South Dakota Code — 61
Browse 318 sections in division 61 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 61-1-1. Definition of terms.
- § 61-1-2. Department to administer title.
- § 61-1-3. Employing unit defined.
- § 61-1-4. Employer defined.
- § 61-1-5. Successor employers subject to coverage.
- § 61-1-5.1. Combined payrolls of predecessor and successor qualifying for coverage.
- § 61-1-6. Employer subject to coverage by addition of another employing unit.
- § 61-1-7. Extension of coverage to employment taxed under federal law.
- § 61-1-8. Required coverage continues until terminated by law.
- § 61-1-9. Elective coverage continues for period of election.
- § 61-1-10. Employment defined.
- § 61-1-10.1. Transferred to §§ 61-1-12, 61-1-13 by SL 2012, ch 252, § 59.
- § 61-1-10.6. Transferred to §§ 61-1-22 to 61-1-25 by SL 2012, ch 252, § 59.
- § 61-1-11. Employee and independent contractor distinguished.
- § 61-1-12. Agent-drivers, commission-drivers, and salesmen included.
- § 61-1-13. Employment by state or instrumentalities included.
- § 61-1-14. Unemployment compensation funds for political subdivisions permitted--Expenditures from fund.
- § 61-1-15. Employment by religious, charitable, educational, or other organization included.
- § 61-1-17. Agricultural labor included--Criteria.
- § 61-1-18. Services included within agricultural labor.
- § 61-1-19. Certain domestic service included.
- § 61-1-20. Foreign service for employer with principal place of business in state included.
- § 61-1-22. Foreign service for employer resident in state included.
- § 61-1-23. Elective coverage of foreign service.
- § 61-1-24. American employer defined.
- § 61-1-25. Crew members of American vessels included.
- § 61-1-26. Service within and without state included--Base of operations or residence as basis for coverage.
- § 61-1-27. Service considered within state--Services in more than one state.
- § 61-1-28. Services within state not covered by any other compensation law.
- § 61-1-30. Service outside state controlled from within state.
- § 61-1-31. Federal employment exempt--Payments permitted by Congress--Refund when state not certified.
- § 61-1-32. Employment exempt when covered by federal compensation law--Agreements for reciprocal treatment.
- § 61-1-33. Employment exempt under Federal Unemployment Tax Act.
- § 61-1-34. Foreign government service exempt.
- § 61-1-35. Instrumentalities of foreign governments exempt.
- § 61-1-36. Exempt employment by churches, institutions and state.
- § 61-1-37. Incidental and student employment by educational institutions and nonprofit organizations exempt.
- § 61-1-38. Student nurses, interns, and hospital patients exempt.
- § 61-1-39. Newspaper delivery by minors exempt.
- § 61-1-41. Insurance agents and solicitors exempt.
- § 61-1-44. Employment by close relative exempt.
- § 61-1-45. Coverage determined by nature of employment for major part of pay period.
- § 61-1-46. Wages defined--Maximum annual wages subject to coverage.
- § 61-1-47. National Guard weekend training payments not deemed wages.
- § 61-1-48. Employer's contributions to certain plans not deemed wages.
- § 61-1-49. Social security tax payments not deemed wages.
- § 61-1-50. Dismissal payments not deemed wages.
- § 61-1-51. Week of unemployment defined.
- § 61-1-52. Registration at employment office required to commence week of unemployment.
- § 61-1-53. Rules covering temporary or partial employment.
- § 61-1-54. Rules covering seasonal employment.
- § 61-1-55. Title inoperative if federal tax inoperative--Disposition of unobligated funds.
- § 61-2-1.1. Department abolished--Performance of functions.
- § 61-2-2. Superseded.
- § 61-2-7.1. Reemployment assistance advisory council--Composition and appointment--Functions--Meetings--Reports.
- § 61-2-7.2. Direction and supervision by Department of Labor and Regulation--Independent functions retained by councils.
- § 61-2-8. Meetings and functions of advisory council.
- § 61-2-13. Political activity of employees--Prohibited and permitted activity.
