separate establishments within this state are is deemed to be employed by a single employing unit for all the purposes of this title. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit is deemed to be employed by the employing unit for all the purposes of this title, whether the individual was hired or paid directly by the employing unit or by the agent or employee, if the employing unit had actual or constructive knowledge of the work.
     Section 3.  That § 61-1-4 be amended to read as follows:
     61-1-4.   As used in this title, the term, employer, means:

27 is performed after December 31, 1977 , subject to § 61-1-27.

employer " shall include , includes any employing unit which, having become an employer under subdivision 61-1-4(2), or under any of §§ 61-1-5 to 61-1-7, inclusive, has not, under §§ 61-5-51 to 61-5-53, inclusive, ceased to be an employer subject to this title.
     Section 7.  That § 61-1-9 be amended to read as follows:
     61-1-9.   As used in this title, unless the context otherwise plainly requires, " the term, employer " shall include , includes for the effective period of its election pursuant to §§ 61-5-3 to 61-5-5.1, inclusive, and § 61-5-11, any other employing unit which has elected to become fully subject to this title.
     Section 8.  That § 61-1-10 be amended to read as follows:
     61-1-10.   "Employment" The term, employment, means any service performed prior to January 1, 1972, which was employment as defined in this section prior to such date and, subject to the provisions of §§ 61-1-10.2 to 61-1-10.9, inclusive, service performed after December 31, 1971 , including service in interstate commerce, by:

political subdivision of this state or any instrumentality of any one or more of the foregoing which is wholly owned by this state and one or more other states or political subdivisions, or any service performed in the employ of any instrumentality of this state or any political subdivision thereof, and one or more other states or political subdivisions.

is a citizen of the United States, performed outside the United States except in Canada, after December 31, 1971, in the employ of an American employer (other than service which is deemed " employment " under § 61-1-12 or 61-1-13 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.
     Section 13.  That § 61-1-10.6 be amended to read as follows:
     61-1-10.6.   The term " , employment " shall include , includes the service of an individual who is a citizen of the United States, performed outside the United States except in Canada, after December 31, 1971, in the employ of an American employer other than service which is deemed " employment " under § 61-1-12 or 61-1-13 or the parallel provisions of another state's law, if the employer has no place of business in the United States, but:

a claim for benefits, based on such service, under the law of this state.
     Section 15.  That § 61-1-10.8 be amended to read as follows:
     61-1-10.8.   An " The term, American employer, " for the purposes of §§ 61-1-10.5 to 61-1- 10.7, inclusive, means a person who is:

is not in any state in which some part of the service is performed, but the individual's residence is in this state.
     Section 18.  That § 61-1-15 be amended to read as follows:
     61-1-15.   The term " , employment " shall further include , includes an individual's service, wherever performed within the United States, the Virgin Islands, or Canada, if:

such services does not exceed fifty dollars; or

completed a four years' course in a medical school chartered or approved pursuant to state law; or

of this subdivision (4) shall 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;

employment " shall , does not include service performed by an individual for a person as an insurance agent or as an insurance solicitor, if all such the services performed by such the individual for such the person is performed for remuneration solely by way of commission.
     Section 30.  That § 61-1-30 be amended to read as follows:
     61-1-30.   As used in this title, unless the context otherwise plainly requires, the term " , employment " shall , does not include service performed by an individual in the employ of his the individual's son, daughter , or spouse and service performed by a child under the age of twenty-one in the employ of his the individual's father or mother.
     Section 31.  That § 61-1-31 be amended to read as follows:
     61-1-31.   If the services performed during one-half or more of any period by an individual for the person employing him the individual constitute employment, all the services of such the individual for such the period shall be 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 him do the individual does not constitute employment, then none of the services of such the individual for such the period shall be 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 him the individual .

