reglab/housing_qa huggingface dataset:
SD Codified L § 61-1-4 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-4 - Employer defined.

61-1-4. Employer defined.As used in this title, the term, employer, means:(1)For each calendar year, any employing unit which:(a)In any calendar quarter in either the current or preceding calendar year paid for service in employment wages of one thousand five hundred dollars or more; or(b)For some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one individual (irrespective of whether the same individual was in employment in each such day);(2)Any employing unit for which service in employment, as defined in §61-1-13, is performed;(3)Any employing unit for which service in employment, as defined in §61-1-15, is performed;(4)Any employing unit for which agricultural labor as defined in §61-1-18 is performed, subject to subdivision 61-1-17(1);(5)Any employing unit for which domestic service in employment as defined in §61-1-19 is performed.In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under subdivision (1), (2), (3), or (4) of this section the wages earned on the employment of an employee performing domestic service, may not be taken into account.In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under subdivision (1), (2), (3), or (5) of this section, the wages earned or the employment of an employee performing service in agricultural labor, may not be taken into account. If an employing unit is determined to be an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1) of this section. Source: SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (6) (a); SL 1939, ch 86, §1; SL 1953, ch 76, §1; SL 1955, ch 60; SL 1971, ch 276, §§5 to 7; SL 1973, ch 304, §2; SL 1977, ch 420, §§2 to 7; SL 1982, ch 28, §16; SL 1993, ch 377, §2; SL 2008, ch 277, §3; SL 2013, ch 258, §5.
SD Codified L § 61-1-5 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-5 - Successor employers subject to coverage.

61-1-5. Successor employers subject to coverage.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 the assets thereof, of another which at the time of the acquisition was an employer subject to this title. Source: SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (6) (b); SL 1939, ch 86, §1; SL 2008, ch 277, §4.
SD Codified L § 61-1-5.1 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-5.1 - Combined payrolls of predecessor and successor qualifying for coverage.

61-1-5.1. Combined payrolls of predecessor and successor qualifying for coverage.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, together paid for service in employment wages totaling one thousand five hundred dollars or more shall be an employer under §61-1-4. Source: SL 1971, ch 276, §8.
SD Codified L § 61-1-6 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-6 - Employer subject to coverage by addition of another employing unit.

61-1-6. Employer subject to coverage by addition of another employing unit.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 other employing unit would be an employer under §61-1-4. Source: SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (6) (c); SL 1939, ch 86, §1; SL 2008, ch 277, §5.
SD Codified L § 61-1-7 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-7 - Extension of coverage to employment taxed under federal law.

61-1-7. Extension of coverage to employment taxed under federal law.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 which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund or which as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act is required to be covered under this title. Source: SDC 1939, §17.0802 (6) (e) as added by SL 1939, ch 86, §1; SL 1951, ch 94, §1; SL 1971, ch 276, §9.
SD Codified L § 61-1-8 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-8 - Required coverage continues until terminated by law.

61-1-8. Required coverage continues until terminated by law.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. Source: SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (6) (e); SL 1939, ch 86, §1; SDC Supp 1960, §17.0802 (6) (f); SL 2008, ch 277, §6; SL 2013, ch 258, §6.
SD Codified L § 61-1-9 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-9 - Elective coverage continues for period of election.

61-1-9. Elective coverage continues for period of election.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; SDC 1939, §17.0802 (6) (f); SL 1939, ch 86, §1; SDC Supp 1960, §17.0802 (6) (g); SL 2008, ch 277, §7; SL 2013, ch 258, §7.
SD Codified L § 61-1-10 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-10 - Employment defined.

61-1-10. Employment defined.The term, employment, means any service performed, including service in interstate commerce, by:(1)Any officer of a corporation; or(2)Any individual who, under the usual common-law rules applicable in determining the employer-employee relationship has the status of an employee. Source: SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (a); SL 1939, ch 86, §1; SL 1941, ch 82, §2; SL 1968, ch 87; SL 1971, ch 276, §10; SL 2008, ch 277, §8.
SD Codified L § 61-1-11 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-11 - Employee and independent contractor distinguished.

61-1-11. Employee and independent contractor distinguished.Service performed by an individual for wages is employment subject to this title unless and until it is shown to the satisfaction of the Department of Labor and Regulation that:(1)The individual has been and will continue to be free from control or direction over the performance of the service, both under his contract of service and in fact; and(2)The individual is customarily engaged in an independently established trade, occupation, profession, or business. Source: SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (f); SL 1939, ch 86, §1; SL 1971, ch 276, §11; SL 1985, ch 397; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 61-1-12 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-12 - Agent-drivers, commission-drivers, and salesmen included.

