84
th Legislative Session _ 2009
1176jd
On the House State Affairs Committee engrossed bill, delete everything after the enacting
clause and insert:
"
Section 1. That
§
61-1-1
be amended to read as follows:
61-1-1.
Terms used in this title mean:
(1)
"Annual payroll," the total amount of taxable wages paid by an employer during a
calendar year for employment;
(2)
"Base period," the first four out of the last five completed calendar quarters immediately
preceding an 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.
For an individual
who fails to meet the minimum requirements of
§
61-6-7 due to insufficient wages, the
base period is the four completed calendar quarters immediately preceding the individual's
benefit year.
However, no calendar quarter used in one base period of a valid claim may
be used in a subsequent base period;
(3)
"Benefit year," the one-year period beginning with the day on which a claimant files a
valid new claim for benefits, or the one-year period beginning with the day on which a
claimant files a valid new claim after the termination of his last preceding benefit year;
(4)
"Benefits," the money payments payable to an unemployed individual, as provided in this
title;
(5)
"Calendar quarter," the period of three consecutive calendar months ending on March
thirty-first, June thirtieth, September thirtieth, or December thirty-first;
(6)
"Contributions," the money payments to the state unemployment compensation fund
required by this title;
(7)
"Department," the Department of Labor created by chapter 1-37;
(8)
"Educational service agency," a governmental agency or governmental entity which is
established and operated exclusively for the purpose of providing services to one or more
educational institutions;
(9)
"Employment office," a free public employment office, or branch thereof, operated by this
state or maintained as part of a state or federal controlled system of public employment
offices;
(10)
"Employment security administration fund," the employment security administration fund
established by this title;
(11)
"Extended benefits," the benefits that are provided in §§ 61-6-29 to 61-6-35, inclusive;
(12)
"Fund," the unemployment compensation fund established by this title;
(13)
"Hospital," an institution which has been licensed, certified or approved by the State
Department of Health as a hospital;
(14)
"Institution of higher education," an educational institution which:
(a)
Admits as regular students only individuals having a certificate of graduation from
a high school, or the recognized equivalent of such a certificate; and
(b)
Is legally authorized in this state to provide a program of education beyond high
school; and
(c)
Provides an educational program for which it awards a bachelor's or higher degree,
or provides a program which is acceptable for full credit toward such a degree,
provides an educational program of postgraduate or postdoctoral studies, or
provides an educational program of training to prepare students for gainful
employment in a recognized occupation; and
(d)
Is a public or other nonprofit institution.
Notwithstanding any of the foregoing provisions of this subdivision, all colleges and universities
in this state are "institutions of higher education";
(15)
"Insured work," employment for employers as defined in §§ 61-1-4 to 61-1-31, inclusive;
(16)
"State," a state of the United States of America and the District of Columbia, the
Commonwealth of Puerto Rico and the Virgin Islands;
(17)
"Wages," all remuneration paid for services, including commissions and bonuses. The
term does not include remuneration described by §§ 61-1-32 to 61-1-35, inclusive. The
term includes tips and other remuneration upon which a tax is imposed by the Federal
Unemployment Tax Act and the reasonable cash value of remuneration paid in any
medium other than cash determined in accordance with rules promulgated pursuant to
chapter 1-26 by the secretary of labor;
(18)
"Week," the period or periods of seven consecutive calendar days ending at midnight. The
secretary of labor may promulgate rules pursuant to chapter 1-26 to prescribe that a week
is in, within or during that benefit year which includes the greater part. For the purpose
of § 61-1-4, if a week includes both December thirty-first and January first, the days of
that week up to January first shall be considered one calendar week and the days
beginning January first another week;
(19)
"Weekly benefit amount," the amount of benefits an individual is entitled to receive for
one week of total unemployment. An individual's weekly benefit amount determined for
the first week of his benefit year shall constitute his weekly benefit amount throughout
the benefit year.
".
1176ja
On the House State Affairs Committee engrossed bill, delete everything after the enacting
clause and insert:
"
Section 1. That
§
61-1-1
be amended to read as follows:
61-1-1.
Terms used in this title mean:
(1)
"Annual payroll," the total amount of taxable wages paid by an employer during a
calendar year for employment;
(2)
"Base period," the first four out of the last five completed calendar quarters immediately
preceding an 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.
Effective July 1,
2010, for an individual who fails to meet the minimum requirements of
§
61-6-7 due to
insufficient wages, the base period is the four completed calendar quarters immediately
preceding the individual's benefit year.