thereto shall exist subject to the power of the Legislature to amend or repeal this title at any time.
     Section 38.  That § 61-1-41 be amended to read as follows:
     61-1-41.   If the tax imposed by title nine of the federal Social Security Act , or any amendments thereto or any other federal tax against which contributions under this title may be credited, shall , for any cause, become inoperative, the provisions of this title by virtue of that fact shall , likewise, become inoperative and any . Any unobligated fund in the state unemployment compensation fund or returned by the United States Treasurer, because such the federal Social Security Act is inoperative, shall be refunded to the contributors pro rata to their unexpended contributions.
     Section 39.  That § 61-1-42 be repealed.
     61-1-42.   If any provision of this title or the application thereof to any person or circumstances is held invalid, the remainder of this title and the application of such provision to other persons or circumstances shall not be affected thereby.
     Section 40.  That § 61-1-43 be repealed.
     61-1-43.   This title shall be known and may be cited as the "Employment Security Law."
     Section 41.  That § 61-2-10 be repealed.
     61-2-10.   The Department of Labor shall establish two co-ordinate divisions: the South Dakota state employment service division created pursuant to § 60-6-1 and the unemployment compensation division. Each division shall be responsible for the discharge of its distinctive function. Each division shall be a separate administrative unit with respect to personnel, budget, and duties, except in so far as the department may find that such separation is impracticable.
     Section 42.  That § 61-2-10.1 be repealed.
     61-2-10.1.   The state employment service division and the unemployment compensation

division shall continue within the Department of Labor, and their functions shall be allocated between the divisions and the department as they were formerly allocated between the divisions and the employment security department.
     Section 43.  That § 61-2-11 be repealed.
     61-2-11.   Subject to other provisions of this title, the Department of Labor is authorized to appoint, fix the compensation, and prescribe the duties, and powers of such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of its duties.
     Section 44.  That § 61-2-16 be amended to read as follows:
     61-2-16.   The secretary of labor shall administer this title ; and he . The secretary shall employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he deems may be necessary or suitable to that end. The secretary shall determine his own the department's organization and methods of procedure in accordance with the provisions of this title.
     Section 45.  That § 61-2-17 be repealed.
     61-2-17.   The secretary of labor may delegate to any person appointed pursuant to § 61-2-11 such power and authority as he deems reasonable and proper for the effective administration of this title, and may in his discretion bond any person handling moneys or signing checks hereunder.
     Section 46.  That § 61-2-18 be amended to read as follows:
     61-2-18.   Whenever If the secretary of labor believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he the secretary shall promptly so inform the Governor and the Legislature, and make recommendations with respect thereto.
     Section 47.  That § 61-2-19 be amended to read as follows:

matter, whether oral or written, from the employer, his the employer's agents, representatives or employees, to each other or to the secretary of labor, his 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 not be made subject matter or basis for any action, whether civil or criminal, for slander or libel.
     Section 51.  That § 61-3-6 be amended to read as follows:
     61-3-6.   The department is hereby required to shall maintain all records any record relating to benefit claims for a period of two years and records 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 records a record destroyed , and . The secretary may order other records destroyed after a period of one year.
     Section 52.  That § 61-3-7 be amended to read as follows:
     61-3-7.   In the discharge of the duties imposed by this title, the secretary of labor , the chairman of an appeal tribunal and any duly authorized representative of the secretary shall have power to 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.
     Section 53.  That § 61-3-8 be amended to read as follows:
     61-3-8.   No person shall may be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Department of Labor 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 him the person may tend to incriminate him

the person or subject him the person to a penalty or forfeiture ; but no individual shall . 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 he the person is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual the person so testifying shall not be is not exempt from prosecution and punishment for perjury committed in so testifying.
     Section 54.  That § 61-3-9 be amended to read as follows:
     61-3-9.   Any person who shall without just cause fail or refuse 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 his 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.
     Section 55.  That § 61-3-10 be amended to read as follows:
     61-3-10.   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 said the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the secretary of labor or his the secretary's duly authorized representative, shall have jurisdiction to may issue to such the person an order requiring such the person to appear before the secretary or his 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 said the court as a contempt thereof.
     Section 56.  That § 61-3-16 be amended to read as follows:
     61-3-16.   All Any criminal actions action for violation of any provision of this title or of any

rules rule promulgated pursuant to this title shall be prosecuted by the attorney general of the state; or, at his the attorney general's request and under his 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.
     Section 57.  That § 61-3-19 be amended to read as follows:
     61-3-19.   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 his the individual's wages and employment covered under the unemployment compensation laws of other states which are approved by the United States secretary of labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such 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 unemployment compensation laws, and avoiding the duplicate use of wages and employment by reason of such combining.
     Section 58.  That § 61-3-20 be amended to read as follows:
     61-3-20.   The Department of Labor is hereby authorized to 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.
     Section 59.  That § 61-3-21 be amended to read as follows:
     61-3-21.   In the administration of this title, the South Dakota Department of Labor shall co-operate to the fullest extent consistent with the provisions of this title, with the secretary of labor of the United States; shall make such reports, in such the form and containing such the

