2019 House Bill 1173 - Printed

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

348B0280   HOUSE BILL   NO.  1173  

Introduced by:    Representatives Jensen (Kevin), Brunner, Frye-Mueller, Goodwin, Hammock, Livermont, and Pischke and Senators Russell and Stalzer
 

        FOR AN ACT ENTITLED, An Act to permit the possession of firearms by certain employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 22-14 be amended by adding a NEW SECTION to read:
    An employer, whether public or private, may not:
            (1)    Prohibit an employee from keeping a legally owned and lawfully possessed firearm locked inside a private motor vehicle in a parking lot under the employer's control;
            (2)    Make a verbal or written inquiry of an employee regarding the presence of a firearm inside a private motor vehicle that is in a parking lot under the employer's control;
            (3)    Search the private motor vehicle of an employee to ascertain the presence of a firearm;
            (4)    Take any action against an employee based upon verbal or written statements by any other person regarding the possession of a firearm in accordance with this section;
            (5)    Condition employment upon the fact that an employee or a prospective employee holds or does not hold a permit to carry a concealed weapon;
            (6)    Condition employment upon any agreement that prohibits an employee or a

prospective employee from keeping a legally owned and lawfully possessed firearm locked inside a private motor vehicle in a parking lot under the control of the employer;

            (7)    Prohibit or attempt to prevent an employee from entering a parking lot under the control of the employer because the employee's private motor vehicle contains a legally owned and lawfully possessed firearm; or
            (8)    Terminate the employment of or otherwise discriminate against an employee for exercising the constitutional right to keep and bear firearms or for exercising the right of self-defense, so long as the firearm is not exhibited on the employer's property for any reason other than lawful defensive purposes.
    The prohibitions of this section do not apply to any property under federal jurisdiction, any school district, any correctional facility, the South Dakota Human Services Center, or the South Dakota Developmental Center.

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