HB 1217 — limit the use of taxpayer funds and resources by a public education employer to support a labor organization or affiliate and to provide a penalty therefor.

26.827.1326.827.14 101st Legislative Session 1217 South Dakota Legislature House Bill 1217 HOUSE EDUCATION ENGROSSED Introduced by:

26.827.1326.827.14 2 1217 (h) Represent or speak on behalf of a labor organization or an affiliate in any setting, venue, or procedure in which the public education employer is not a participant;

26.827.1326.827.14 3 1217 (5) Distributing communications or membership solicitations on behalf of a labor organization or affiliate;

(6) Favoring or endorsing any labor organization;organization or affiliate over another labor organization or an entity governed by chapters 47-22 to 47-28, inclusive;

(7) DenyingContributing any labor organization or entity governed by chapters 47-22 to 47-28, inclusive, access to or use of the public educationmoneys employer'sto, meetings, events, communications systems, computer systems, facilities, equipment, supplies, or otherotherwise resourcesexpending if the public educationmoneys employeron permitsbehalf similarof, accessa to another labor organization or affiliate;

or (8) ContributingExcept publicas moneys,otherwise provided in section 3 of this Act, providing any form of compensation or otherwisepaid expendleave publicto moneysan onemployee, behalfdirectly of,or aindirectly, for the purpose of engaging in labor organization oractivities. affiliate;

or (9) Except as otherwise provided in section 3 of this Act, providing any form of compensation or paid leave to an employee, directly or indirectly, for the purpose of engaging in labor organization activities.

ATo the extent a public education employer is authorized to engage in collective bargaining under chapter 3-18, the public education employer may enter into a contract or agreement with a labor organization to permit an employee to:

(1) Take time off from the employee's work, without pay or benefits, to engage in labor organization activities, for which the employee may be compensated by a labor organization;

and (3) Engage in representational activities during working hours, while employed with the public education employer, without the loss of pay or benefits, if:

(b) Upon receipt of the statement provided pursuant to subsection (a), the public education employer calculates the pro rata value of wages and benefits paid to or accrued by each employee for the time spent engaged Overstrikes indicate deleted language.

26.827.1326.827.14 4 1217 (b) Upon receipt of the statement provided pursuant to subsection (a), the public education employer calculates the pro rata value of wages and benefits paid to or accrued by each employee for the time spent engaged in a representationrepresentational activity and submits an invoice to the labor organization for the amounts calculated;

The civil penalty may be assessed and recovered only in a civil action by the attorney general.

Any person may file a complaint alleging a violation of section 2 or 3 of this Act, with the attorney generalgeneral. or the state's attorney for the county in which a violation is alleged to have occurred.