information as the secretary of labor may from time to time require , and . The department shall comply with such provisions as the secretary of labor may from time to time find necessary to assure the correctness and verification of such reports ; and . The department shall comply with the regulations prescribed by the secretary of labor 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.
     Section 60.  That § 61-3-24 be amended to read as follows:
     61-3-24.   There is hereby 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 shall be are continuously available to the Department of Labor for expenditure in accordance with the provisions of this title, and shall 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.
     Section 61.  That § 61-3-25 be amended to read as follows:

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 shall promptly report to the Governor, and the Governor to the Legislature, the amount required for such replacement. This section shall not be construed to 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.
     Section 64.  That § 61-3-28 be amended to read as follows:
     61-3-28.   There is hereby 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 after July 1, 1968, 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 after such date shall be deposited in the clearing account of the unemployment compensation fund for clearance only and shall 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. Said The moneys shall 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 said the moneys, be available to finance expenditures for the administration of this title, but nothing in §§ 61-3-28 to 61-3-31, inclusive, shall prevent said 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 he 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 the employment security law 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.
     Section 65.  That § 61-3-29 be amended to read as follows:
     61-3-29.   Refunds of interest, penalties and fines erroneously collected pursuant to this title may be made from this fund, the unemployment compensation 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 ; provided that . No interest and penalty payments collected after July 1, 1968 shall not may be refunded from the unemployment compensation fund.
     Section 66.  That § 61-3-30 be amended to read as follows:
     61-3-30.   The moneys in this fund shall be 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 and shall not . 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.
     Section 67.  That § 61-3-31 be amended to read as follows:
     61-3-31.   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 such the excess to the unemployment compensation fund.
     Section 68.  That § 61-4-3 be amended to read as follows:
     61-4-3.   The secretary of labor is hereby designated custodian of the fund and shall administer such the fund and shall issue warrants or checks upon it. The secretary shall be is liable on his the secretary's official bond for the faithful performance of his the secretary's duties as custodian of the unemployment compensation fund.
     Section 69.  That § 61-4-7 be amended to read as follows:
     61-4-7.   Upon receipt thereof, the secretary shall deposit such the moneys requisitioned for the payment of benefits in the benefit account and shall issue his warrants or checks for the payment of benefits solely from such the benefit account. The secretary shall deposit the moneys requisitioned for the payment of refunds in the clearing account , and shall issue his checks for the payment of refunds solely from the clearing account.

34, inclusive, as heretofore provided are continued in effect, and the persons liable for such contributions prior to July 1, 1961 shall continue liable and subject to the collection provisions thereof until such contributions are paid.
     Section 76.  That § 61-5-17 be amended to read as follows:
     61-5-17.   The secretary of labor 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 his the employer's actual experience in the payment of contributions and with respect to benefits charged against his the employer's individual experience-rating account, in accordance with the requirements of §§ 61-5-18 to 61-5-23, inclusive.
     Section 77.  That § 61-5-18 be amended to read as follows:
     61-5-18.   If at the beginning of any calendar year an employer has met the requirements of § 61-5-20.2, then his the employer's contribution rate shall be the rate appearing in Column "A" on the same line on which his the employer's reserve ratio appears in Column "B" of the rate schedule applicable to such year.
     Section 78.  That § 61-5-18.11 be repealed.
     61-5-18.11.   The employer's reserve ratio for calendar year 1988 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.