However, no calendar quarter used in one base
period of a valid claim may be used in a subsequent base period;
(3)
"Benefit year," the one-year period beginning with the day on which a claimant files a
valid new claim for benefits, or the one-year period beginning with the day on which a
claimant files a valid new claim after the termination of his last preceding benefit year;
(4)
"Benefits," the money payments payable to an unemployed individual, as provided in this
title;
(5)
"Calendar quarter," the period of three consecutive calendar months ending on March
thirty-first, June thirtieth, September thirtieth, or December thirty-first;
(6)
"Contributions," the money payments to the state unemployment compensation fund
required by this title;
(7)
"Department," the Department of Labor created by chapter 1-37;
(8)
"Educational service agency," a governmental agency or governmental entity which is
established and operated exclusively for the purpose of providing services to one or more
educational institutions;
(9)
"Employment office," a free public employment office, or branch thereof, operated by this
state or maintained as part of a state or federal controlled system of public employment
offices;
(10)
"Employment security administration fund," the employment security administration fund
established by this title;
(11)
"Extended benefits," the benefits that are provided in §§ 61-6-29 to 61-6-35, inclusive;
(12)
"Fund," the unemployment compensation fund established by this title;
(13)
"Hospital," an institution which has been licensed, certified or approved by the State
Department of Health as a hospital;
(14)
"Institution of higher education," an educational institution which:
(a)
Admits as regular students only individuals having a certificate of graduation from
a high school, or the recognized equivalent of such a certificate; and
(b)
Is legally authorized in this state to provide a program of education beyond high
school; and
(c)
Provides an educational program for which it awards a bachelor's or higher degree,
or provides a program which is acceptable for full credit toward such a degree,
provides an educational program of postgraduate or postdoctoral studies, or
provides an educational program of training to prepare students for gainful
employment in a recognized occupation; and
(d)
Is a public or other nonprofit institution.
Notwithstanding any of the foregoing provisions of this subdivision, all colleges and universities
in this state are "institutions of higher education";
(15)
"Insured work," employment for employers as defined in §§ 61-1-4 to 61-1-31, inclusive;
(16)
"State," a state of the United States of America and the District of Columbia, the
Commonwealth of Puerto Rico and the Virgin Islands;
(17)
"Wages," all remuneration paid for services, including commissions and bonuses. The
term does not include remuneration described by §§ 61-1-32 to 61-1-35, inclusive. The
term includes tips and other remuneration upon which a tax is imposed by the Federal
Unemployment Tax Act and the reasonable cash value of remuneration paid in any
medium other than cash determined in accordance with rules promulgated pursuant to
chapter 1-26 by the secretary of labor;
(18)
"Week," the period or periods of seven consecutive calendar days ending at midnight. The
secretary of labor may promulgate rules pursuant to chapter 1-26 to prescribe that a week
is in, within or during that benefit year which includes the greater part. For the purpose
of § 61-1-4, if a week includes both December thirty-first and January first, the days of
that week up to January first shall be considered one calendar week and the days
beginning January first another week;
(19)
"Weekly benefit amount," the amount of benefits an individual is entitled to receive for
one week of total unemployment. An individual's weekly benefit amount determined for
the first week of his benefit year shall constitute his weekly benefit amount throughout
the benefit year.
".
1176jd
On the House State Affairs Committee engrossed bill, delete everything after the enacting
clause and insert:
"
Section 1. That
§
61-1-1
be amended to read as follows:
61-1-1.
Terms used in this title mean:
(1)
"Annual payroll," the total amount of taxable wages paid by an employer during a
calendar year for employment;
(2)
"Base period," the first four out of the last five completed calendar quarters immediately
preceding an 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.
For an individual
who fails to meet the minimum requirements of
§
61-6-7 due to insufficient wages, the
base period is the four completed calendar quarters immediately preceding the individual's
benefit year.
However, no calendar quarter used in one base period of a valid claim may
be used in a subsequent base period;
(3)
"Benefit year," the one-year period beginning with the day on which a claimant files a
valid new claim for benefits, or the one-year period beginning with the day on which a
claimant files a valid new claim after the termination of his last preceding benefit year;
(4)
"Benefits," the money payments payable to an unemployed individual, as provided in this
title;
(5)
"Calendar quarter," the period of three consecutive calendar months ending on March
thirty-first, June thirtieth, September thirtieth, or December thirty-first;
(6)
"Contributions," the money payments to the state unemployment compensation fund
required by this title;
(7)
"Department," the Department of Labor created by chapter 1-37;
(8)
"Educational service agency," a governmental agency or governmental entity which is
established and operated exclusively for the purpose of providing services to one or more
educational institutions;
(9)
"Employment office," a free public employment office, or branch thereof, operated by this
state or maintained as part of a state or federal controlled system of public employment
offices;
(10)
"Employment security administration fund," the employment security administration fund
established by this title;
(11)
"Extended benefits," the benefits that are provided in §§ 61-6-29 to 61-6-35, inclusive;
(12)
"Fund," the unemployment compensation fund established by this title;
(13)
"Hospital," an institution which has been licensed, certified or approved by the State
Department of Health as a hospital;
(14)
"Institution of higher education," an educational institution which:
(a)
Admits as regular students only individuals having a certificate of graduation from
a high school, or the recognized equivalent of such a certificate; and
(b)
Is legally authorized in this state to provide a program of education beyond high
school; and
(c)
Provides an educational program for which it awards a bachelor's or higher degree,
or provides a program which is acceptable for full credit toward such a degree,
provides an educational program of postgraduate or postdoctoral studies, or
provides an educational program of training to prepare students for gainful
employment in a recognized occupation; and
(d)
Is a public or other nonprofit institution.
