84
th Legislative Session _ 2009
1176sa
On page 2, line 12, of the printed bill, remove the overstrikes from "
or
".
On page 3, line 3, delete "
; or
" and insert ".".
On page 3, delete lines 4 and 5.
1176ra
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That subdivision (2) of
§
61-1-1
be amended to read as follows:
(2)
"Base period," the first four out of the last five completed calendar quarters
or the last four
completed calendar quarters
immediately preceding
an
the first day of the
individual's
benefit year. For an individual who fails to meet the qualifications of § 61-6-7 due to the
receipt of temporary total disability payments under worker's compensation, the base
period is the first four of the last five completed quarters preceding the disability if a
claim for unemployment benefits is filed within twenty-four months of the date on which
the individual's disability was incurred. However, no calendar quarter used in one base
period of a valid claim may be used in a subsequent base period;
Section 2. That chapter
61-1
be amended by adding thereto a NEW SECTION to read as follows:
For the purposes of establishing a benefit year, the department shall initially use the first four of
the last five completed calendar quarters as the base period. If a benefit year is not established using
the first four of the last five calendar quarters as the base period, the department shall use the last
four completed calendar quarters as the base period. Computations using the last four completed
calendar quarters shall be based on available wage items processed as of the close of business on the
day preceding the date of application. The department shall promptly contact employers to request
assistance in obtaining wage information for the last completed calendar quarter if it has not been
reported at the time of initial application.
Section 3. That
§
61-6-13.1
be amended to read as follows:
61-6-13.1.
"Good cause" for voluntarily leaving employment is restricted to leaving employment
because:
(1)
Continued employment presents a hazard to the employee's health. However, this
subdivision applies only if:
(a)
Prior to the separation from the employment the employee is examined by a
licensed practitioner of the healing arts, as defined in chapter 36-4 or 36-5, and
advised that continued employment presents a hazard to his health; and
(b)
The health hazard is supported by a certificate signed by the licensed practitioner
of the healing arts.
The secretary of labor may request an additional certificate signed by another licensed
practitioner of the healing arts, as defined in chapter 36-4 or 36-5;
(2)
The employer required the employee to relocate the employee's residence to hold the
employee's job;
(3)
The employer's conduct demonstrates a substantial disregard of the standards of behavior
that the employee has a right to expect of an employer or the employer has breached or
substantially altered the contract for employment;
(4)
An individual accepted employment while on lay off and subsequently quit the
employment to return to work for the individual's regular employer; or
(5)
The employee's religious belief mandates it. This provision does not apply, however, if
the employer has offered to the employee reasonable accommodations taking into
consideration the employee's religious beliefs if this offer is made before the employee
leaves the employment;
or
(6)
Leaving is necessary to protect the individual from domestic abuse. However, this
subdivision applies only if:
(a)
The employee reports the abusive situation to law enforcement within forty-eight
hours of any occurrence and cooperates fully with law enforcement in any
subsequent investigation and criminal charge relating to the abusive situation.
Upon request by the department, the law enforcement agency shall complete and
return to the department a certification form indicating whether the employee has
complied with the requirements of this subdivision;
(b)
The employee has left the abusive situation and remains separate from the
situation; and
(c)
The employee made reasonable efforts to preserve the employment before quitting
;
or
(7) The leaving was caused by the illness or disability of the employee or an immediate
family member and the employee took all reasonable precautions to protect the
employee's employment status by promptly notifying the employer of the reasons for the
absence and by promptly requesting reemployment when again able to resume
employment
.
Any person found to have good cause for leaving employment due to domestic abuse as set forth
in subdivision (6) and who returns to the abusive situation is ineligible for benefits.
"
Moved by: Engels
Second by: Lucas
Action: Failed by voice vote.
MOTION:
DO PASS HB 1176 AS AMENDED
Moved by: Rave
Second by: Noem
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Boomgarden, Engels, Feinstein, Gosch, Hunhoff (Bernie), Lucas, Lust, Noem,
Rausch, Rave, Steele, Turbiville, Faehn
MOTION:
AMEND TITLE OF HB 1176
1176sta
On page 1, line 1, of the printed bill, delete "authorize" and insert "clarify".
On page 1, line 1, delete everything after "benefits" and insert ".".
On page 1, delete line 2.
Moved by: Noem
Second by: Rave
Action: Prevailed by voice vote.
HB 1289: provide for legislative redistricting based on single- member house
districts.
Presented by: Representative Peggy Gibson
Opponents: Representative Kent Juhnke
MOTION: DEFER HB 1289 TO THE 41ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Noem
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Feinstein, Gosch, Noem, Rausch, Rave, Steele, Turbiville, Faehn
Voting No: Boomgarden, Engels, Hunhoff (Bernie), Lucas, Lust
HB 1290: increase the state's percentage of the net machine income from video
lottery and to declare an emergency.
Presented by: Representative Peggy Gibson (Handout: 4)
Proponents: Representative Bernie Hunhoff
Mark Weber, Self, Sioux Falls (Handout: 5)
Opponents: Norman Lingle, SD Lottery
Bob Riter Jr., Music & Vending Association of SD
Larry Mann, M. G. Oil Company
Carey Story, Self, Chamberlain
MOTION:
DEFER HB 1290 TO THE 41ST LEGISLATIVE DAY
Moved by: Rausch
Second by: Turbiville
Action: Prevailed by roll call vote. (12-1-0-0)
Voting Yes: Boomgarden, Engels, Feinstein, Gosch, Lucas, Lust, Noem, Rausch, Rave, Steele,
Turbiville, Faehn
Voting No: Hunhoff (Bernie)
HB 1291: provide for legislative redistricting by a bipartisan, nonlegislative
commission.
Presented by: Representative Bill Thompson
Opponents: Representative Kent Juhnke
MOTION:
DO PASS HB 1291
Moved by: Lucas
Second by: Engels
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1291 TO THE 41ST LEGISLATIVE DAY
Moved by: Noem
Second by: Rave
Action: Prevailed by roll call vote. (9-4-0-0)
Voting Yes: Boomgarden, Gosch, Lust, Noem, Rausch, Rave, Steele, Turbiville, Faehn
Voting No: Engels, Feinstein, Hunhoff (Bernie), Lucas
MOTION:
ADJOURN
Moved by: Rausch
Second by: Rave
Action: Prevailed by voice vote.
Eileen Eller
____________________________
Committee SecretaryBob Faehn, Chair