Title 61 — REEMPLOYMENT ASSISTANCE
9 chapters · 371 sections in this title.
SDCL § 61-3-1 General purposes of departmental programs--Assistance, investigations, and research
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The secretary of labor and regulation, with the advice and aid of the advisory councils, and through the department's appropriate divisions, shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocati…
SDCL § 61-3-10 Judicial enforcement of departmental subpoena--Disobedience as contempt
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In case of contumacy by, or refusal to obey a subpoena issued to any person pursuant to § 61-3-7 , any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or …
SDCL § 61-3-13 SDCL 61-3-13
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Superseded.
SDCL § 61-3-14 Availability of laws, rules, and reports
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The secretary of labor and regulation shall make available for the public the text of this title, administrative rules promulgated pursuant to this title, annual reports to the Governor, and any other material the secretary deems relevant and suitable and shall furnish the same t…
SDCL § 61-3-15 SDCL 61-3-15
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Repealed by SL 1978, ch 359 , § 3.
SDCL § 61-3-16 Criminal prosecutions by attorney general or state's attorney
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Any criminal action for violation of any provision of this title or of any rule promulgated pursuant to this title shall be prosecuted by the attorney general of the state; or, at the attorney general's request and under the attorney general's direction, by the state's attorney o…
SDCL § 61-3-17 Representation of department in civil actions
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In any civil action to enforce the provisions of this title the Department of Labor and Regulation and the state may be represented by any qualified attorney who is a regular salaried employee of the department and is designated by the department for this purpose or at the depart…
SDCL § 61-3-18 Promulgation of rules to secure federal benefits
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The department shall promulgate rules pursuant to chapter 1-26 necessary to secure to this state and its citizens all advantages available under the provisions of the Social Security Act that relate to reemployment assistance or unemployment compensation, the Federal Unemployment…
SDCL § 61-3-19 Arrangements with other states for coordinated administration of benefits
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The department shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this title with the individual's wages and employment covered under the reemployment assistance or unemployment compen…
SDCL § 61-3-2 Work record maintained by employing unit--Inspection by department
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Each employing unit shall keep true and accurate work records containing information needed to administer this title according to rules promulgated pursuant to chapter 1-26 by the secretary of labor and regulation. The records shall be kept for four years and shall be open to ins…
SDCL § 61-3-20 Agreements with federal government and other states for coordinated collection of contributions
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The Department of Labor and Regulation may enter into reciprocal agreements with the appropriate agencies of other states or of the federal government relating to the collection and payment of contributions by employers with respect to employment not localized within this state. …
SDCL § 61-3-21 Cooperation and compliance with federal requirements--Reports and information
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In the administration of this title, the South Dakota Department of Labor and Regulation shall co-operate to the fullest extent consistent with the provisions of this title, with the secretary of labor and regulation of the United States; shall make such reports, in the form and …
SDCL § 61-3-22 Records made available to railroad retirement board
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The Department of Labor and Regulation may make the state's records relating to the administration of this title available to the railroad retirement board, and may furnish the railroad retirement board, at the expense of such board, such copies thereof as the railroad retirement…
SDCL § 61-3-23 Information furnished to federal public works agencies
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Upon request therefor the Department of Labor and Regulation shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient o…
SDCL § 61-3-25 Separate administration and accounting for administration fund--Security provided by depository
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Any money in the employment security administration fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the state treasury. However, no money in this fund may be co…
SDCL § 61-3-26 Administration fund covered by state treasurer's bond--Deposit of recoveries on bond
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The state treasurer is liable on the state treasurer's official bond for the faithful performance of the treasurer's duties in connection with the employment security administration fund provided for under this chapter. The liability exists in addition to any liability upon any s…
SDCL § 61-3-27 State obligation to replace federal contributions expended in unauthorized manner
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This state recognizes its obligation to replace, and hereby pledges the faith of this state that funds will be provided in the future, and applied to the replacement of, any moneys received from the United States secretary of the treasury under Title III of the Social Security Ac…
SDCL § 61-3-29 Refunds of interest, penalties, and fines paid from employment security contingency fund
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Refunds of interest, penalties and fines erroneously collected pursuant to this title may be made from this fund, or from the interest, penalty and fine moneys which are temporarily in the clearing account in the unemployment compensation fund pending their transfer to the employ…
SDCL § 61-3-3 Report required of employers by secretary
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The secretary of labor and regulation may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which the secretary deems necessary for the effective administration of this title. Source: SL 1936 (SS), ch 3 , § 11 (g); SDC 1939, § 1…
SDCL § 61-3-30 Expenditures and refunds from employment security contingency fund--Deposit, administration, and disbursement of fund
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The moneys in this fund are continuously available to the department, with prior approval by the Governor, for expenditures and refunds in accordance with the provisions of §§ 61-3-28 and
SDCL § 61-3-31 Transfer of contingency fund balance to unemployment compensation fund
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If on September thirtieth of any calendar year the balance in the employment security contingency fund exceeds fifteen thousand dollars by one thousand dollars or more, the state treasurer shall transfer the excess to the unemployment compensation fund. Source: SL 1968, ch 86 , §…
SDCL § 61-3-4 Information confidential--Use by claimant at hearing--Violation as misdemeanor
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No information obtained under § 61-3-2 or 61-3-3 may be published or open to public inspection other than to public employees in the performance of their public duties in any manner revealing the employing unit's identity, but any claimant at a hearing before the Department of La…
SDCL § 61-3-5 Reports and communications privileged in actions for defamation
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No letter, report, communication, or other matter, whether oral or written, from the employer, the employer's agents, representatives or employees, to each other or to the secretary of labor and regulation, the secretary's agents, representatives or employees, which have been wri…
SDCL § 61-3-6 Preservation and destruction of departmental records
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The department shall maintain any record relating to benefit claims for a period of two years and any record relating to employer contributions for a period of five years. In order to conserve filing and storage space, the secretary may thereafter order such a record destroyed. T…
SDCL § 61-3-7 Powers of departmental personnel in conduct of investigations and hearings
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In the discharge of the duties imposed by this title, the secretary of labor and regulation and any duly authorized representative of the secretary may administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of w…
SDCL § 61-3-8 Disobedience of subpoena not excused by privilege against self-incrimination--Immunity from prosecution after claim of privilege
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No person may be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Department of Labor and Regulation or in obedience to the subpoena of the secretary or any duly authorized representative of the secreta…
SDCL § 61-3-9 Disobedience of departmental subpoena--Misdemeanor--Separate offenses
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Any person who without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, or other records, if it is in the person's power to do so, in obedience to a subpoena issued pursuant to the provisions…