Juneteenth observance passes committee; private businesses not required to give paid holiday

Jan. 24—PIERRE — South Dakota, the lone state in the nation that fails to observe Juneteenth, is moving toward recognizing the holiday after the House State Affairs committee passed Friday a bill 12-1 to add the celebration to a list of legal observances — but private employers will not be required to give their employees a paid day off.

Commissioner of the South Dakota Bureau of Human Resources Darin Seeley noted that since the Biden Administration issued an executive order in 2021 designating June 19 as a federal holiday, South Dakota state law dictates the state will recognize it, too.

House Bill 1025 seeks to update the state's official list of observed holidays to increase consistency, recognizing Juneteenth in the same fashion as the state does for Christmas or Independence Day.

"As a member of the Sioux Falls community who has played a major role in bringing Juneteenth to the community ... I am absolutely for this bill being passed," said Julian Beaudion, a state trooper and former candidate for Sioux Falls City Council. "I want to thank Gov. Noem for bringing this back up after it was brought up last year."

Juneteenth is widely recognized as a commemoration of the emancipation of slaves in the United States. Beaudion serves as an organizer of Juneteenth Sioux Falls, which also uses the holiday as a celebration of Black culture.

Justin Smith, a Sioux Falls attorney and registered lobbyist, is glad the Legislature is taking up the bill, because failure to officially codify the holiday has led to confusion among businesses in the Sioux Falls area.

"Business owners and employers have to know what a holiday is for federal and state purposes. South Dakota is the only state left that does not officially recognize Juneteenth ... which leads to confusion and inconsistency for businesses," Smith said. "Our understanding of the bill would not require private employers to observe Juneteenth as a paid holiday. This is important to leave the discretion to our businesses."

When asked by committee members, Seeley pointed out Juneteenth would be a paid day off for state employees, but would not require private employers to give a day off or provide holiday pay.

"Every employer will make the decision of if they grant it off or not, that's up to the individual employer or organization," Seeley said.

After moving to advance the bill to the House floor with a do-pass recommendation, Rep. Jamie Smith, D-Sioux Falls, said he's glad to see lawmakers bringing the bill back after a Senate committee deferred a similar bill to the nonexistent 41st legislative day in 2021.

This year's bill passed the House Committee with only Rep. Spencer Gosch, R-Glenham, voting no. Gosch did not provide comment on his decision.

The bill will advance to the House floor for consideration and debate later this week.

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