61-1-12. Agent-drivers, commission-drivers, and salesmen included.The term, employment, includes, subject to the provisions of §§61-1-13, 61-1-15, 61-1-20, 61-1-22 to 61-1-25, and 61-1-36, service performed, including service in interstate commerce, by any individual other than an individual who is an employee under subdivision 61-1-10(1) or (2) who performs services for remuneration for any person:(1)As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages, or laundry or dry-cleaning services, for the driver's principal;(2)As a traveling or city salesman, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, the salesman's principal (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in the business operations.For the purposes of this section, the term, employment, includes services described in subdivisions (1) and (2) if: the contract of service contemplates that substantially all of the services are to be performed personally by such individual; the individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and the services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed. Source: SDCL §61-1-10 (1) (c) as enacted by SL 1971, ch 276, §10; SL 1992, ch 60, §2; SL 2008, ch 277, §9; SDCL §61-1-10.1; SL 2012, ch 252, §59.
SD Codified L § 61-1-13 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-13 - Employment by state or instrumentalities included.

61-1-13. Employment by state or instrumentalities included.As used in this title, the term, employment, includes:(1)Service performed by an individual in the employ of this state or any of its instrumentalities or in the employ of this state and one or more other states or their instrumentalities for a hospital or institution of higher education located in this state;(2)Service performed by an individual in the employ of this state or of its instrumentalities or any instrumentality which is wholly owned by this state and one or more other states; and(3)Service performed by an individual in the employ of any political subdivision of this state or any instrumentality of any one or more of the foregoing which is wholly owned by this state and one or more other states or political subdivisions, or any service performed in the employ of any instrumentality of this state or any political subdivision thereof, and one or more other states or political subdivisions.However, such service is excluded from employment as defined in the Federal Unemployment Tax Act of 1939, as amended to January 1, 1977, solely by reason of section 3306(c)(7) of that act and is not excluded from employment under §61-1-36. Source: SDCL §61-1-10 (2) as enacted by SL 1971, ch 276, §10; SL 1973, ch 304, §1; SL 1974, ch 325, §1; SL 1977, ch 420, §8; SL 2008, ch 277, §10; SDCL §61-1-10.2; SL 2012, ch 252, §59.
SD Codified L § 61-1-14 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-14 - Unemployment compensation funds for political subdivisions permitted--Expenditures from fund.

61-1-14. Unemployment compensation funds for political subdivisions permitted--Expenditures from fund.The governing body of any political subdivision may establish an unemployment insurance compensation fund. Expenditures from the fund shall be made only for payment of reemployment assistance or unemployment insurance claims pursuant to the Federal Unemployment Insurance Act of 1939 as amended on January 1, 2005, and state law. Notwithstanding the provisions of §§7-21-25 and 9-21-9, expenditures from the fund may be made without specific appropriations authority. Source: SL 1977, ch 58; SL 2005, ch 282, §1; SDCL §61-1-16.1; SL 2012, ch 252, §59; SL 2019, ch 216, §2.
SD Codified L § 61-1-15 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-15 - Employment by religious, charitable, educational, or other organization included.

61-1-15. Employment by religious, charitable, educational, or other organization included.The term, employment, includes services performed by an individual in the employ of a religious, charitable, educational, or other organization, but only if the following conditions are met and if such services are not excluded from employment under subdivision 61-1-36(1), (2), (3), (4), (5), or (6):(1)The service is excluded from employment as defined in the Federal Unemployment Tax Act as amended, January 1, 1977, solely by reason of section 3306(c)(8) service performed in the employ of a religious, charitable, educational, or other organization described in section 501(c)(3) which is exempt from the income tax under 501(a) of the federal act; and(2)The organization had four or more individuals in employment for some portion of a day in each of twenty different weeks, whether or not such weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time. Source: SDCL §61-1-10 (3) as enacted by SL 1971, ch 276, §10; SL 1974, ch 325, §2; SL 1977, ch 420, §9; SL 2008, ch 277, §11; SDCL §61-1-10.3; SL 2012, ch 252, §59.
SD Codified L § 61-1-17 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-17 - Agricultural labor included--Criteria.

61-1-17. Agricultural labor included--Criteria.As used in this title, the term, employment, includes service performed by an individual in agricultural labor as defined in §61-1-18 when:(1)The service is performed for a person who:(a)During any calendar quarter in either the current or the preceding calendar year paid remuneration in cash of twenty thousand dollars or more to individuals employed in agricultural labor; or(b)For some portion of a day in each of twenty different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor ten or more individuals, regardless of whether they were employed at the same moment of time; or(2)For the purpose of this section any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of the crew leader:(a)If the crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963 as amended to January 1, 1977; or substantially all the members of the crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other mechanized equipment, which is provided by the crew leader; and(b)If the individual is not an employee of the other person within the meaning of §61-1-24; or(3)For the purposes of this section, in the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of the crew leader under subdivision (2) of this section:(a)Such other person and not the crew leader shall be treated as the employer of the individual; and(b)Such other person shall be treated as having paid cash remuneration to the individual in an amount equal to the amount of cash remuneration paid to the individual by the crew leader either on the crew leader's own behalf or on behalf of such other person for the service in agricultural labor performed for such other person; or(4)For the purposes of this section, the term, crew leader, means an individual who:(a)Furnishes individuals to perform service in agricultural labor for any other person;(b)Pays (either on the crew leader's own behalf or on behalf of such other person) the individuals so furnished by the crew leader for the service in agricultural labor performed by them; and(c)Has not entered into a written agreement with such other person under which the individual is designated as an employee of such other person. Source: SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (g) (1); SL 1939, ch 86, §1; SL 1941, ch 82, §3; SL 1977, ch 420, §15; SL 2008, ch 277, §25; SDCL §61-1-24; SL 2012, ch 252, §59.
SD Codified L § 61-1-18 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-18 - Services included within agricultural labor.