- § 61-2-15. Repealed
- § 61-2-15.1. Repealed
- § 61-2-15.2. Repealed
- § 61-2-15.3. Repealed
- § 61-2-15.4. Repealed
- § 61-2-15.5. Repealed
- § 61-2-15.6. Repealed
- § 61-2-16. Administration of title by secretary--General powers.
- § 61-2-18. Recommendations to Governor and Legislature.
- § 61-2-19. Representation of state to congressional delegation--Cooperation with agencies of other states.
- § 61-3-1. General purposes of departmental programs--Assistance, investigations, and research.
- § 61-3-2. Work record maintained by employing unit--Inspection by department.
- § 61-3-3. Report required of employers by secretary.
- § 61-3-4. Information confidential--Use by claimant at hearing--Violation as misdemeanor.
- § 61-3-5. Reports and communications privileged in actions for defamation.
- § 61-3-6. Preservation and destruction of departmental records.
- § 61-3-7. Powers of departmental personnel in conduct of investigations and hearings.
- § 61-3-8. Disobedience of subpoena not excused by privilege against self-incrimination--Immunity from prosecution after claim of privilege.
- § 61-3-9. Disobedience of departmental subpoena--Misdemeanor--Separate offenses.
- § 61-3-10. Judicial enforcement of departmental subpoena--Disobedience as contempt.
- § 61-3-11. Repealed by SL 1983, ch 22, §§ 9, 10.
- § 61-3-14. Availability of laws, rules, and reports.
- § 61-3-16. Criminal prosecutions by attorney general or state's attorney.
- § 61-3-17. Representation of department in civil actions.
- § 61-3-18. Promulgation of rules to secure federal benefits.
- § 61-3-19. Arrangements with other states for coordinated administration of benefits.
- § 61-3-20. Agreements with federal government and other states for coordinated collection of contributions.
- § 61-3-21. Cooperation and compliance with federal requirements--Reports and information.
- § 61-3-22. Records made available to railroad retirement board.
- § 61-3-23. Information furnished to federal public works agencies.
- § 61-3-24. Employment security administration fund created--Moneys paid into fund--Purposes for which used.
- § 61-3-25. Separate administration and accounting for administration fund--Security provided by depository.
- § 61-3-26. Administration fund covered by state treasurer's bond--Deposit of recoveries on bond.
- § 61-3-27. State obligation to replace federal contributions expended in unauthorized manner.
- § 61-3-28. Employment security contingency fund established--Interest, penalty, and fine payments paid into fund--Restrictions on expenditures--Use of fund.
- § 61-3-29. Refunds of interest, penalties, and fines paid from employment security contingency fund.
- § 61-3-30. Expenditures and refunds from employment security contingency fund--Deposit, administration, and disbursement of fund.
- § 61-3-31. Transfer of contingency fund balance to unemployment compensation fund.
- § 61-4-1. Fund created--General purpose.
- § 61-4-2. Contributions, receipts, and earnings constituting fund.
- § 61-4-3. Secretary to administer fund--Liability on bond.
- § 61-4-4. Separate accounts within fund.
- § 61-4-5. Receipts deposited in clearing account--Refunds from clearing account--Deposits to trust fund held by secretary of treasury.
- § 61-4-6. Requisitions on trust fund for payment of benefits and refunds.
- § 61-4-7. Deposit of requisitioned moneys in benefit and clearing accounts--Payment of benefits and refunds.
- § 61-4-8. Disposition of unexpended balance of requisitioned moneys.
- § 61-4-9. Source of moneys in benefit account.
- § 61-4-10. Depository for clearing and benefit accounts.
- § 61-4-11. Reversion of unclaimed checks and warrants.
- § 61-4-13. Provisions relating to trust fund dependent on separate accounting by secretary of treasury.
- § 61-4-14. Transfer to secretary on termination of trust fund or separate accounting.
- § 61-4-15. Investment of trust fund moneys transferred to secretary.
- § 61-5-1. Employer subject to title for entire year.
- § 61-5-3. Elective coverage of employer--Minimum period of coverage--Notice of termination.
- § 61-5-4. Elective coverage of distinct place of business--Minimum period of coverage--Notice of termination.
- § 61-5-5. Termination of elective coverage on notice by secretary.
- § 61-5-6. 61-5-6 to 61-5-9. Repealed by SL 1977, ch 420, § 38.
- § 61-5-11. Termination of coverage on application by employer no longer subject to title.
- § 61-5-15. Termination of coverage on transfer of account to successor in business.
- § 61-5-17. Termination of coverage on employer's cessation of business.
- § 61-5-18. Provisions governing employers' contributions.
- § 61-5-18.1. Temporary and obsolete.
- § 61-5-18.5. Repealed by SL 1993, ch 377, §§ 4 to 9.
- § 61-5-20.3. Transferred to §§ 61-5-26 to 61-5-26.4 by SL 2012, ch 252, § 59.
- § 61-5-23. Rules establishing method of computing employers' contributions.
- § 61-5-24. Initial contribution rates for employers--Employer classification--Experience rating.
- § 61-5-24.1. Transferred to §§ 61-5-29, 61-5-29.1 by SL 2012, ch 252, § 59.
- § 61-5-25. Employer's contribution rates--Rate schedule based on average high cost multiplier ratio.
- § 61-5-25.1. Employer's reserve ratio for 2007 through 2009.
- § 61-5-25.2. Employer's contribution rates for 2010 through 2014.
- § 61-5-25.3. Employer's reserve ratio--Contribution rates for 2015 through 2017.
- § 61-5-25.4. Employer's reserve ratio--Contribution rates for 2018 through 2019.
- § 61-5-25.5. Employer's reserve ratio--Contribution rates for 2020 through 2023.
- § 61-5-25.6. Employer's reserve ratio--Contribution rates for 2024 through 2025.
- § 61-5-25.7. Employer's reserve ratio--Contribution rates for 2026 and thereafter.
- § 61-5-27. Reduced rate refused for delinquencies.
- § 61-5-28. Increase in all employers' rate on reduction of amount in the unemployment compensation fund--Application and duration of rate--Amount payable.
- § 61-5-28.1. Administrative fee.
- § 61-5-29. South Dakota’s future fee--Promulgation of rules.
- § 61-5-29.1. Employer's investment in South Dakota's future fund--Administration--Continuous appropriation--Purposes.
- § 61-5-29.3. Employer's investment in South Dakota's future fund--Reporting requirements--Committee questions.
- § 61-5-29.4. Employer’s investment in South Dakota’s future fund--Business plan required from business applicant--Contents.
- § 61-5-29.5. Employer’s investment in South Dakota’s future fund--Award as reimbursement--Conditions--Agreement to be public.
- § 61-5-29.6. Employer’s investment in South Dakota’s future fund--Recommendation to Governor--Agreement signatures--Agreement to be public--Exception.
- § 61-5-29.7. Employer’s investment in South Dakota’s future fund--Promulgation of rules.
- § 61-5-31. Interest on negative balance in employer's experience rating account.
- § 61-5-32. Contributions by nonprofit organizations or political subdivisions--Direct payment of benefits in lieu of contributions.
- § 61-5-32.1. Transferred to §§ 61-5-46 to 61-5-50 by SL 2012, ch 252, § 59.
- § 61-5-33. Rights of appeal under political subdivision coverage.
- § 61-5-34. Voluntary additional contributions credited to employer's account.
- § 61-5-35. Contributions paid in accordance with rules.
- § 61-5-36. Deduction of contributions from wages prohibited.
- § 61-5-37. Contributions credited to experience-rating accounts.
- § 61-5-38. Benefits charged against accounts--Allocation among successive employers in base period.
- § 61-5-39. Benefits charged against experience-rating accounts--Events for which account not chargeable--Erroneous payments.
- § 61-5-40. Charges to experience-rating accounts not applicable to employers reimbursing benefits.
- § 61-5-41. Proration among all employer experience-rating accounts of benefits paid but not charged to employer's experience-rating account.
- § 61-5-42. Succession to experience-rating account on acquisition of business by another--Federal standards to be met.