paid on and after January 1, 1991.
     Section 81.  That § 61-5-19.1 be repealed.
     61-5-19.1.   The experience rating account of any experience rated contributing employer will not be charged with respect to benefits paid to any individual whose base period wages includes wages for services uncovered by the unemployment compensation law of this state prior to January 1, 1978 to the extent that the state unemployment compensation fund is reimbursed for such benefits pursuant to section 121 of Public Law 94-566 as passed October 20, 1976.
     Section 82.  That § 61-5-20.3 be amended to read as follows:
     61-5-20.3.   Notwithstanding any other provision of this chapter, an employer who transfers all or a segregable part of his the employer's operations from another state to this state for the purposes of this chapter shall be deemed to be a qualified employer within the meaning of § 61- 5-18, as of the computation date applicable to the calendar year within which the transfer occurs, if:

contribution rate computed under §§ 61-5-18.5 to 61-5-18.7, inclusive, within which to withdraw his the employer's request for application of the provisions of § 61-5-20.3.
     Section 84.  That § 61-5-20.6 be amended to read as follows:
     61-5-20.6.   Wages, contributions , and benefits resulting in rating account charges in connection with the transferred operations, shall be deemed to have been paid in this state for the purpose of computing rates under §§ 61-5-18.1 to 61-5-18.4, inclusive. The employer's rating account balance applicable to the transferred operations prior to the transfer date shall be the balance used in determining the first year's rate. The balance for the second and third years will shall be the amount transferred from the other state less benefits after the date of transfer and the contributions paid less benefits charged in this state during the period.
     Section 85.  That § 61-5-20.7 be amended to read as follows:
     61-5-20.7.   The contribution rate to be assigned to the employer in South Dakota will shall be the rate obtained by the computation provided in §§ 61-5-18.5 to 61-5-18.7, inclusive, but in no event will may the rate assigned be lower than one and one-half percent.
     Section 86.  That § 61-5-23.2 be repealed.
     61-5-23.2.   In addition to the employer's contribution rate as determined by §§ 61-5-20.2 and 61-5-23, all employers' rates, between April 1, 1981, and March 31, 1982, are increased by four-tenths of one percent.
     Section 87.  That § 61-5-24 be amended to read as follows:
     61-5-24.   Any employer may at any time make voluntary contributions to the fund, additional to the contributions required under this chapter, to be credited to his the employer's account.
     Section 88.  That § 61-5-26 be amended to read as follows:
     61-5-26.   Contributions shall not No contributions may be deducted in whole or in part by any employer from the wages of individuals in his employ any employee .

has the option of resuming its experience rating account balance if the entity again becomes an employer subject to this title within the immediately following second consecutive five-year period.
     Section 93.  That § 61-5-32 be amended to read as follows:
     61-5-32.   If the department finds that an employer's business is closed solely because of the entrance of one or more of the owners, officers, partners, or the majority stockholder into the armed forces of the United States, any of its allies, or of the United Nations after July 1, 1950, such , the employer's account shall may not be terminated ; and, if . If the business is resumed within two years after the discharge or release from active duty in the armed forces of such the person or persons , the employer's experience shall be deemed to have been continuous throughout such the period. The experience ratio used for determining the rate of any employer shall be the total contribution paid by such the employer minus all benefits, including benefits paid to any individual during the period such the employer was in the armed forces, based upon wages paid by him the employer prior to his the employer's entrance into such forces, divided by the total payrolls for the three most recent calendar years during the whole of which, respectively, such the employer has been in business.
     Section 94.  That § 61-5-34 be amended to read as follows:
     61-5-34.   The department shall maintain a pooled fund, all moneys in which shall be mingled and undivided, to which shall be credited:

payable upon imposition of such the penalty by the department, for failure to pay contributions, or for failure to submit required reports on or before the due date for such contributions or reports as fixed by the department ; provided, however, that the . However, no penalty for any one delinquent contribution or report shall not may exceed the sum of thirty dollars. Penalty Any penalty collected pursuant to this section shall be paid into the employment security contingency fund.
     Section 98.  That § 61-5-40 be amended to read as follows:
     61-5-40.   Whenever If any employer liable to pay contributions and interest, or either, refuses or neglects to pay the same, the amount, including any interest penalty or addition to such the contribution, together with the costs that may accrue in addition thereto, shall be a lien in favor of the employment security department Department of Labor upon all property and rights to property whether real or personal belonging to the said employer.

