reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-24 - American employer defined.

61-1-24. American employer defined.
The term, American employer, for the purposes of §§61-1-20, 61-1-22, and 61-1-23 means a person who is:
(1)An individual who is a resident of the United States; or
(2)A partnership if two-thirds or more of the partners are residents of the United States; or
(3)A trust, if all of the trustees are residents of the United States; or
(4)A corporation organized under the laws of the United States or of any state.
Source:
SDCL §61-1-10 (5) (d) as enacted by SL 1971, ch 276, §10; SL 2008, ch 277, §15; SDCL §61-1-10.8; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-25 - Crew members of American vessels included.

61-1-25. Crew members of American vessels included.
Notwithstanding §61-1-26, the term, employment, includes all service performed by an officer or member of the crew of an American vessel on or in the connection with such vessel, if the operating office, from which the operations of such vessel operating on navigable waters within, or within and without, the United States are ordinarily and regularly supervised, managed, directed, and controlled is within the state.
Source:
SDCL §61-1-10 (6) as enacted by SL 1971, ch 276, §10; SL 2008, ch 277, §16; SDCL §61-1-10.9; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-26 - Service within and without state included--Base of operations or residence as basis for coverage.

61-1-26. Service within and without state included--Base of operations or residence as basis for coverage.
As used in this chapter, the term, employment, includes an individual's entire service, performed within or both within and without this state if:
(1)The service is localized in this state; or
(2)The service is not localized in any state but some of the service is performed in this state and first, the base of operations, or, if there is no base of operations, then the place from which the service is directed or controlled, is in this state; or second, the base of operations or place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (b); SL 1939, ch 86, §1; SL 2008, ch 277, §17; SDCL §61-1-12; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-27 - Service considered within state--Services in more than one state.

61-1-27. Service considered within state--Services in more than one state.
Service is considered to be within a state if:
(1)The service is performed entirely within the state; or
(2)The service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state, such as service that is temporary or transitory in nature or consists of isolated transactions.
The department shall promulgate rules pursuant to chapter 1-26 providing for coverage of workers performing services in more than one state.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (e); SL 1939, ch 86, §1; SL 1983, ch 22, §7; SL 1993, ch 375, §15; SDCL §61-1-13; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-28 - Services within state not covered by any other compensation law.

61-1-28. Services within state not covered by any other compensation law.
Services performed within this state but not covered under §61-1-26 shall be deemed to be employment subject to this title if contributions are not required and paid with respect to such services under an unemployment compensation law of any other state or of the federal government.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (c); SL 1939, ch 86, §1; SDCL §61-1-14; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-30 - Service outside state controlled from within state.

61-1-30. Service outside state controlled from within state.
The term, employment, includes an individual's service, wherever performed within the United States, the Virgin Islands, or Canada, if:
(1)The service is not covered under the reemployment assistance or unemployment compensation law of any other state, the Virgin Islands, or Canada; and
(2)The place from which the service is directed or controlled is in this state.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (d); SL 1939, ch 86, §1; SL 1971, ch 276, §12; SL 2008, ch 277, §18; SDCL §61-1-15; SL 2012, ch 252, §59; SL 2019, ch 216, §3.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-31 - Federal employment exempt--Payments permitted by Congress--Refund when state not certified.

61-1-31. Federal employment exempt--Payments permitted by Congress--Refund when state not certified.
As used in this title, the term, employment, does not include service performed in the employ of the United States government or an instrumentality of the United States immune under the Constitution of the United States from the contributions imposed by this title. However, to the extent that the Congress of the United States permits states to require any instrumentality of the United States to make payments into an unemployment fund under a state unemployment compensation act, the provisions of this title are applicable to such instrumentality and to services performed for such instrumentality in the same manner, to the same extent and on the same terms as to all other employers, employing units, individuals and services. If this state is not certified for any year by the United States secretary of labor under section 3304 of the Federal Internal Revenue Code, the payments required of such instrumentality, with respect to such years, shall be refunded by the South Dakota Department of Labor and Regulation from the fund in the same manner and within the same period as is provided in §61-5-56 with respect to contributions erroneously collected.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (g) (7); SL 1939, ch 86, §1; SL 1941, ch 82, §3; SL 2008, ch 277, §19; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-1-17; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-32 - Employment exempt when covered by federal compensation law--Agreements for reciprocal treatment.

