reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-8 - Disobedience of subpoena not excused by privilege against self-incrimination--Immunity from prosecution after claim of privilege.

61-3-8. Disobedience of subpoena not excused by privilege against self-incrimination--Immunity from prosecution after claim of privilege.
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 secretary in any cause or proceeding before the department, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. However, no person may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled, after having claimed privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the person so testifying is not exempt from prosecution and punishment for perjury committed in so testifying.
Source:
SL 1936 (SS), ch 3, §11 (j); SDC 1939, §17.0816; SL 2008, ch 277, §53; 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 61-3-9 - Disobedience of departmental subpoena--Misdemeanor--Separate offenses.

61-3-9. Disobedience of departmental subpoena--Misdemeanor--Separate offenses.
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 of §61-3-7 is guilty of a Class 2 misdemeanor. Each day such violation continues shall be deemed to be a separate offense.
Source:
SL 1936 (SS), ch 3, §11 (i); SDC 1939, §17.9904; SL 1976, ch 158, §43-6; SL 2008, ch 277, §54.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-10 - Judicial enforcement of departmental subpoena--Disobedience as contempt.

61-3-10. Judicial enforcement of departmental subpoena--Disobedience as contempt.
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 resides or transacts business, upon application by the secretary of labor and regulation or the secretary's duly authorized representative, may issue to the person an order requiring the person to appear before the secretary or the secretary's duly authorized representative, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by the court as a contempt thereof.
Source:
SL 1936 (SS), ch 3, §11 (i); SDC 1939, §17.0815; SL 2008, ch 277, §55; 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 61-3-14 - Availability of laws, rules, and reports.

61-3-14. Availability of laws, rules, and reports.
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 to any person upon application therefor.
Source:
SL 1936 (SS), ch 3, §11 (c); SDC 1939, §17.0809; SL 1993, ch 375, §24; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2012, ch 252, §55.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-16 - Criminal prosecutions by attorney general or state's attorney.

61-3-16. Criminal prosecutions by attorney general or state's attorney.
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 of any county in which the employer has a place of business or the violator resides.
Source:
SL 1936 (SS), ch 3, §17; SDC 1939, §17.0841; SL 1993, ch 375, §25; SL 2008, ch 277, §56.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-17 - Representation of department in civil actions.

61-3-17. Representation of department in civil actions.
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 department's request, by the attorney general.
Source:
SL 1936 (SS), ch 3, §17; SDC 1939, §17.0841; 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 61-3-18 - Promulgation of rules to secure federal benefits.

61-3-18. Promulgation of rules to secure federal benefits.
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 Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment Compensation Act of 1970.
Source:
SDC 1939, §17.0811 as added by SL 1939, ch 87, §1; SL 1971, ch 276, §23; SL 1993, ch 375, §26; SL 2019, ch 216, §11.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-19 - Arrangements with other states for coordinated administration of benefits.

61-3-19. Arrangements with other states for coordinated administration of benefits.
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 compensation laws of other states which are approved by the United States secretary of labor in consultation with the state reemployment assistance or unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in the situations and which include provisions for applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state reemployment assistance or unemployment compensation laws, and avoiding the duplicate use of wages and employment by reason of such combining.
Source:
SL 1936 (SS), ch 3, §11 (1); SDC 1939, §17.0812; SL 1939, ch 87, §2; SL 1943, ch 77, §3; SDC Supp 1960, §17.0812 (1); SL 1971, ch 276, §24; SL 2008, ch 277, §57; SL 2019, ch 216, §12.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-20 - Agreements with federal government and other states for coordinated collection of contributions.

61-3-20. Agreements with federal government and other states for coordinated collection of contributions.
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.
Source:
SDC 1939, §17.0812 (3) as added by SL 1939, ch 87, §2; SL 1943, ch 77, §3; SDC Supp 1960, §17.0812 (2); SL 2008, ch 277, §58; 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 61-3-21 - Cooperation and compliance with federal requirements--Reports and information.