another employer under § 61-5-33.
     Section 107.  That § 61-5-53 be amended to read as follows:
     61-5-53.   The department shall terminate coverage for any employer as of January first of any year, if the employer ceases his business for any purpose and one calendar year has elapsed since he 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.
     Section 108.  That § 61-6-1.2 be amended to read as follows:
     61-6-1.2.   Benefits based on service in employment defined in §§ 61-1-10.2 and 61-1-10.3 shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter ; except, that . However, with respect to service performed after December 31, 1977, in an instructional, research, or principal administrative capacity for an educational institution, no benefits shall not may be paid based on such the services for any week of unemployment commencing during the period between two successive academic years, or during a similar period between two regular but not successive terms or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if such the individual performs such the services in the first of such the academic years or terms and if there is a contract or a reasonable assurance that such the individual will perform services in any such capacity for any educational institution in the second of such the academic years or terms.
     Section 109.  That § 61-6-1.3 be amended to read as follows:
     61-6-1.3.   With respect to services performed after December 31, 1977, in any other capacity for an educational institution, no benefits may not be paid to an individual on the basis of his the individual's services for any week that commences between two successive academic years

or terms if the individual performs the services in the first academic year or term and there is a reasonable assurance that the individual will perform the services in the second one. If an individual was denied compensation for any week, in accordance with this section, and is not offered an opportunity to perform services for the educational institution in the second academic year or term, that individual is entitled to a retroactive compensation payment for each week that the individual filed a timely claim and was denied compensation solely by reason of this section.
     Section 110.  That § 61-6-1.4 be amended to read as follows:
     61-6-1.4.   Benefits shall not No benefits may be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons or similar periods if such the individual performed such the services in the first of such the seasons or similar periods and there is a reasonable assurance that such the individual will perform such the services in the later of such the seasons or similar periods.
     Section 111.  That § 61-6-1.5 be amended to read as follows:
     61-6-1.5.   Benefits may not No benefits may be paid on the basis of services performed by an alien unless such the alien is an individual who was lawfully admitted for permanent residence at the time such the services were performed, was lawfully present for purposes of performing such the services, or was permanently residing in the United States under color of law at the time such the service was performed, including an alien who is lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the Immigration and Nationality Act as amended as of January 1, 1990. Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. In the case of an individual whose application for benefits would otherwise be

approved, no determination that benefits to such the individual are not payable because of his the individual's alien status may be made except upon a preponderance of the evidence.
     Section 112.  That § 61-6-1.6 be amended to read as follows:
     61-6-1.6.   No benefits authorized by § 61-6-1.2 or 61-6-1.3 may be paid to an individual for any week which commences during an established and customary vacation period or a holiday recess if he the individual performed insured work in the period immediately preceding such the period or recess and there is reasonable assurance that he the individual will perform insured work in the period immediately following such the period or recess.
     Section 113.  That § 61-6-1.10 be amended to read as follows:
     61-6-1.10.   An unemployed individual who was last employed, such the employment being at least thirty calendar days in duration, while incarcerated in a custodial or penal institution, and terminated from such the employment because of transfer or release from the institution, is denied benefits until he the individual has been reemployed at least six calendar weeks in insured employment during his the individual's current benefit year and has earned wages of not less than his the individual's weekly benefit amount in each of those six weeks.
     Section 114.  That § 61-6-2 be amended to read as follows:
     61-6-2.   An unemployed individual is eligible to receive benefits with respect to any week only if the department finds that:

or would be inconsistent with the purposes of this title ; provided that no . No such rule may conflict with this chapter;

individual's quarter of highest earnings in his the individual's base period equal or exceed seven hundred twenty-eight dollars.
     Section 118.  That § 61-6-8 be amended to read as follows:
     61-6-8.   Except in those instances when Unless the provisions of §§ 61-6-29 to 61-6-43, inclusive, apply, an individual's maximum benefit amount is an amount equal to one-third of his the individual's total base period wages in covered employment not to exceed twenty-six times his the individual's weekly benefit amount. If that amount is not a multiple of one dollar, it is lowered to the next lower multiple of one dollar.

sufficiently in advance of anticipated unemployment to make the limitations of this section ineffective is invalid. It is the purpose of this section to prevent any individual from receiving benefits in more than one benefit year as the result of one separation from work.
     Section 120.  That § 61-6-13 be amended to read as follows:
     61-6-13.   An unemployed individual who, voluntarily without good cause, left his the most recent employment of an employer or employing unit, after employment lasting at least thirty calendar days is denied benefits until he the individual has been reemployed at least six calendar weeks in insured employment during his the individual's current benefit year and has earned wages of not less than his the individual's weekly benefit amount in each of those six weeks.