61-1-32. Employment exempt when covered by federal compensation law--Agreements for reciprocal treatment.
As used in this title, the term, employment, does not include service with respect to which reemployment assistance or unemployment compensation is payable under an unemployment compensation system established by an act of Congress. However, the Department of Labor and Regulation shall enter into agreements with the proper agencies under any such act of Congress, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this title, acquired rights to reemployment assistance or unemployment compensation under an act of Congress, or who have, after acquiring potential rights to unemployment compensation under an act of Congress, acquired rights to benefits under this title.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (g) (8); SL 1939, ch 86, §1; SL 1941, ch 82, §3; SL 1993, ch 375, §16; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-1-18; SL 2012, ch 252, §59; SL 2019, ch 216, §4.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-33 - Employment exempt under Federal Unemployment Tax Act.

61-1-33. Employment exempt under Federal Unemployment Tax Act.
As used in this title, the term, employment, does not include employment specifically exempted from coverage under the Federal Unemployment Tax Act.
Source:
SDC 1939, §17.0802 (7) (g) as added by SL 1968, ch 88; SL 2008, ch 277, §20; SDCL §61-1-18.1; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-34 - Foreign government service exempt.

61-1-34. Foreign government service exempt.
As used in this title, the term, employment, does not include service performed in the employ of a foreign government, including service as a consular or other officer or employee or nondiplomatic representative.
Source:
SDC 1939, §17.0802 (7) (g) (14) as added by SL 1941, ch 82, §3; SL 2008, ch 277, §21; SDCL §61-1-19; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-35 - Instrumentalities of foreign governments exempt.

61-1-35. Instrumentalities of foreign governments exempt.
As used in this title, the term, employment, does not include service performed in the employ of an instrumentality wholly owned by a foreign government:
(1)If the service is of a character similar to that performed in foreign countries by employees of the United States government or of an instrumentality thereof; and
(2)If the South Dakota Department of Labor and Regulation finds that the United States Secretary of State has certified to the United States Secretary of the Treasury that the foreign government, with respect to whose instrumentality exemption is claimed, grants an equivalent exemption with respect to similar service performed in foreign countries by employees of the United States government and of instrumentalities thereof.
Source:
SDC 1939, §17.0802 (7) (g) (15) as added by SL 1941, ch 82, §3; SL 2008, ch 277, §22; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-1-20; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-36 - Exempt employment by churches, institutions and state.

61-1-36. Exempt employment by churches, institutions and state.
For the purposes of §§61-1-13 and 61-1-15 the term, employment, does not apply to service performed:
(1)In the employ of:
(a)A church or convention or association of churches, or
(b)An organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches; or
(2)By a duly ordained, commissioned, or licensed minister of a church in the exercise of duties required by the church or by a member of a religious order in the exercise of duties required by the order; or
(3)In the employ of a school which is not an institution of higher education prior to January 1, 1978; or in the employ of a governmental entity referred to in §61-1-13 after December 31, 1977, if the service is performed by an individual in the exercise of duties:
(a)As an elected official;
(b)As a member of a legislative body, or a member of the judiciary, of a state or political subdivision;
(c)As a member of the state national guard or air national guard;
(d)As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency;
(e)In a position which, under or pursuant to the laws of this state, is designated as a major nontenured policymaking or advisory position, or a policymaking position the performance of the duties of which ordinarily does not require more than eight hours per week;
(f)As a precinct election official or automatic tabulating system worker if the amount of remuneration received by the individual during the calendar year for services as a precinct election official or automatic tabulating system worker is less than one thousand dollars; or
(4)In a facility conducted for the purpose of carrying out a program of rehabilitation for any individual whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for any individual who because of impaired physical or mental capacity cannot be readily absorbed in the competitive labor market by an individual receiving such rehabilitation or remunerative work; or
(5)As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision, by an individual receiving such work relief or work training; or
(6)By an inmate of a custodial or penal institution.
Source:
SDCL §61-1-10 (4) as enacted by SL 1971, ch 276, §10; SL 1973, ch 304, §§3, 4; SL 1974, ch 325, §3; SL 1977, ch 420, §§10, 11; SL 1991, ch 413, §1; SL 1998, ch 298, §1; SDCL §61-1-10.4; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-37 - Incidental and student employment by educational institutions and nonprofit organizations exempt.

61-1-37. Incidental and student employment by educational institutions and nonprofit organizations exempt.
As used in this title, the term, employment, does not include:
(1)Service performed during a calendar quarter in the employ of an organization exempt from income tax under section 501(a)(other than an organization described in 401(a)) or under section 521 of the Federal Internal Revenue Code, if the remuneration for such services does not exceed fifty dollars; or
(2)Service performed in the employ of a school, college or university:
(a)By a student who is enrolled and is regularly attending classes at the school, college, or university, or
(b)By the spouse of a student, if the spouse is advised, at the time the spouse commences to perform the service, that this employment is included under a program to provide financial assistance to the student by the school, college or university, and that employment is not covered by any program of reemployment assistance or unemployment insurance, or
(3)Service performed by an individual who is enrolled for credit at a nonprofit or public educational institution, which maintains a regular faculty and curriculum and has a regularly organized body of students in attendance at the place where its educational activities are carried on, as a student in a full-time program, which combines academic instruction with work experience, if the service is an integral part of that program and if the institution has so certified to the employer. This subdivision does not apply to service performed in a program established for or on behalf of an employer or group of employers.
Source:
SDC 1939, §17.0802 (7) (g) (9) as added by SL 1941, ch 82, §3; SL 1951, ch 94, §2; SL 1961, ch 105, §2; SL 1964, ch 68; SL 1971, ch 276, §13; SL 1983, ch 379, §1; SL 1986, ch 424, §2; SL 2008, ch 277, §23; SDCL §61-1-22; SL 2012, ch 252, §59; SL 2019, ch 216, §5.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-38 - Student nurses, interns, and hospital patients exempt.

61-1-38. Student nurses, interns, and hospital patients exempt.
As used in this title, the term, employment, does not include:
(1)Service performed as a student nurse in the employ of a hospital or nurses training school by an individual who is enrolled in and is regularly attending classes in a nurses training school chartered or approved pursuant to state law; and service performed as an intern in the employ of a hospital by an individual who has completed a four years' course in a medical school chartered or approved pursuant to state law; or
(2)Service performed in the employ of a hospital, if such service is performed by a patient of the hospital, as defined in §61-1-1.
Source:
SDC 1939, §17.0802 (7) (g) (16) as added by SL 1941, ch 82, §3; SL 1971, ch 276, §14; SL 2008, ch 277, §24; SDCL §61-1-23; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-39 - Newspaper delivery by minors exempt.

61-1-39. Newspaper delivery by minors exempt.
As used in this title, the term, employment, does not include service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution.
Source:
SDC 1939, §17.0802 (7) (g) (18) as added by SL 1941, ch 82, §3; SL 2008, ch 277, §27; SDCL §61-1-26; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-41 - Insurance agents and solicitors exempt.

61-1-41. Insurance agents and solicitors exempt.
As used in this title, the term, employment, does not include service performed by an individual for a person as an insurance agent or as an insurance solicitor, if all the services performed by the individual for the person is performed for remuneration solely by way of commission.
Source:
SDC 1939, §17.0802 (7) (g) (17) as added by SL 1941, ch 82, §3; SL 2008, ch 277, §29; SDCL §61-1-28; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-44 - Employment by close relative exempt.

61-1-44. Employment by close relative exempt.
As used in this title, the term, employment, does not include service performed by an individual in the employ of the individual's son, daughter, or spouse and service performed by a child under the age of twenty-one in the employ of the individual's father or mother.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (7) (g) (4); SL 1939, ch 86, §1; SL 1941, ch 82, §3; SL 2008, ch 277, §30; SDCL §61-1-30; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-45 - Coverage determined by nature of employment for major part of pay period.