61-3-21. Cooperation and compliance with federal requirements--Reports and information.
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 containing the information as the secretary of labor and regulation may from time to time require. The department shall comply with such provisions as the secretary of labor and regulation may from time to time find necessary to assure the correctness and verification of such reports. The department shall comply with the regulations prescribed by the secretary of labor and regulation governing the expenditures of such sums as may be allotted and paid to this state under Title III of the Social Security Act for the purpose of assisting in the administration of this title.
Source:
SL 1936 (SS), ch 3, §11 (k); SDC 1939, §17.0811; SL 1939, ch 87, §1; SL 2008, ch 277, §59; 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 61-3-22 - Records made available to railroad retirement board.

61-3-22. Records made available to railroad retirement board.
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 board deems necessary for its purposes.
Source:
SDC 1939, §17.0811 as added by SL 1939, ch 87, §1; 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 61-3-23 - Information furnished to federal public works agencies.

61-3-23. Information furnished to federal public works agencies.
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 of benefits and such recipient's rights to further benefits under this title.
Source:
SL 1936 (SS), ch 3, §11 (k); SDC 1939, §17.0811; SL 1939, ch 87, §1; 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 61-3-24 - Employment security administration fund created--Moneys paid into fund--Purposes for which used.

61-3-24. Employment security administration fund created--Moneys paid into fund--Purposes for which used.
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 provisions of this title, and may not lapse at any time or be transferred to any other fund. All moneys in this fund which are received from the federal government or any agency thereof shall be expended solely for the purposes and in the amounts found necessary by the United States secretary of labor for the proper and efficient administration of this title. The fund shall consist of all moneys received from the United States of America, or any agency thereof, including the United States secretary of labor, and all moneys received from any other source for such purpose and shall include also any moneys received from the railroad retirement board as compensation for services or facilities supplied to said board, any amounts paid pursuant to any surety bond or insurance policy or from other sources for losses sustained by the employment security administration fund or by reason of damage to equipment or supplies purchased from moneys in such fund, and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this title.
Source:
SL 1936 (SS), ch 3, §13; SDC 1939, §17.0817; SL 1939, ch 87, §4; SL 1939, ch 88, §1; SL 1941, ch 84; SDC Supp 1960, §17.0817 (1); SL 1965, ch 97, §1; SL 2008, ch 277, §60; 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 61-3-25 - Separate administration and accounting for administration fund--Security provided by depository.

61-3-25. Separate administration and accounting for administration fund--Security provided by depository.
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 commingled with other state funds. The money shall be maintained in a separate account on the books of a depository bank. The money shall be secured by the depository in which it is held to the same extent and in the same manner as required by the general depository law of the state, and collateral pledged shall be maintained in a separate custody account.
Source:
SL 1936 (SS), ch 3, §13; SDC 1939, §17.0817; SL 1939, ch 87, §4; SL 1939, ch 88, §1; SL 1941, ch 84; SDC Supp 1960, §17.0817 (1); SL 1965, ch 97, §1; SL 2008, ch 277, §61.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-26 - Administration fund covered by state treasurer's bond--Deposit of recoveries on bond.

61-3-26. Administration fund covered by state treasurer's bond--Deposit of recoveries on bond.
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 separate bond which may be given. Any sum recovered on any surety bond for losses sustained by the employment security administration fund shall be deposited in the fund.
Source:
SL 1936 (SS), ch 3, §13; SDC 1939, §17.0817; SL 1939, ch 87, §4; SL 1939, ch 88, §1; SL 1941, ch 84; SDC Supp 1960, §17.0817 (1); SL 1965, ch 97, §1; SL 2008, ch 277, §62.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-27 - State obligation to replace federal contributions expended in unauthorized manner.

61-3-27. State obligation to replace federal contributions expended in unauthorized manner.
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 Act, any unencumbered balances in the employment security administration fund as of that date, any moneys thereafter granted to this state pursuant to the provisions of the Wagner-Peyser Act, which the United States secretary of labor finds have, because of any action or contingency, been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the United States secretary of labor for the proper administration of this title. Such moneys shall be promptly replaced by moneys appropriated for such purpose from the general funds of this state to the employment security administration fund for expenditure as provided in §61-3-24. The Department of Labor and Regulation shall promptly report to the Governor, and the Governor to the Legislature, the amount required for such replacement. This section does not relieve this state of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of title III of the Social Security Act.
Source:
SDC 1939, §17.0817 (2) as added by SL 1941, ch 84; SL 1965, ch 97, §1; SL 2008, ch 277, §63; 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 61-3-28 - Employment security contingency fund established--Interest, penalty, and fine payments paid into fund--Restrictions on expenditures--Use of fund.

61-3-28. Employment security contingency fund established--Interest, penalty, and fine payments paid into fund--Restrictions on expenditures--Use of fund.
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 fines collected under this title together with any interest earned on moneys in this fund. Any provisions of this title to the contrary notwithstanding, all interest, penalty and fine payments collected shall be deposited in the clearing account of the unemployment compensation fund for clearance only and may not become a part of such fund. After clearance thereof, the moneys derived from such payments, less refunds made pursuant to §61-3-29 and other provisions of this title, shall be deposited in the employment security contingency fund. The moneys may not be expended or available for expenditure in any manner which would permit their substitution for, or a corresponding reduction in, federal funds which would, in the absence of the moneys, be available to finance expenditures for the administration of this title, but nothing in §§61-3-28 to 61-3-31, inclusive, prevents the moneys from being used as a revolving fund, to cover expenditures for which federal funds have been requested but have not yet been received, subject to the charging of such expenditures against such funds when received. The moneys in this fund shall be used by the department, with prior approval of the Governor for each withdrawal, for the payment of costs of administration which the Governor finds are not properly and validly chargeable against federal grants (or other funds) received for or in the employment security administration fund. The moneys in this fund are hereby specifically made available to the department, with prior approval by the Governor, for replacement within a reasonable period of time, of any moneys received by this state in the form of grants from the federal government for administrative expenses which because of any action or contingency have been lost or have been expended for purposes other than, or in excess of, those found by the United States secretary of labor to be necessary for the proper and efficient administration of this title. Such moneys shall be available either to satisfy the obligations incurred directly or by transferring the required amount from the employment security contingency fund to the employment security administration fund.
Source:
SL 1968, ch 86, §3; SL 2008, ch 277, §64.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-29 - Refunds of interest, penalties, and fines paid from employment security contingency fund.

61-3-29. Refunds of interest, penalties, and fines paid from employment security contingency fund.
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 employment security contingency fund. No interest and penalty payments may be refunded from the unemployment compensation fund.
Source:
SL 1968, ch 86, §3; SL 2008, ch 277, §65.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-30 - Expenditures and refunds from employment security contingency fund--Deposit, administration, and disbursement of fund.

61-3-30. Expenditures and refunds from employment security contingency fund--Deposit, administration, and disbursement of fund.
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 except as provided in §61-3-31. All moneys in the employment security contingency fund shall be deposited, administered, and disbursed in the same manner as is provided by law for other special funds of the state treasurer.
Source:
SL 1968, ch 86, §3; SL 2008, ch 277, §66.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 03 - Administration And Enforcement › Section 61-3-31 - Transfer of contingency fund balance to unemployment compensation fund.

61-3-31. Transfer of contingency fund balance to unemployment compensation fund.
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, §3; SL 2008, ch 277, §67.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-1 - Fund created--General purpose.

61-4-1. Fund created--General purpose.
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), ch 3, §9 (a); SDC 1939, §17.0818; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-2 - Contributions, receipts, and earnings constituting fund.

61-4-2. Contributions, receipts, and earnings constituting fund.
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 acquired through the use of moneys belonging to the fund; and
(4)All earnings of such property or securities.
All moneys in the fund shall be mingled and undivided.
Source:
SL 1936 (SS), ch 3, §9 (a); SDC 1939, §17.0818; SL 1968, ch 86, §1; SL 2013, ch 258, §9.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-3 - Secretary to administer fund--Liability on bond.

61-4-3. Secretary to administer fund--Liability on bond.
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 unemployment compensation fund.
Source:
SL 1936 (SS), ch 3, §9 (b); SDC 1939, §17.0819; SL 1943, ch 81; SL 1965, ch 97, §3; SL 2008, ch 277, §68; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-4 - Separate accounts within fund.

61-4-4. Separate accounts within fund.
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; SL 1965, ch 97, §3; SL 1971, ch 276, §25.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-5 - Receipts deposited in clearing account--Refunds from clearing account--Deposits to trust fund held by secretary of treasury.

61-4-5. Receipts deposited in clearing account--Refunds from clearing account--Deposits to trust fund held by secretary of treasury.
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 clearance thereof all other moneys in the clearing account shall immediately be deposited with the secretary of the treasury of the United States of America to the credit of the account of this state in the unemployment trust fund established and maintained pursuant to section 904 of the Social Security Act as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding.
Source:
SL 1936 (SS), ch 3, §9 (b); SDC 1939, §17.0819; SL 1943, ch 81; SL 1965, ch 97, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2013, ch 258, §10.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-6 - Requisitions on trust fund for payment of benefits and refunds.

61-4-6. Requisitions on trust fund for payment of benefits and refunds.
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 necessary for the payment of benefits for a reasonable future period and for refunds to employers.
Source:
SL 1936 (SS), ch 3, §9 (c); SDC 1939, §17.0820; SL 1947, ch 88, §8; SL 1951, ch 94, §5; SL 1965, ch 97, §4; SL 1983, ch 22, §11; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-7 - Deposit of requisitioned moneys in benefit and clearing accounts--Payment of benefits and refunds.

61-4-7. Deposit of requisitioned moneys in benefit and clearing accounts--Payment of benefits and refunds.
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 the payment of refunds in the clearing account and shall issue checks for the payment of refunds solely from the clearing account.
Expenditures from the benefit account and refunds from the clearing account are not subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody.
Source:
SL 1936 (SS), ch 3, §9 (c); SDC 1939, §17.0820; SL 1947, ch 88, §8; SL 1951, ch 94, §5; SL 1965, ch 97, §4; SL 2008, ch 277, §69.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-8 - Disposition of unexpended balance of requisitioned moneys.

61-4-8. Disposition of unexpended balance of requisitioned moneys.
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 utilized for the payment of benefits or refunds during succeeding periods, or in the discretion of the secretary of labor and regulation shall be redeposited with the secretary of the treasury of the United States of America to the credit of this state's account in the unemployment trust fund as provided in §61-4-5.
Source:
SL 1936 (SS), ch 3, §9 (c); SDC 1939, §17.0820; SL 1947, ch 88, §8; SL 1951, ch 94, §5; SL 1965, ch 97, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-9 - Source of moneys in benefit account.

61-4-9. Source of moneys in benefit account.
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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-10 - Depository for clearing and benefit accounts.

61-4-10. Depository for clearing and benefit accounts.
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 of the fund.
Source:
SL 1936 (SS), ch 3, §9 (b); SDC 1939, §17.0819; SL 1943, ch 81; SL 1965, ch 97, §3; SL 2008, ch 277, §70; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-11 - Reversion of unclaimed checks and warrants.

61-4-11. Reversion of unclaimed checks and warrants.
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 the law in this state to the contrary notwithstanding.
Source:
SDC 1939, §17.0820 as added by SL 1965, ch 97, §4.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-13 - Provisions relating to trust fund dependent on separate accounting by secretary of treasury.

61-4-13. Provisions relating to trust fund dependent on separate accounting by secretary of treasury.
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 continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this state's proportionate share of the earnings of such unemployment trust fund, from which no other state is permitted to make withdrawals.
Source:
SL 1936 (SS), ch 3, §9 (d); SDC 1939, §17.0821; SL 1965, ch 97, §5.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 04 - The Unemployment Compensation Fund › Section 61-4-14 - Transfer to secretary on termination of trust fund or separate accounting.

61-4-14. Transfer to secretary on termination of trust fund or separate accounting.
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 of labor and regulation who shall hold, invest, transfer, sell, deposit, and release such moneys, properties, or securities in accordance with the provisions of this title.
Source:
SL 1936 (SS), ch 3, §9 (d); SDC 1939, §17.0821; SL 1965, ch 97, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-1 - Employer subject to title for entire year.

61-5-1. Employer subject to title for entire year.
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 107, §2; SL 2008, ch 277, §71.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-3 - Elective coverage of employer--Minimum period of coverage--Notice of termination.

61-5-3. Elective coverage of employer--Minimum period of coverage--Notice of termination.
An employing unit, not otherwise subject to this title, which files with the Department of Labor and Regulation its written election to become an employer subject hereto for not less than two calendar years, shall, with the written approval of such election by the department, become an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January first of any calendar year subsequent to such two calendar years, only if the employing unit has filed with the department a written notice to that effect prior to the first day of July of such calendar year.
Source:
SL 1936 (SS), ch 3, §8; SDC 1939, §17.0823 (3) (a); SL 1941, ch 86, §1; SL 1943, ch 77, §5; SL 1961, ch 107, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-4 - Elective coverage of distinct place of business--Minimum period of coverage--Notice of termination.

61-5-4. Elective coverage of distinct place of business--Minimum period of coverage--Notice of termination.
Any employing unit for which services that do not constitute employment as defined in this title are performed, may file with the Department of Labor and Regulation a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this title for not less than two calendar years. Upon the written approval of such election by the department, such services shall be deemed to constitute employment subject to this title from and after the date stated in such approval. Such services shall cease to be deemed employment subject hereto as of January first of any calendar year subsequent to such two calendar years, only if the employing unit has filed with the department a written notice to that effect prior to the first day of July of such calendar year.
Source:
SL 1936 (SS), ch 3, §8; SDC 1939, §17.0823 (3) (b); SL 1941, ch 86, §1; SL 1943, ch 77, §5; SL 1961, ch 107, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-5 - Termination of elective coverage on notice by secretary.

61-5-5. Termination of elective coverage on notice by secretary.
The secretary of labor and regulation may terminate any election agreement under §61-5-3 or 61-5-4 upon thirty days' written notice to the employer.
Source:
SDC 1939, §17.0823 (3) (c) as added by SL 1961, ch 107, §2; SL 2008, ch 277, §72; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-11 - Termination of coverage on application by employer no longer subject to title.

61-5-11. Termination of coverage on application by employer no longer subject to title.
An employing unit shall cease to be an employer subject to this title, only as of the first day of January of any calendar year, if it files with the department, prior to the first day of July of such year, a written application for termination of coverage, and the department finds that the employment in the preceding calendar year was not sufficient to make the employing unit liable under the provisions of §§61-1-4 to 61-1-9, inclusive. For the purpose of this section the two or more employing units mentioned in §61-1-5 or 61-1-6 shall be treated as a single employing unit.
Source:
SL 1936 (SS), ch 3, §8; SDC 1939, §17.0823 (2); SL 1939, ch 86, §4; SL 1941, ch 86, §1; SL 1943, ch 77, §5; SL 1961, ch 107, §2; SDCL §61-5-51; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-15 - Termination of coverage on transfer of account to successor in business.

61-5-15. Termination of coverage on transfer of account to successor in business.
The department shall terminate the coverage of any employing unit as of the date on which the employer ceases to have employment because of the sale of the employer's entire business and the employing unit's entire rating account is transferred to another employer under §61-5-42.
Source:
SDC 1939, §17.0823 (2) as added by SL 1961, ch 107, §2; SL 2008, ch 277, §106; SDCL §61-5-52; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-17 - Termination of coverage on employer's cessation of business.

61-5-17. Termination of coverage on employer's cessation of business.
The department shall terminate coverage for any employer as of January first of any year, if the employer ceases business for any purpose and one calendar year has elapsed since the employer has employed one or more persons for twenty days, each day being in a different week, or has paid wages of one thousand five hundred dollars or more in a calendar quarter.
Source:
SDC 1939, §17.0823 (2) as added by SL 1961, ch 107, §2; SL 1971, ch 276, §50; SL 2008, ch 277, §107; SDCL §61-5-53; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-18 - Provisions governing employers' contributions.

61-5-18. Provisions governing employers' contributions.
Contributions to the unemployment compensation fund required for the purposes of this title shall be made and accounted for as provided by §§61-5-23 to 61-5-53, inclusive.
Source:
SDC 1939, §17.0822; SL 1947, ch 89, §1; SDCL §61-5-15; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-23 - Rules establishing method of computing employers' contributions.

61-5-23. Rules establishing method of computing employers' contributions.
The secretary of labor and regulation shall promulgate rules pursuant to chapter 1-26 to establish the method for determining the contribution rate applicable to each employer on the basis of the employer's actual experience in the payment of contributions and with respect to benefits charged against the employer's individual experience-rating account, in accordance with the requirements of §§61-5-24 to 61-5-28, inclusive and 61-5-31.
Source:
SL 1937, ch 224, §3; SDC 1939, §17.0822 (3); SL 1947, ch 89, §1; SDC Supp 1960, §17.0822 (2); SL 1961, ch 106, §2; SL 1993, ch 375, §27; SL 2008, ch 277, §76; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-5-17; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-24 - Initial contribution rates for employers--Employer classification--Experience rating.

61-5-24. Initial contribution rates for employers--Employer classification--Experience rating.
An employer subject to this title has a contribution rate of one and two tenths percent the first year and, if the employer has a positive account balance at the beginning of subsequent years, a contribution rate of one percent thereafter until the employer qualifies for experience rating. However, an employer subject to this title who is classified in construction services shall be assigned a rate of six percent the first year and, if the employer has a positive account balance at the beginning of subsequent years, a contribution rate of three percent thereafter until the employer qualifies for experience rating. Any employer classification prior to January 1, 2001, shall be assigned pursuant to Division C of the Standard Industrial Classification Manual of 1987 as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President. Any employer classification after December 31, 2000, shall be assigned pursuant to Sector 23 of the North American Industry Classification System Manual, which is prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President. An employer qualifies for experience rating for a year and is rated pursuant to §61-5-25 if, as of the computation date applicable to that year, benefits have been chargeable to the employer's account throughout each of the two consecutive twelve-month periods immediately preceding the computation date.
Source:
SL 1971, ch 276, §38; SL 1982, ch 369, §8; SL 1983, ch 382; SL 1984, ch 334, §§1, 5; SL 1987, ch 387, §4; SL 1988, ch 413, §3; SL 1989, ch 448, §3; SL 1991, ch 416, §3; SL 1993, ch 378, §3; SL 2000, ch 252, §1; SDCL §61-5-20.2; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-25 - Employer's contribution rates--Rate schedule based on average high cost multiplier ratio.

61-5-25. Employer's contribution rates--Rate schedule based on average high cost multiplier ratio.
If an employer has met the requirements of §61-5-24 on the computation date for the year, then the employer's contribution rate shall be the rate appearing in Column "A" on the same line the employer's reserve ratio appears in Column "B" of the rate schedule applicable to that year. The computation date for calendar year 2012 and each year thereafter is June thirtieth of the preceding year.
The rate schedule for each calendar year shall be determined based upon the South Dakota average high cost multiplier ratio. The average high cost multiplier ratio is calculated by dividing the amount in the unemployment compensation fund, as established by §61-4-1, as of June thirtieth of the preceding year, by the amount required in the unemployment compensation fund that equals the average high cost multiple of 1.0, as of December thirty-first of the last completed calendar year. The following rate schedules apply:
(1)From January 1, 2018, to December 31, 2023, inclusive:
(a)Schedule A is in effect for any calendar year when the South Dakota average high cost multiplier ratio is less than 1.60; and
(b)Schedule B is in effect for any calendar year when the South Dakota average high cost multiplier ratio is greater than or equal to 1.60.
(2)Beginning January 1, 2024:
(a)Schedule A is in effect for any calendar year when the South Dakota average high cost multiplier ratio is less than 1.30;
(b)Schedule B is in effect for any calendar year when the South Dakota average high cost multiplier ratio is less than 1.50 and greater than or equal to 1.30; and
(c)Schedule C is in effect for any calendar year when the South Dakota average high cost multiplier ratio is greater than or equal to 1.50.
For purposes of this section, the term, average high cost multiple, has the same meaning given in 20 C.F.R. §606.3, as amended on September 17, 2010. An amount equal to an average high cost multiple of 1.0 is a federal measure of adequate reserves in relation to the state's current economy.
Source: SDC 1939, §17.0822 (2) (b) (1) as added by SL 1947, ch 89, §1; SL 1953, ch 76, §3; SL 1961, ch 106, §2; SL 1971, ch 277, §1; SL 1982, ch 371, §1; SL 1983, ch 381, §1; SL 1984, ch 334, §§2, 5; SL 1987, ch 387, §3; SL 2008, ch 277, §77; SL 2011, ch 225, §1; SDCL §61-5-18; SL 2012, ch 252, §59; SL 2017, ch 217, §1; SL 2023, ch 171, §1.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 05 - Employers' Contributions And Accounts › Section 61-5-25.1 - Employer's reserve ratio for 2007 through 2009.

61-5-25.1. Employer's reserve ratio for 2007 through 2009.
The employer's reserve ratio for calendar year 2007 through calendar year 2009 shall be the result obtained by dividing the balance of credits existing in the employer's experience-rating account by the total taxable payroll of the employer for the preceding three calendar years.
Column "A"
Column "B"
Contribution Rate
Reserve Ratio
8.50%
Less than 7.00%
8.00%
7.00% and Less than 6.50%
7.50%
6.50% and Less than 6.00%
7.00%
6.00% and Less than 5.50%
6.50%
5.50% and Less than 5.00%
6.00%
5.00% and Less than 4.50%
5.50%
4.50% and Less than 4.00%
5.00%
4.00% and Less than 3.50%
4.50%
3.50% and Less than 3.00%
4.00%
3.00% and Less than 2.50%
3.50%
2.50% and Less than 2.00%
3.00%
2.00% and Less than 1.50%
2.50%
1.50% and Less than 1.00%
2.00%
1.00% and Less than 0.50%
1.50%
0.50% and Less than 0.00%
1.00%
0.00% and Less than 0.20%
0.90%
0.20% and Less than 0.40%
0.80%
0.40% and Less than 0.60%
0.70%
0.60% and Less than 0.80%
0.60%
0.80% and Less than 1.00%
0.50%
1.00% and Less than 1.20%
0.40%
1.20% and Less than 1.30%
0.30%
1.30% and Less than 1.40%
0.20%
1.40% and Less than 1.50%
0.10%
1.50% and Less than 1.60%
0.00%
1.60% and Over
Source:
SL 2006, ch 267, §3; SL 2010, ch 247, §2, eff. Mar. 10, 2010; SDCL §61-5-18.15; SL 2012, ch 252, §59.