- § 61-5-43. Circumstance warranting return of experience-rating accounts to sellers.
- § 61-5-44. New experience-rating account established after five years without coverage--Prior balances not considered--Exception.
- § 61-5-45. Experience-rating account continued during employer's military service--Reestablishment on resumption of business.
- § 61-5-46. Mandatory transfer of experience-rating account on transfer of business to another--Rate recalculation--Exception.
- § 61-5-47. Knowing violation or attempted violation of § 61-5-46 related to determining contribution rate assignment as misdemeanor--Additional penalties.
- § 61-5-48. Rules to implement application of § 61-5-46.
- § 61-5-49. Definitions applicable to §§ 61-5-46 to 61-5-48.
- § 61-5-50. Interpretation and application of §§ 61-5-46 to 61-5-49 to meet federal standards.
- § 61-5-51. Waiver of mandatory transfer of experience-rating account--Conditions.
- § 61-5-52. Procedures to identify transfer or acquisition of business.
- § 61-5-53. Pooled fund maintained by department--Moneys credited.
- § 61-5-54. Violation by employer to reduce benefits or contributions as misdemeanor--Separate offenses.
- § 61-5-55. Employee's agreement to pay employer's contributions void-- Deduction from wages prohibited--Violation as misdemeanor.
- § 61-5-56. Adjustment and refund of erroneous contributions.
- § 61-5-57. Interest on delinquent contributions.
- § 61-5-58. Penalty for failure to timely pay contributions or submit reports.
- § 61-5-59. Delinquent contributions as lien on employer's property--Attachment and continuation of lien.
- § 61-5-60. Notice of lien filed with register of deeds.
- § 61-5-61. Book maintained by register of deeds--Contents of lien entry--Endorsement and recording of notice--Exemption from fees.
- § 61-5-62. Distress warrant for collection of contributions--Sale of property and disposition of proceeds--Sheriff's compensation.
- § 61-5-63. Return of uncollectible distress warrant.
- § 61-5-64. Liability of county officer for failure to issue or execute distress warrant.
- § 61-5-65. Satisfaction of lien recorded on payment of contributions.
- § 61-5-66. Civil action for collection of contributions--Preference on court calendar.
- § 61-5-67. Action in South Dakota for contributions to other states--Reciprocity.
- § 61-5-68. Priority of contribution claims in state insolvency proceedings.
- § 61-5-69. Priority of contribution claims in bankruptcy proceedings.
- § 61-5-70. Cancellation of uncollectible unemployment insurance contributions.
- § 61-5A-1. Reimbursement by state of benefits paid--Share of extended benefits.
- § 61-5A-2. Periodic billing of benefit costs to state--Amount.
- § 61-5A-3. Repealed by SL 1974, ch 327, § 3.
- § 61-5A-5.1. Election of political subdivision to make payments in lieu of contributions--Notice of election.
- § 61-5A-5.2. Election of political subdivisions becoming subject to title.
- § 61-5A-6. Election by nonprofit organization to make payments in lieu of contributions--Minimum period of election.
- § 61-5A-7. Election by newly covered nonprofit organization--Time and minimum period of election.
- § 61-5A-8. Continuation of nonprofit organization's or political subdivision's election until terminated.
- § 61-5A-9. Change by nonprofit organization or political subdivision from contribution to reimbursement of benefits--Minimum period of election.
- § 61-5A-9.1. Nonprofit organization not liable for reimbursed benefits paid to individuals with previously uncovered service.
- § 61-5A-10. Extension of time for election or termination--Retroactive election.
- § 61-5A-11. Notice of department's determinations as to status of nonprofit organization or political subdivision--Reconsideration, appeal, and review.
- § 61-5A-12. Surety bond required of organization paying in lieu of contributions.
- § 61-5A-13. Amount of surety bond.
- § 61-5A-14. Duration of surety bond--Renewal.
- § 61-5A-15. Adjustments in surety bond.
- § 61-5A-16. Liability of surety on bond on failure of organization to pay.
- § 61-5A-17. Termination of election to make payments in lieu of contributions on failure to file bond--Extension of time for filing or adjustment.
- § 61-5A-18. Amount of payments required in lieu of contributions.
- § 61-5A-19. Apportionment of benefits chargeable between employers making contributions and employers making payments in lieu of contributions.
- § 61-5A-20. Apportionment of benefits chargeable between employers making payments in lieu of contributions.
- § 61-5A-21. Group account for employers making payments in lieu of contributions--Duration and termination.
- § 61-5A-22. Apportionment among group members of payments in lieu of contributions.
- § 61-5A-23. Rules governing group accounts.
- § 61-5A-24. Balance in previous experience-rating account used for benefits chargeable to employer making payments in lieu of contributions.
- § 61-5A-25. Method of making payments in lieu of contributions.
- § 61-5A-26. Periodic billing of organization, subdivision, or group making payments in lieu of contributions.
- § 61-5A-27. Request for permission to make payment in lieu of contributions on basis of percentage of payroll.
- § 61-5A-28. Periodic billing for payments in lieu of contributions based on payroll--Percentages applied.
- § 61-5A-29. Annual adjustment of payroll percentages to minimize excess or insufficient payments.
- § 61-5A-30. Redetermination of amount of payments billed to organization.
- § 61-5A-31. Time of payment of bill for payments in lieu of contributions.
- § 61-5A-32. Annual adjustment of payments in lieu of contributions--Payment of deficiency--Refund or retention of excess.
- § 61-5A-33. Interest and penalties on past due payments in lieu of contributions.
- § 61-5A-34. Payments in lieu of contributions not to be deducted from wages.
- § 61-6-1. Requirements for eligibility for benefits during week.
- § 61-6-1.2. Transferred to §§ 61-6-24, 61-6-25 by SL 2012, ch 252, § 59.
- § 61-6-2. Computation of weekly benefit amount.
- § 61-6-4. Minimum base period and highest quarter wages required for benefits.
- § 61-6-5. Benefits payable for each week of unemployment--Reduction for wages earned or received during week.
- § 61-6-6. Eligibility requirements for waiting period.
- § 61-6-7. Wages for insured work.
- § 61-6-8. Maximum benefit amount based on base period wages--Trade readjustment payments.
- § 61-6-9. Voluntary separation without good cause--Additional claims during benefit year--Trade readjustment payments.
- § 61-6-9.1. Good cause for voluntarily leaving employment restricted to certain situations.
- § 61-6-13. Benefits denied to persons employed while incarcerated--Reemployment.
- § 61-6-14. Separation for misconduct--Additional claims during benefit year.
- § 61-6-14.1. Misconduct defined.
- § 61-6-15. Benefits not payable for unemployment due to labor dispute--Exceptions.
- § 61-6-15.3. Transferred to §§ 61-6-22, 61-6-23 by SL 2012, ch 252, § 59.
- § 61-6-16. Failure to seek or accept suitable employment.
- § 61-6-17. Factors considered in determining suitability of offered employment.
- § 61-6-18. Repealed by SL 1979, ch 348, §§ 7, 8.
- § 61-6-19. Work deemed unsuitable due to labor dispute, unfavorable working conditions, or requirement as to union membership.
- § 61-6-20. Student may not receive benefits.
- § 61-6-21. Benefits payable to individual in approved training program--Rules establishing conditions for approval of training.
- § 61-6-23. Benefits for individuals seeking only part-time work.
- § 61-6-23.3. Transferred to §§ 61-6-43, 61-6-44 by SL 2012, ch 252, § 59.
- § 61-6-24. Benefits based on employment by state or instrumentalities or by religious, charitable, or educational organization--Exception.
- § 61-6-25. Benefits not paid employees of educational institutions for services between successive academic years--Grounds for retroactive payments.
- § 61-6-26. Benefits not paid for established vacation period or holiday recess preceded and followed by insured work.
- § 61-6-28. Application of provisions as to periods between academic years, sabbatical leaves, and vacation and holiday periods to certain employment.
- § 61-6-29. Employee working for an employer under contract with a public or private school.