61-1-45. Coverage determined by nature of employment for major part of pay period.
If the services performed during one-half or more of any period by an individual for the person employing the individual constitute employment, all the services of the individual for the period are deemed to be employment; but if the services performed during more than one-half of any such pay period by an individual for the person employing the individual does not constitute employment, then none of the services of the individual for the period are deemed to be employment. As used in this section, the term, pay period, means the period of not more than thirty-one consecutive days for which a payment of remuneration is ordinarily made to the individual by the person employing the individual.
This section is not applicable with respect to services performed in a pay period by an individual for the person employing the individual where any of the service is excepted by §61-1-32.
Source:
SDC 1939, §17.0802 (7) (g) (20) as added by SL 1941, ch 82, §3; SL 2008, ch 277, §31; SDCL §61-1-31; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-46 - Wages defined--Maximum annual wages subject to coverage.

61-1-46. Wages defined--Maximum annual wages subject to coverage.
As used in this title, the term, wages, means remuneration paid in a calendar year to an employee by an employer or the employer's predecessor for employment during any calendar year. The term includes remuneration in addition to the wages defined in this section which are subject to a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund.
The term does not include remuneration of more than:
(1)Seven thousand dollars, from January 1, 1983, to December 31, 2006, inclusive;
(2)Eight thousand five hundred dollars, from January 1, 2007, to December 31, 2007, inclusive;
(3)Nine thousand dollars, from January 1, 2008, to December 31, 2008, inclusive;
(4)Nine thousand five hundred dollars, from January 1, 2009, to December 31, 2009, inclusive;
(5)Ten thousand dollars, from January 1, 2010, to December 31, 2010, inclusive;
(6)Eleven thousand dollars, from January 1, 2011, to December 31, 2011, inclusive;
(7)Twelve thousand dollars, from January 1, 2012, to December 31, 2012, inclusive;
(8)Thirteen thousand dollars, from January 1, 2013, to December 31, 2013, inclusive;
(9)Fourteen thousand dollars, from January 1, 2014, to December 31, 2014, inclusive; and
(10)Fifteen thousand dollars, on and after January 1, 2015.
In this section, the term, employment, includes service constituting employment under any reemployment assistance or unemployment compensation law of another state.
Source:
SDC 1939, §17.0802 (13) (a) as added by SL 1941, ch 82, §4; SL 1943, ch 77, §1; SL 1947, ch 88, §5; SL 1953, ch 76, §2; SL 1971, ch 276, §18; SL 1977, ch 420, §16; SL 1983, ch 380, §1; SL 2006, ch 267, §1; SL 2010, ch 247, §1, eff. Mar. 10, 2010; SDCL §61-1-35; SL 2012, ch 252, §59; SL 2019, ch 216, §6.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-47 - National Guard weekend training payments not deemed wages.

61-1-47. National Guard weekend training payments not deemed wages.
As used in this title, the term, wages, does not include payments received by members of the South Dakota National Guard for weekend training.
Source:
SL 1981, ch 368, §1; SL 2008, ch 277, §32; SDCL §61-1-31.1; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-48 - Employer's contributions to certain plans not deemed wages.

61-1-48.Employer's contributions to certain plans not deemed wages.
As used in this title, the term, wages, does not include the amount of any payment with respect to services performed on behalf of any person in its employ under a plan or system established by an employing unit which makes provision for persons in its employ generally or for a class or classes of persons including any amount paid by an employing unit for insurance on annuities, or into a fund, to provide for any payment on account of:
(1)Sickness or accident disability. However, in the case of payments made to an employee or any one of the employee's dependents, this subdivision excludes from wages only payments received under a worker's compensation law;
(2)Medical or hospitalization expenses in connection with sickness or accident disability;
(3)Death; or
(4)Retirement or pension if the payment is made pursuant to a qualified plan as provided in 26 U.S. C. §§401(k), 403b, 408(k), 457, and 408(p), other than any elective contributions under paragraph (2)(A)(i) thereof, as of January 1, 2006.
Source:
SDC 1939, §17.0802 (13) (b) as added by SL 1941, ch 82, §4; SL 1985, ch 396, §2; SL 2006, ch 266, §1; SL 2007, ch 298, §1; SDCL §61-1-32; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-49 - Social security tax payments not deemed wages.

61-1-49. Social security tax payments not deemed wages.
As used in this title, the term, wages, does not include the payment by an employing unit without deduction from the remuneration of the individual in its employ of the tax imposed upon an individual in its employ under section 3101 of the federal Internal Revenue Code.
Source:
SDC 1939, §17.0802 (13) (c) as added by SL 1941, ch 82, §4; SL 2008, ch 277, §33; SDCL §61-1-33; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-50 - Dismissal payments not deemed wages.

61-1-50. Dismissal payments not deemed wages.
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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-51 - Week of unemployment defined.

61-1-51. Week of unemployment defined.
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 earnings payable to the individual, with respect to the week, are less than the individual's weekly benefit amount.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (10) (a); SL 1939, ch 86, §1; SL 1941, ch 83, §1; SL 1963, ch 122, §1; SL 1979, ch 348, §2; SL 1984, ch 333, §1; SL 2008, ch 277, §35; SDCL §61-1-36; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-52 - Registration at employment office required to commence week of unemployment.

61-1-52. Registration at employment office required to commence week of unemployment.
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.
Source:
SL 1936 (SS), ch 3, §19; SDC 1939, §17.0802 (10) (d); SL 1939, ch 86, §1; SL 1941, ch 83, §1; SDC Supp 1960, §17.0802 (10) (b); SL 1993, ch 375, §17; SL 2008, ch 277, §36; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-1-37; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-53 - Rules covering temporary or partial employment.

61-1-53. Rules covering temporary or partial employment.
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, §1; SL 1993, ch 375, §18; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-1-38; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-54 - Rules covering seasonal employment.

61-1-54. Rules covering seasonal employment.
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 rights of those workers who are found to be engaged in a seasonal occupation.
Source:
SDC 1939, §17.0802 (10) (d) as added by SL 1941, ch 83, §1; SDC Supp 1960, §17.0802 (10) (c); SL 1993, ch 375, §19; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-1-39; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 01 - Definitions And General Provisions › Section 61-1-55 - Title inoperative if federal tax inoperative--Disposition of unobligated funds.

61-1-55. Title inoperative if federal tax inoperative--Disposition of unobligated funds.
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 unemployment compensation fund or returned by the United States Treasurer, because the federal Social Security Act is inoperative, shall be refunded to the contributors pro rata to their unexpended contributions.
Source:
SL 1936 (SS), ch 3, §20; SDC 1939, §17.0845; SL 2008, ch 277, §38; SDCL §61-1-41; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 02 - Employment Security Divisions › Section 61-2-1.1 - Department abolished--Performance of functions.

61-2-1.1. Department abolished--Performance of functions.
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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 02 - Employment Security Divisions › Section 61-2-7.1 - Reemployment assistance advisory council--Composition and appointment--Functions--Meetings--Reports.

61-2-7.1. Reemployment assistance advisory council--Composition and appointment--Functions--Meetings--Reports.
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 of their vocation, employment, or affiliations, and of any members representing the general public as the department may designate. The council shall aid the department in reviewing the reemployment assistance program as to the program's content, adequacy and effectiveness and to make recommendations for its improvement. The advisory council shall meet as frequently as the department determines is necessary, but not less than twice each year. The advisory council shall make reports of its meetings which shall include a record of its discussions and its recommendations. The department shall make the reports available to any interested persons or groups.
Source:
SL 1971, ch 276, §20; SL 2019, ch 216, §7.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 02 - Employment Security Divisions › Section 61-2-7.2 - Direction and supervision by Department of Labor and Regulation--Independent functions retained by councils.

61-2-7.2. Direction and supervision by Department of Labor and Regulation--Independent functions retained by councils.
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 special budgetary functions (as defined in §1-32-1) otherwise vested in the council and shall exercise those functions independently of the secretary of labor and regulation.
Source:
SL 1973, ch 2, §§91, 92; SL 1989, ch 30, §85; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2019, ch 216, §8.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 02 - Employment Security Divisions › Section 61-2-8 - Meetings and functions of advisory council.

61-2-8. Meetings and functions of advisory council.
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 from political influence in the solution of such problems.
Source:
SL 1936 (SS), ch 3, §11; SDC 1939, §17.0806; SL 1943, ch 77, §2; SL 1945, ch 78, §2; SL 1971, ch 276, §21; SL 1989, ch 30, §86; SL 2019, ch 216, §9.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 02 - Employment Security Divisions › Section 61-2-13 - Political activity of employees--Prohibited and permitted activity.

61-2-13. Political activity of employees--Prohibited and permitted activity.
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 political party office.
Source:
SL 1936 (SS), ch 3, §11; SDC 1939, §17.0805; SL 1957, ch 87; SL 1961, ch 104; SL 1993, ch 377, §3.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 02 - Employment Security Divisions › Section 61-2-16 - Administration of title by secretary--General powers.

61-2-16. Administration of title by secretary--General powers.
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 determine the department's organization and methods of procedure in accordance with the provisions of this title.
Source:
SL 1936 (SS), ch 3, §11; SDC 1939, §17.0807; SL 1951, ch 94, §4; SL 1978, ch 359, §19; SL 1993, ch 375, §21; SL 2008, ch 277, §44; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 02 - Employment Security Divisions › Section 61-2-18 - Recommendations to Governor and Legislature.

61-2-18. Recommendations to Governor and Legislature.
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.
Source:
SL 1936 (SS), ch 3, §11; SDC 1939, §17.0807; SL 1951, ch 94, §4; SL 2008, ch 277, §46; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 02 - Employment Security Divisions › Section 61-2-19 - Representation of state to congressional delegation--Cooperation with agencies of other states.

61-2-19. Representation of state to congressional delegation--Cooperation with agencies of other states.
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 represent these interests to the delegation of this state in the federal Congress. The secretary may co-operate with the other state labor agencies through any association of such state agencies which has been or may hereafter be organized, when the interests of the states generally in their reemployment assistance or unemployment compensation program are similarly involved.
Source:
SDC 1939, §17.0807 as added by SL 1955, ch 61; SL 2008, ch 277, §47; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2019, ch 216, §10.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-1 - General purposes of departmental programs--Assistance, investigations, and research.

61-3-1. General purposes of departmental programs--Assistance, investigations, and research.
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 vocational training, retraining, and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation by municipalities, counties, school districts, and the state of reserves for public works to be used in times of business depression and unemployment; to promote the re-employment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies.
Source:
SL 1936 (SS), ch 3, §11 (f); SDC 1939, §17.0810; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-2 - Work record maintained by employing unit--Inspection by department.

61-3-2. Work record maintained by employing unit--Inspection by department.
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 inspection and be subject to being copied by the Department of Labor and Regulation at any reasonable time and as often as may be necessary.
Source:
SL 1936 (SS), ch 3, §11 (g); SDC 1939, §17.0814; SL 1939, ch 84, §10; SL 1983, ch 22, §8; SL 1993, ch 375, §22; SL 2008, ch 277, §48; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-3 - Report required of employers by secretary.

61-3-3. Report required of employers by secretary.
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, §17.0814; SL 1939, ch 84, §10; SL 1943, ch 80; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-4 - Information confidential--Use by claimant at hearing--Violation as misdemeanor.

61-3-4. Information confidential--Use by claimant at hearing--Violation as misdemeanor.
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 Labor and Regulation shall be supplied with information from such records to the extent necessary for the proper presentation of the claimant's claim. Any employee or officer of the Department of Labor and Regulation who violates any of the provisions of this section commits a Class 2 misdemeanor.
Source:
SL 1936 (SS), ch 3, §11 (g); SDC 1939, §§17.0814, 17.9903; SL 1943, ch 80; SL 1978, ch 359, §2; SL 2008, ch 277, §49; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-5 - Reports and communications privileged in actions for defamation.

61-3-5. Reports and communications privileged in actions for defamation.
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 written or made in connection with the requirements and administration of this title or any rules promulgated pursuant to this title, may be made subject matter or basis for any action, whether civil or criminal, for slander or libel.
Source:
SDC 1939, §17.0814 as added by SL 1943, ch 80; SL 1993, ch 375, §23; SL 2008, ch 277, §50; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-6 - Preservation and destruction of departmental records.

61-3-6. Preservation and destruction of departmental records.
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. The secretary may order other records destroyed after a period of one year.
Source:
SDC 1939, §17.0847 as enacted by SL 1945, ch 78, §4; SL 1951, ch 94, §11; SL 2008, ch 277, §51.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-7 - Powers of departmental personnel in conduct of investigations and hearings.

61-3-7. Powers of departmental personnel in conduct of investigations and hearings.
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 witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of this title.
Source:
SL 1936 (SS), ch 3, §11 (h); SDC 1939, §17.0815; SL 2008, ch 277, §52; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.