individual's weekly benefit amount in each of those six weeks. When If additional claims are filed by a claimant during a benefit year subsequent to employment, the thirty calendar day requirement shall may not be applied in determining disqualifications.
     Section 122.  That § 61-6-14.1 be amended to read as follows:
     61-6-14.1.   As used in this chapter, misconduct is:

earned wages of not less than his the individual's weekly benefit amount in each of those six weeks. The department may promulgate rules pursuant to chapter 1-26 for determining suitable work.
     Section 124.  That § 61-6-15.1 be amended to read as follows:
     61-6-15.1.   Notwithstanding any other provisions in this chapter, no otherwise eligible individual may be denied benefits for any week because he the individual is in training with the approval of the department, nor may any such individual be denied benefits with respect to any week in which he the individual is in training with the approval of the department by reason of the application of provisions in § 61-6-2 relating to availability for work, or the provisions of § 61-6-15 relating to failure to apply for, or to accept, suitable work. The department shall promulgate rules pursuant to chapter 1-26 establishing the conditions for approval of training.
     Section 125.  That § 61-6-16 be amended to read as follows:
     61-6-16.   In determining whether or not any work is suitable for an individual, the department shall consider the degree of risk involved to his the individual's health, safety, and morals, his the individual's physical fitness and prior training, his the individual's experience and prior earnings, his the individual's length of unemployment and prospects for securing local work in his the individual's customary occupation, and the distance of the available work from his the individual's residence.
     Section 126.  That § 61-6-17 be amended to read as follows:
     61-6-17.   Notwithstanding any other provisions of this title , no work shall be is deemed suitable and no benefits shall not may be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

under an unemployment compensation law of another state or of the United States , provided that . However, if the appropriate agency of such other state or of the United States finally determines that he the individual is not entitled to such the unemployment benefits, this disqualification shall does not apply.
     Section 129.  That § 61-6-23 be amended to read as follows:
     61-6-23.   An individual who was paid any amount as benefits under this title to which he the individual is not entitled is liable for repayment of the amount overpaid, or for the amount received in the event of misrepresentation, unless recovery of the overpayment is waived as provided in § 61-6-23.1. The department may elect to recover the overpayment by requiring repayment by the individual or deducting the overpayment from any future benefits payable to the individual. The department may also recover the overpayment in the manner provided in §§ 61-5-40 to 61-5-47, inclusive, for the collection of delinquent contributions.
     Section 130.  That § 61-6-23.2 be amended to read as follows:
     61-6-23.2.   If benefit sums paid remain unpaid by the recipient or have not been deducted from benefits payable to him the recipient within ten years following the date the overpayment was established, the secretary of labor may declare such the sums uncollectible and cancel the overpayment. The secretary or his representative may cancel and waive recovery of such overpayment for which the claimant's liability was established under § 61-6-23 upon receipt of proper certification by a Department of Labor representative that:

become due or payable under this title is void except as provided in this section ; such . The rights to benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt ; and . Any benefits received by any individual, so long as they the benefits are not mingled with other funds of the recipient, are exempt from any remedy for the collection of all debts, except debts incurred for necessaries furnished to the individual, his the individual's spouse , or dependents during the time when the individual was unemployed. Any waiver not provided for in this section is void.

Services :

" additional benefits " ;

the individual has satisfied the requirements of this title for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.
     Section 140.  That § 61-6-38 be amended to read as follows:
     61-6-38.   "Exhaustee" The term, exhaustee, under the provisions of §§ 61-6-29 to 61-6-42, inclusive, means an individual who, with respect to any week of unemployment in his the individual's eligibility period:

were not included in the original monetary determination with respect to the benefit year, he the individual may subsequently be determined to be entitled to more regular benefits; or

wages or employment, or both, on the basis of which he the individual could establish in any state a new benefit year that would include such the week, or having established a new benefit year that includes such the week, he the individual is precluded from receiving regular benefits by reason of the provision in § 61-6-9, which meets the requirement of section 3304 (a)(7) of the Federal Unemployment Tax Act, or the similar provision in any other state law; and