- § 61-6-30. Benefits not paid for participation in sports or athletic events between successive seasons.
- § 61-6-31. Repealed by SL 1982, ch 369, §§ 1, 2.
- § 61-6-33. Federal school employees not disqualified.
- § 61-6-34. Benefits not paid to aliens--Exceptions--Determination of alien status.
- § 61-6-35. Benefits not payable for week in which other compensation received.
- § 61-6-36. Benefits prohibited in more than one benefit year as the result of one separation from work.
- § 61-6-37. Benefits not payable when benefits sought under other unemployment compensation law--Determination of ineligibility under other law.
- § 61-6-38. Misrepresentation to increase benefits unlawful.
- § 61-6-38.1. Transferred to §§ 61-6-57 to 61-6-59 by SL 2012, ch 252, § 59.
- § 61-6-39. Denial of benefits from discovery of misrepresentation--Penalties.
- § 61-6-40. Obtaining or attempting to obtain benefits by misrepresentation as misdemeanor or felony--Aggregation of benefits obtained to determine degree of offense.
- § 61-6-41. Deduction or repayment of overpayments.
- § 61-6-42. Waiver of right to recover overpayment.
- § 61-6-43. Collection or deduction of overpayments by another state.
- § 61-6-44. Interest on benefit not repaid--Interest paid into employment security contingency fund.
- § 61-6-45. Cancellation of uncollectible overpayments.
- § 61-6-46. Benefits restricted to amount in the unemployment compensation fund.
- § 61-6-47. Waiver of rights and benefits prohibited--Violation as misdemeanor.
- § 61-6-48. Assignment of benefits void--Exemption from process--Waiver of exemption void--Information furnished to Department of Social Services--Disclosure of obligations by applicant--Deductions--Reimbursement of costs.
- § 61-6-49. Extended benefits--Definition of terms.
- § 61-6-50. Computation of unemployment rate to follow federal regulations.
- § 61-6-51. Determination of state "on" indicator.
- § 61-6-52. Determination of state "off" indicator.
- § 61-6-53. Minimum period between extended benefit periods.
- § 61-6-54. Public announcement of commencement or termination of extended benefit period.
- § 61-6-55. Extended benefits limited to exhaustees--Eligibility for regular benefits.
- § 61-6-56. Exhaustee defined.
- § 61-6-57. Qualification for extended benefits despite receipt of more payments after appeal--Seasonal workers--Disqualified applicants for regular benefits.
- § 61-6-58. Qualification for extended benefits on termination of regular benefit year.
- § 61-6-59. Applicable benefit year defined.
- § 61-6-60. Amount of weekly extended benefit--Reduction.
- § 61-6-61. Maximum extended benefits payable in year--Reduction of total extended benefit amount.
- § 61-6-62. Extended benefits not chargeable to employer.
- § 61-6-63. Claims for and payment of extended benefits.
- § 61-6-64. Administration of extended benefits to conform to federal requirements.
- § 61-6-65. Interstate claims--Eligibility for extended benefits.
- § 61-6-66. Disqualification for extended benefits on failure to seek or accept suitable work--Exception.
- § 61-6-67. Voluntary withholding of federal income tax from benefit payments.
- § 61-6-68. Eligibility verification--Information sharing.
- § 61-6A-1. Employer, tribal unit defined.
- § 61-6A-2. Employment defined.
- § 61-6A-3. Service-based benefits--Exceptions.
- § 61-6A-4. Tribal contributions--Exception.
- § 61-6A-5. Payments in lieu of contributions.
- § 61-6A-6. Billing for payments.
- § 61-6A-7. Liability for payments--Bond or deposit required.
- § 61-6A-8. Failure to make payment--Loss of option.
- § 61-6A-9. Reinstatement of option.
- § 61-6A-10. Exception from definition of employer.
- § 61-6A-11. Reinstatement as employer.
- § 61-6A-12. Notice of payment or report of delinquency--Contents.
- § 61-6A-13. Extended benefits to be financed by tribe.
- § 61-6A-14. Failure to make payments--Notification of Internal Revenue Service and Department of Labor.