61-1-18. Services included within agricultural labor.As used in this title, the term, agricultural labor, includes all services performed:(1)On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, testing, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife;(2)In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of the farm and its tools and equipment, or in salvaging timber or clearing land of brush or other debris left by flood waters or windstorm, if the major part of the service is performed on a farm;(3)In connection with the production or harvesting of maple sugar or maple syrup or any commodity defined as an agricultural commodity in section 15(g) of the Federal Agricultural Marketing Act, as amended, or in connection with the raising or harvesting of mushrooms, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways used exclusively for supplying and storing water for farming purposes;(4)In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodities; but only if the operator produced more than one-half of the commodity with respect to which the service is performed, or in the employ of a group of operators of farms (or a cooperative organization of which the operators are members) in the performance of service described in this section, but only if the operators produced more than one-half of the commodity with respect to which such service is performed. The provisions of this subdivision (4) may not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption;(5)On a farm operated for profit if the service is not in the course of the employer's trade or business or is domestic service in a private home of the employer.As used in this section, the term, farm, includes stock, dairy, poultry, fruit, fur-bearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similar structures used primarily for the raising of agricultural or horticultural commodities and orchards. Source: SDC 1939, §17.0802 (7) (g) (21) as added by SL 1941, ch 82, §3; SL 1971, ch 276, §§15 to 17; SL 1991, ch 415; SL 2008, ch 277, §26; SDCL §61-1-25; SL 2012, ch 252, §59.
SD Codified L § 61-1-19 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-19 - Certain domestic service included.

61-1-19. Certain domestic service included.As used in this title, the term, employment, includes domestic service performed for a person who paid cash remuneration of one thousand dollars or more in the current calendar year or the preceding calendar year to individuals employed in such domestic service in any calendar quarter, in a private home, local college club, or local chapter of a college fraternity or sorority. Source: SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (g) (2); SL 1939, ch 86, §1; SL 1941, ch 82, §3; SL 1977, ch 420, §17; SL 2008, ch 277, §28; SDCL §61-1-27; SL 2012, ch 252, §59.
SD Codified L § 61-1-20 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-20 - Foreign service for employer with principal place of business in state included.

61-1-20. Foreign service for employer with principal place of business in state included.The term, employment, includes the service of an individual who is a citizen of the United States, performed outside the United States except in Canada, in the employ of an American employer (other than service which is deemed employment under §61-1-26 or 61-1-27 or the parallel provisions of another state's law), if the employer's principal place of business in the United States is located in this state. Source: SDCL §61-1-10 (5) as enacted by SL 1971, ch 276, §10; SL 1977, ch 420, §12; SL 2008, ch 277, §12; SDCL §61-1-10.5; SL 2012, ch 252, §59.
SD Codified L § 61-1-22 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-22 - Foreign service for employer resident in state included.

61-1-22. Foreign service for employer resident in state included.The term, employment, includes the service of an individual who is a citizen of the United States, performed outside the United States except in Canada, in the employ of an American employer other than service which is deemed employment under §61-1-26 or 61-1-27 or the parallel provisions of another state's law, if the employer has no place of business in the United States, but:(1)The employer is an individual who is a resident of this state; or(2)The employer is a corporation which is organized under the laws of this state; or(3)The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state. Source: SDCL §61-1-10 (5) (b) as enacted by SL 1971, ch 276, §10; SL 1977, ch 420, §13; SL 2008, ch 277, §13; SDCL §61-1-10.6; SL 2012, ch 252, §59.
SD Codified L § 61-1-23 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 01 - Definitions And General Provisions|Section 61-1-23 - Elective coverage of foreign service.

61-1-23. Elective coverage of foreign service.The term, employment, includes the service of an individual who is a citizen of the United States, performed outside the United States except in Canada, or in the case of the Virgin Islands, after December thirty-first in the year the United States secretary of labor approves the Virgin Islands' unemployment compensation law, in the employ of an American employer other than service which is deemed employment under §61-1-26 or 61-1-27 or the parallel provisions of another state's law, if none of the criteria of §§61-1-20 and 61-1-22 is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this state. Source: SDCL §61-1-10 (5) (c) as enacted by SL 1971, ch 276, §10; SL 1977, ch 420, §14; SL 2008, ch 277, §14; SDCL §61-1-10.7; SL 2012, ch 252, §59.