individual's applicable benefit year shall be reduced by an amount equal to the aggregate of the reductions under § 61-6-39 in the weekly amounts paid to the individual.
     Section 146.  That § 61-6-41 be amended to read as follows:
     61-6-41.   Benefits No benefits payable under § 61-6-40 shall not be are chargeable to an employer's experience-rating account.
     Section 147.  That § 61-6-44 be amended to read as follows:
     61-6-44.   Extended No extended benefits shall not be are payable for any week of unemployment which begins on or after June 1, 1981, to any individual for any week pursuant to an interstate claim filed in any state under the interstate benefit plan if an extended benefit period is not in effect for such the state. However, this section does not apply with respect to the first two weeks for which extended benefits are payable pursuant to an interstate claim filed under the interstate payment plan.
     Section 148.  That § 61-6-45 be amended to read as follows:
     61-6-45.   An No individual may not receive extended benefits for any week of unemployment in his the individual's eligibility period if the secretary finds that during the period he the individual failed to accept an offer of suitable work, failed to apply for suitable work to which he the individual was referred by the secretary, or failed to actively engage in seeking work.

supplemental unemployment benefits and which pays not less than the higher of the federal minimum wage as provided by the Fair Labor Standards Act or the state minimum wage.

department to each employer without cost to the employer.
     Section 150.  That § 61-7-2 be amended to read as follows:
     61-7-2.   The benefit section of the department shall promptly examine the claim and, on the basis of the facts found , shall either determine whether or not such claim is valid, and if valid the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum benefits payable, or shall refer such the claim or any question involved therein to an appeal referee, or to the secretary who shall make his a determination with respect thereto in accordance with § 61-7-10.
     Section 151.  That § 61-7-3 be amended to read as follows:
     61-7-3.   The benefit section shall promptly notify the claimant and any other interested party, including former employers whose reserve accounts may be charged, of the decision and the reasons therefor, which notification shall contain a statement showing the claimant's name, his the claimant's social security account number, the date of registration, separation date, the reason for separation, names of all employers in the base period, week with respect to which benefits shall commence, the weekly benefit amount, the maximum benefits payable, and the maximum amount of benefits chargeable to each employer's account.
     Section 152.  That § 61-7-5 be amended to read as follows:
     61-7-5.   Unless the claimant, or any other interested party, within fifteen days after notice has been mailed to his the claimant's or the interested party's last known address, applies for reopening of the initial determination or files an appeal from the adjusted determination, such the determination shall be final insofar as an appeal by interested parties is concerned and benefits shall be paid or denied in accordance therewith. Benefits shall be paid promptly in accordance with a determination, redetermination, or appeal which allows benefits, and such the allowance of benefits shall continue regardless of the pendency of the period to apply for

reconsideration, file an appeal , or petition for judicial review and regardless of the pendency of such the adjudication process.
     Section 153.  That § 61-7-6 be amended to read as follows:
     61-7-6.   The department shall appoint one or more impartial appeals referees to hear and decide disputed claims. No referee shall may preside at a hearing in which he the referee has an interest in the outcome thereof.
     Section 154.  That § 61-7-7 be amended to read as follows:
     61-7-7.   The secretary may remove to himself or herself or transfer to another appeal referee the proceedings on any claim pending before an appeal referee.
     Section 155.  That § 61-7-12 be amended to read as follows:
     61-7-12.   The secretary of labor may on his the secretary's own motion affirm, modify, or set aside any decision of an appeal referee on the basis of the evidence previously submitted in such the case, or direct the taking of additional evidence, or may permit any of the parties to such the decision to initiate further appeals before him the secretary . The secretary may permit such further appeal by any of the parties interested in a decision of an appeal referee and by the benefit section whose decision has been overruled or modified by an appeal referee. The secretary shall promptly notify the interested parties of his the secretary's findings and decision. Any decision of the secretary is the final decision of the Department of Labor.
     Section 156.  That § 61-7-21 be amended to read as follows:
     61-7-21.   No individual claiming benefits shall may be charged fees of any kind in any proceeding under this title by the department or its representatives or by any court or any officer thereof . Violation of this section is a Class 2 misdemeanor.
     Section 157.  That § 61-7-24 be amended to read as follows:
     61-7-24.   Any No finding of fact, conclusion of law, decision or final order made by an

appeals referee or the secretary of labor in any action under this chapter may not be used as evidence in any separate or subsequent action or proceeding between an individual and his the individual's present or former employer brought before an arbitrator, court or judge of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts.