Codified Law 61-2 | South Dakota Legislature

The Department of Employment Security is abolished, and all its functions shall be administered by the Department of Labor and Regulation as provided by § 1-37-3.

Source: SL 1973, ch 2 (Ex. Ord. 73-1), §§ 3(c), 90; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

61-2-2 to 61-2-4. Superseded.

61-2-5. Repealed by SL 1973, ch 305, § 2.

61-2-6. Repealed by SL 1969, ch 218, § 2.

61-2-7. Repealed by SL 1988, ch 412.

61-2-7.1. Reemployment assistance advisory council--Composition and appointment--Functions--Meetings--Reports.

The Governor shall appoint from a list submitted by the department a state reemployment assistance advisory council, composed of men and women, including an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations, and of any members representing the general public as the department may designate. The council shall aid the department in reviewing the reemployment assistance program as to the program's content, adequacy and effectiveness and to make recommendations for its improvement. The advisory council shall meet as frequently as the department determines is necessary, but not less than twice each year. The advisory council shall make reports of its meetings which shall include a record of its discussions and its recommendations. The department shall make the reports available to any interested persons or groups.

Source: SL 1971, ch 276, § 20; SL 2019, ch 216, § 7.

61-2-7.2. Direction and supervision by Department of Labor and Regulation--Independent functions retained by councils.

The reemployment assistance advisory council shall be administered under the direction and supervision of the Department of Labor and Regulation and the secretary thereof, but shall retain the respective quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested in the council and shall exercise those functions independently of the secretary of labor and regulation.

Source: SL 1973, ch 2, §§ 91, 92; SL 1989, ch 30, § 85; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2019, ch 216, § 8.

61-2-8. Meetings and functions of advisory council.

The reemployment assistance advisory council appointed pursuant to § 61-2-7.1 shall meet on call of the department and shall aid the department in formulating policies and discussing problems relating to the administration of this title and in assuring impartiality and freedom from political influence in the solution of such problems.

Source: SL 1936 (SS), ch 3, § 11; SDC 1939, § 17.0806; SL 1943, ch 77, § 2; SL 1945, ch 78, § 2; SL 1971, ch 276, § 21; SL 1989, ch 30, § 86; SL 2019, ch 216, § 9.

61-2-9. Repealed by SL 1971, ch 23, § 2.

61-2-10

61-2-10 to 61-2-11. Repealed by SL 2008, ch 277, §§ 41 to 43.

61-2-12. Superseded.

61-2-13. Political activity of employees--Prohibited and permitted activity.

The department may not appoint or employ any person who holds or is a candidate for any elective office in a partisan election. However, nothing in this section prevents an employee from being a candidate for or holding a nonpartisan office or being a candidate for or holding a political party office.

Source: SL 1936 (SS), ch 3, § 11; SDC 1939, § 17.0805; SL 1957, ch 87; SL 1961, ch 104; SL 1993, ch 377, § 3.

61-2-14. Superseded.

61-2-15. Repealed.

Source: SDC 1939, § 17.0805 as added by SL 1961, ch 104; SL 1968, ch 90; SL 1980, ch 33, § 3; SL 1981, ch 24, § 3; SL 1989, ch 447, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2013, ch 258, § 8; SL 2019, ch 22, §§ 1 and 45; SL 2020, ch 13, § 32.

61-2-15.1. Repealed.

Source: SL 1987, ch 386, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2020, ch 13, § 32.

61-2-15.2. Repealed.

Source: SL 1987, ch 386, §§ 2, 3; SL 1993, ch 375, § 20; SL 2020, ch 13, § 32.

61-2-15.3. Repealed.

Source: SL 1989, ch 447, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2020, ch 13, § 32.

61-2-15.4. Repealed.

Source: SL 1989, ch 447, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2020, ch 13, § 32.

61-2-15.5. Repealed.

Source: SL 1989, ch 447, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2020, ch 13, § 32.

61-2-15.6. Repealed.

Source: SL 1989, ch 447, § 5; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2020, ch 13, § 32.

61-2-16. Administration of title by secretary--General powers.

The secretary of labor and regulation shall administer this title. The secretary shall employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as may be necessary or suitable to that end. The secretary shall determine the department's organization and methods of procedure in accordance with the provisions of this title.

Source: SL 1936 (SS), ch 3, § 11; SDC 1939, § 17.0807; SL 1951, ch 94, § 4; SL 1978, ch 359, § 19; SL 1993, ch 375, § 21; SL 2008, ch 277, § 44; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

61-2-17

61-2-17. Repealed by SL 2008, ch 277, § 45.

61-2-18. Recommendations to Governor and Legislature.

If the secretary of labor and regulation believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, the secretary shall promptly so inform the Governor and the Legislature, and make recommendations with respect thereto.

Source: SL 1936 (SS), ch 3, § 11; SDC 1939, § 17.0807; SL 1951, ch 94, § 4; SL 2008, ch 277, § 46; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

61-2-19. Representation of state to congressional delegation--Cooperation with agencies of other states.

If, in the judgment of the secretary of labor and regulation, the interests of the Department of Labor and Regulation established by this title are involved in any proposed or pending change in federal law or administrative policy pertaining to the program, the secretary may represent these interests to the delegation of this state in the federal Congress. The secretary may co-operate with the other state labor agencies through any association of such state agencies which has been or may hereafter be organized, when the interests of the states generally in their reemployment assistance or unemployment compensation program are similarly involved.

Source: SDC 1939, § 17.0807 as added by SL 1955, ch 61; SL 2008, ch 277, § 47; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2019, ch 216, § 10.

61-2-20. Repealed by SL 1982, ch 16, § 44.