An Act to require the consideration of certain definitions when investigating unfair or discriminatory practices.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   20-13-1 be AMENDED:

20-13-1. Terms used in this chapter mean:

(1) "Anti-black sentiment," actions or behaviors that minimize, marginalize, or devalue the full participation of black people in life, including unconscious bias and motivated acts of prejudice and violence;

(2) "Anti-immigrant sentiment" "anti-refugee sentiment," prejudice, discrimination, harassment, opposition, or hostility toward individuals perceived to be from a different country;

(3) "Anti-Indian sentiment," actions or behaviors that denigrate, demonize, or insult being an Indian in the United States, including the use of historical events to blame Indians for historical events, treating Indians and tribes as nonexistent, exploiting or distorting Indian culture or belief, or suggesting that Indian nationhood should be disavowed or devalued;

(4) "Commission," the South Dakota State Commission of Human Rights;

(2)(5) "Commissioner," a member of the commission;

(3)(6) "Court," the circuit court in and for the judicial circuit of the State of South Dakota in which the alleged unfair or discriminatory practice occurred;

(4)(7) "Disability," a physical or mental impairment of a person resulting from disease, injury, congenital condition of birth, or functional disorder which substantially limits one or more of the person's major life functions; a record of having such an impairment; or being regarded as having such an impairment which:

(a) For purposes of    20-13-10 to 20-13-17, inclusive, is unrelated to an individual's ability to perform the major duties of a particular job or position, or is unrelated to an individual's qualifications for employment or promotion;

(b) For purposes of    20-13-20 to 20-13-21.1, inclusive, is unrelated to an individual's ability to acquire, rent or maintain property;

(c) For purposes of    20-13-22 to 20-13-25, inclusive, is unrelated to an individual's ability to utilize and benefit from educational opportunities, programs and facilities at an educational institution.

This term does not include current illegal use of or addiction to marijuana as defined in subdivision 22-42-1(7) or a controlled substance as defined in subdivision 22-42-1(1);

(5)(8) "Educational institution," any public or private institution of education and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system, and any business, nursing, professional, secretarial, technical, or vocational school, and includes any agent of such institutions;

(6)(9) "Employee," any person who performs services for any employer for compensation, whether in the form of wages, salary, commission, or otherwise;

(7)(10) "Employer," any person within the State of South Dakota who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the State of South Dakota;

(8)(11) "Employment agency," any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer and includes any agent of such a person;

(9)(12) "Familial status," the relationship of individuals by birth, adoption, or guardianship who are domiciled together;

(13) "Homophobia," the hatred or fear of lesbian, gay, bisexual, queer, intersex, or asexual people, including prejudice, discrimination, harassment, and acts of violence brought on by the hatred or fear of lesbian, gay, bisexual, queer, intersex, or asexual people;

(14) "Indian," an individual of or descended from any of the indigenous peoples of North, Central, or South America, including a member of any federally recognized Indian tribe indigenous to what is now the continental United States;

(10)(15) "Intern," a student or trainee who works, sometimes without pay, at an organization, industry, trade, or occupation in order to gain work experience or earn academic credit;

(16) "Islamophobia," the fear, prejudice, discrimination, and hatred of Muslims or those perceived to be Muslim that leads to provocation, hostility, and intolerance by means of threat, harassment, abuse, incitement, or intimidation of Muslims or those perceived to be Muslim;

(11)(17) "Labor organization," includes any person, employee representation committee, plan in which employees participate, or other organization which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment;

(12)(18) "Person," includes one or more individuals, partnerships, associations, limited liability companies, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations, and the State of South Dakota, and all political subdivisions and agencies thereof;

(13)(19) "Public accommodations," any place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee, charge, or gratuitously. Public accommodation does not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the general public for fee, charge, or gratuitously, it shall be deemed a public accommodation during such period of use;

(14)(20) "Public service," any public facility, department, agency, board, or commission, owned, operated, or managed by or on behalf of the State of South Dakota, any political subdivision thereof, or any other public corporation;

(15)(21) "Real estate broker" and "real estate salesman," real estate broker and real estate salesman as defined by   36-21A-6 or as licensed pursuant to   36-21A-47;

(16)(22) "Real property," any right, title, interest in or to the possession, ownership, enjoyment, or occupancy of any parcel of land, any building situated thereon, or any portion of such building;

(17)(23) "Service animal in training," any dog undergoing individual training to provide specific disability-related work or service for an individual with a disability. Dogs are recognized as being in training to provide disability-specific assistance only after they have completed basic obedience training and are housebroken;

(18)(24) "Service animal trainer," any person who trains service animals for individuals with disabilities as an employee, contractor, or volunteer of a nationally recognized service animal training program;

(25) "Sexism," harassment, discrimination, or prejudice based on sex, gender, gender identity, or gender expression;

(26) "Transphobia," the dislike, fear, or prejudice against any individual based on the individual's gender identity differing from the individual's sex assigned at birth, or against the transgender community as a whole;

(19)(27) "Unfair or discriminatory practice," any act or attempted act which because of race, color, creed, religion, sex, ancestry, disability, or national origin accords unequal treatment or separation or segregation of any person, or denies, prevents, limits, or otherwise adversely affects, or if accomplished would deny, prevent, limit, or otherwise adversely affect, the benefit or enjoyment by any person of employment, labor union membership, housing accommodations, property rights, education, public accommodations, and public services.

Section 2. That a NEW SECTION be added to chapter 20-13: