steep penalties to labor agitation has been approved by a House committee. .
Despite the approval, there appears to be uncertainty of the bill’s viability – even among supporters.
HB 1166 would enhance penalties of violating the state’s “right to work” policy via intimidation from a misdemeanor to a felony-level charge, among other changes.
“Right to work” states ban employees from being forced to join a union or pay union dues. Twenty-six states have this policy.
However, there was strong debate among even yes votes on the bill, including Rapid City Republican Rep. Steve Duffy.
“I’m not a pro-union person, but this bill looks like a mess to be honest with you," Duffy said. "I’m probably going to support it either way, but it does not look like it’s been done right.”
The bill was brought by Rapid City Republican Rep. Tony Randolph. While it appears no right to work violations are happening that would reach this level, he said it’s preventative.
“I know when it comes to union issues it can be pretty touchy," Randolph said. "South Dakota isn’t necessarily anti-union, but it is pro-worker. We have a lot of folks coming from union-friendly states. This is just preemptive, if you will, to make sure our right to work laws remain strong.”
Randolph said he both feels confident in the bill’s chances and is open to amendments down the road. In turn, lobbyists and labor advocates argue the bill could be difficult to salvage and could place South Dakota in violation of federal labor law.
Lobbyist Jeremiah Murphy opposed the bill on behalf of the state Education Association.
“We just can’t afford to create new felony statutes as a message," Murphy said. "We should do it when it’s needed. If this was about dealing fentanyl or stealing catalytic converters, I think you have a case to increase the penalty.”
Despite lawmakers’ clear concern about the bill, a motion to kill the proposal by Rapid City Democrat Nicole Uhre-Balk was rejected. The bill was ultimately advanced with a do pass recommendation. It next heads to the House floor.