Title 61, REEMPLOYMENT ASSISTANCE
9 chapters · 294 sections in this title.
SDCL § 61-2-1.1 Department abolished--Performance of functions
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The Department of Employment Security is abolished, and all its functions shall be administered by the Department of Labor and Regulation as provided by § 1-37-3 . Source: SL 1973, ch 2 (Ex. Ord. 73-1), §§ 3(c), 90; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
SDCL § 61-2-13 Political activity of employees--Prohibited and permitted activity
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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…
SDCL § 61-2-16 Administration of title by secretary--General powers
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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…
SDCL § 61-2-18 Recommendations to Governor and Legislature
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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…
SDCL § 61-2-19 Representation of state to congressional delegation--Cooperation with agencies of other states
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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…
SDCL § 61-2-7.1 Reemployment assistance advisory council--Composition and appointment--Functions--Meetings--Reports
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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 …
SDCL § 61-2-7.2 Direction and supervision by Department of Labor and Regulation--Independent functions retained by councils
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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…
SDCL § 61-2-8 Meetings and functions of advisory council
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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…
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 § 61-3-14 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 § 61-3-16 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 § 61-3-24 Employment security administration fund created--Moneys paid into fund--Purposes for which used
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There is created in the state treasury a special fund to be known as the employment security administration fund. Moneys which are deposited or paid into this fund are continuously available to the Department of Labor and Regulation for expenditure in accordance with the provisio…
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 § 61-3-28 Employment security contingency fund established--Interest, penalty, and fine payments paid into fund--Restrictions on expenditures--Use of fund
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There is established a special fund to be known as the employment security contingency fund which shall be maintained by the state treasurer separate and apart from all public moneys or funds of the State of South Dakota. The fund shall consist of all interest, penalties and fine…
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 61-3-29 . No money may lapse at any time or be transferred to any other fund or account exce…
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…
SDCL § 61-4-1 Fund created--General purpose
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There is hereby established as a special fund separate and apart from all public moneys or funds of this state an unemployment compensation fund, which shall be administered by the Department of Labor and Regulation exclusively for the purpose of this title. Source: SL 1936 (SS),…
SDCL § 61-4-10 Depository for clearing and benefit accounts
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Moneys in the clearing and benefit accounts may be deposited under the direction of the secretary of labor and regulation in any bank or public depository in which general funds of the state may be deposited. However, no public deposit insurance charge or premium may be paid out …
SDCL § 61-4-11 Reversion of unclaimed checks and warrants
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If after twenty - four months, any check or warrant issued pursuant to the provisions of this title is unclaimed by the intended recipient, the amount of such check shall remain or revert to the credit of the original fund or account against which it was drawn, any provisions of …
SDCL § 61-4-13 Provisions relating to trust fund dependent on separate accounting by secretary of treasury
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The provisions of §§ 61-4-1 to 61-4-11 , inclusive, to the extent that they relate to the unemployment trust fund shall be operative only so long as such unemployment trust fund continues to exist and so long as the secretary of the treasury of the United States of America contin…
SDCL § 61-4-14 Transfer to secretary on termination of trust fund or separate accounting
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If and when the unemployment trust fund ceases to exist, or the separate book account mentioned in § 61-4-13 is no longer maintained, all moneys, properties, or securities therein belonging to the unemployment compensation fund of this state shall be transferred to the secretary …
SDCL § 61-4-15 Investment of trust fund moneys transferred to secretary
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Moneys transferred to the secretary of labor and regulation pursuant to § 61-4-14 shall be invested in the following readily marketable classes of securities: bonds or other interest-bearing obligations of the United States of America or of the state of South Dakota. Such investm…
SDCL § 61-4-2 Contributions, receipts, and earnings constituting fund
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The unemployment compensation fund shall consist of: (1) All contributions collected under this title together with any interest and penalties thereon collected pursuant to §§ 61-5-57 and 61-5-58 ; (2) Interest earned upon any moneys in the fund; (3) Any property or securities ac…
SDCL § 61-4-3 Secretary to administer fund--Liability on bond
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The secretary of labor and regulation is custodian of the fund and shall administer the fund and shall issue warrants or checks upon it. The secretary is liable on the secretary's official bond for the faithful performance of the secretary's duties as custodian of the unemploymen…
SDCL § 61-4-4 Separate accounts within fund
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The department shall maintain within the unemployment compensation fund four separate accounts: (1) A clearing account; (2) An unemployment trust fund account; (3) A benefit account; and (4) A pool account. Source: SL 1936 (SS), ch 3 , § 9 (b); SDC 1939, § 17.0819; SL 1943, ch 81…
SDCL § 61-4-5 Receipts deposited in clearing account--Refunds from clearing account--Deposits to trust fund held by secretary of treasury
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All moneys payable to the unemployment compensation fund upon receipt thereof by the Department of Labor and Regulation shall immediately be deposited in the clearing account. Refunds payable pursuant to §§ 61-1-31 and 61-5-56 may be paid from the clearing account. After clearanc…
SDCL § 61-4-6 Requisitions on trust fund for payment of benefits and refunds
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Moneys shall be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits and refunds to employers. The secretary of labor and regulation shall from time to time requisition from the unemployment trust fund only such amounts as are …
SDCL § 61-4-7 Deposit of requisitioned moneys in benefit and clearing accounts--Payment of benefits and refunds
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Upon receipt thereof, the secretary shall deposit the moneys requisitioned for the payment of benefits in the benefit account and shall issue warrants or checks for the payment of benefits solely from the benefit account. The secretary shall deposit the moneys requisitioned for t…
SDCL § 61-4-8 Disposition of unexpended balance of requisitioned moneys
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Any balance of moneys requisitioned from the unemployment trust fund, which remains unclaimed or unpaid in the benefit account or clearing account after the expiration of the period for which sums were requisitioned, shall either be deducted from estimates for, and may be utilize…
SDCL § 61-4-9 Source of moneys in benefit account
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The benefit account shall consist of all moneys requisitioned from the state's account in the unemployment trust fund. Source: SL 1936 (SS), ch 3 , § 9 (b); SDC 1939, § 17.0819; SL 1943, ch 81 ; SL 1965, ch 97 , § 3.
SDCL § 61-5-1 Employer subject to title for entire year
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Any employing unit which is or becomes an employer subject to this title within any calendar year, is subject to this title during the whole of the calendar year. Source: SL 1936 (SS), ch 3 , § 8; SDC 1939, § 17.0823 (1); SL 1941, ch 86 , § 1; SL 1943, ch 77 , § 5; SL 1961, ch 10…