Title 61 — REEMPLOYMENT ASSISTANCE

Any employing unit which acquired the organization, trade, or business, or substantially all the assets of another employing unit if such employing unit subsequent to such acquisition, and such acquired unit prior to such acquisition, both within the same calendar quarter, togeth…

As used in this title, the term, wages, does not include dismissal payments which the employing unit is not legally required to make. Source: SDC 1939, § 17.0802 (13) (d) as added by SL 1941, ch 82 , § 4; SL 2008, ch 277 , § 34; SDCL § 61-1-34 ; SL 2012, ch 252 , § 59.

For the purposes of this title, an individual is considered unemployed in any calendar week during which the individual performs no service and with respect to which no wages or earnings are payable to the individual, or in any week of less than full-time work, if the wages or ea…

For the purposes of this title, an individual's week of unemployment is deemed commenced only after the individual's registration at an employment office, except as the Department of Labor and Regulation may otherwise prescribe in rules promulgated pursuant to chapter 1-26 . Sour…

The Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 governing benefit eligibility of individuals whose employment is temporary or is other than full-time. Source: SDC 1939, § 17.0802 (10) (a) as added by SL 1941, ch 83 , § 1; SL 1963, ch 122 , §…

The Department of Labor and Regulation may, in accordance with rules promulgated by the department pursuant to chapter 1-26 , determine whether an industry in this state is of a seasonal nature. The department shall promulgate rules pursuant to chapter 1-26 governing the benefit …

If the tax imposed by title nine of the federal Social Security Act or any other federal tax against which contributions under this title may be credited, shall become inoperative, the provisions of this title shall become inoperative. Any unobligated fund in the state unemployme…

As used in this title, the term, employer, includes any individual, group of individuals or employing unit which acquired the organization, trade, or business, or substantially all of the assets thereof, of another employing unit and which, if treated as a single unit with such o…

If a tax is imposed by the Federal Unemployment Tax Act, in either its present form or as hereafter amended, upon employing units, employment, services, or wages not otherwise covered by this title, then notwithstanding any other provision of this title, services with respect to …

As used in this title, the term, employer, includes any employing unit which, having become an employer under subdivision 61-1-4(2), or under any of §§ 61-1-5 to 61-1-7 , inclusive, has not, under §§ 61-5-11 , 61-5-15 , and 61-5-17 , ceased to be an employer subject to this title…

As used in this title, the term, employer, includes for the effective period of its election pursuant to §§ 61-5-3 to 61-5-5 , inclusive, § 61-5-32 and § 61-5-33 , any other employing unit which has elected to become fully subject to this title. Source: SL 1936 (SS), ch 3 , § 19;…

Ord. 73-1), §§ 3(c), 90; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011. 61-2-2 to 61-2-4. Superseded.

Superseded.

The Department of Employment Security is abolished, and all its functions shall be administered by the Department of Labor and Regulation as provided by §

Superseded.

The department may not appoint or employ any person who holds or is a candidate for any elective office in a partisan election. However, nothing in this section prevents an employee from being a candidate for or holding a nonpartisan office or being a candidate for or holding a p…

Superseded.

Source: SDC 1939, § 17.0805 as added by SL 1961, ch 104 ; SL 1968, ch 90 ; SL 1980, ch 33 , § 3; SL 1981, ch 24 , § 3; SL 1989, ch 447 , § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2013, ch 258 , § 8; SL 2019, ch 22 , §§ 1 and 45; SL 2020, ch 13 , § 32.

Source: SL 1987, ch 386 , § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2020, ch 13 , § 32.

Source: SL 1987, ch 386 , §§ 2, 3; SL 1993, ch 375 , § 20; SL 2020, ch 13 , § 32.

Source: SL 1989, ch 447 , § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2020, ch 13 , § 32.

Source: SL 1989, ch 447 , § 3; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2020, ch 13 , § 32.

Source: SL 1989, ch 447 , § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2020, ch 13 , § 32.

Source: SL 1989, ch 447 , § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2020, ch 13 , § 32.

The secretary of labor and regulation shall administer this title. The secretary shall employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as may be necessary or suitable to that end. The secretary shall determin…

61-2-18 Recommendations to Governor and Legislature. 61-2-19 Representation of state to congressional delegation--Cooperation with agencies of other states. 61-2-20 Repealed by SL 1982, ch 16 , § 44.

If the secretary of labor and regulation believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, the secretary shall promptly so inform the Governor and the Legislature, and make recommendations with respect thereto. Sour…

If, in the judgment of the secretary of labor and regulation, the interests of the Department of Labor and Regulation established by this title are involved in any proposed or pending change in federal law or administrative policy pertaining to the program, the secretary may repr…

Repealed by SL 1982, ch 16 , § 44.

Repealed by SL 1973, ch 305 , § 2.

Repealed by SL 1969, ch 218 , § 2.

Repealed by SL 1988, ch 412 .

The Governor shall appoint from a list submitted by the department a state reemployment assistance advisory council, composed of men and women, including an equal number of employer representatives and employee representatives who may fairly be regarded as representative because …

The reemployment assistance advisory council shall be administered under the direction and supervision of the Department of Labor and Regulation and the secretary thereof, but shall retain the respective quasi-judicial, quasi-legislative, advisory, other nonadministrative and spe…

The reemployment assistance advisory council appointed pursuant to § 61-2-7.1 shall meet on call of the department and shall aid the department in formulating policies and discussing problems relating to the administration of this title and in assuring impartiality and freedom fr…

61-2-10 to 61-2-11. Repealed by SL 2008, ch 277 , §§ 41 to 43.

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…

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 …

Superseded.

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…

Repealed by SL 1978, ch 359 , § 3.

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…

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…

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…

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…

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…

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. …

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 …

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…

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…