Notwithstanding any of the foregoing provisions of this subdivision, all colleges and universities
in this state are "institutions of higher education";
(15)
"Insured work," employment for employers as defined in §§ 61-1-4 to 61-1-31, inclusive;
(16)
"State," a state of the United States of America and the District of Columbia, the
Commonwealth of Puerto Rico and the Virgin Islands;
(17)
"Wages," all remuneration paid for services, including commissions and bonuses. The
term does not include remuneration described by §§ 61-1-32 to 61-1-35, inclusive. The
term includes tips and other remuneration upon which a tax is imposed by the Federal
Unemployment Tax Act and the reasonable cash value of remuneration paid in any
medium other than cash determined in accordance with rules promulgated pursuant to
chapter 1-26 by the secretary of labor;
(18)
"Week," the period or periods of seven consecutive calendar days ending at midnight. The
secretary of labor may promulgate rules pursuant to chapter 1-26 to prescribe that a week
is in, within or during that benefit year which includes the greater part. For the purpose
of § 61-1-4, if a week includes both December thirty-first and January first, the days of
that week up to January first shall be considered one calendar week and the days
beginning January first another week;
(19)
"Weekly benefit amount," the amount of benefits an individual is entitled to receive for
one week of total unemployment. An individual's weekly benefit amount determined for
the first week of his benefit year shall constitute his weekly benefit amount throughout
the benefit year.
".
1176jta
On page 1, line 1, of the House State Affairs Committee engrossed bill, delete everything after
"Act to" and insert "revise the earnings requirement for the purpose of receiving unemployment
insurance benefits.".
Moved by: Nesselhuf
Second by: Merchant
Action: Prevailed by voice vote.
HB 1212: revise certain requirements of written contract documents for public
improvements.
Presented by: Senator Kathy Miles (Handout #3)
Proponents: Larry Zikmund, Associated General Contractors - Building Chapter
Brian Perlberg, Associated General Contractors of America
Deb Mortenson, Associated General Contractors of SD, Incorporated.
MOTION:
DO PASS HB 1212
Moved by: Adelstein
Second by: Merchant
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
MOTION:
PLACE HB 1212 ON CONSENT CALENDAR
Moved by: Turbak Berry
Second by: Nesselhuf
Action: Prevailed by voice vote.
HB 1264: provide for the utilization of conditional early release bonds in regard to
certain furloughs and paroles.
Presented by: Senator Jason Gant
Proponents: Representative Brian Gosch
Cheryl Burns, Bail USA, Incorporated
Dan Lederman, Self, Dakota Dunes
Roger Tellinghuisen, Bail USA ,Incorporated
Opponents: Laurie Feiler, Department of Corrections
Dennis Kaemingk, South Dakota Board of Pardons and Paroles
Max Gors, Department of Corrections
Keith Bonenberger, Board of Pardons and Paroles
MOTION:
DO PASS HB 1264
Moved by: Gant
Second by: Adelstein
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nelson, Olson (Russell)
Voting No: Nesselhuf, Turbak Berry
HB 1275: authorize electronic bingo devices.
Presented by: Representative Roger Solum
MOTION:
DO PASS HB 1275
Moved by: Turbak Berry
Second by: Gant
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Adelstein, Gant, Merchant, Nelson, Nesselhuf, Turbak Berry, Olson (Russell)
MOTION:
PLACE HB 1275 ON CONSENT CALENDAR
Moved by: Nesselhuf
Second by: Merchant
Action: Prevailed by voice vote.
HB 1280: create reduced ignition propensity standards for cigarettes, to authorize the
state fire marshal to monitor such standards, and to provide penalties therefor.
Presented by: Senator Tom Hansen
Proponents: Tim Dougherty, Homebuilders Association of the Sioux Empire
Dave Nuss, NFPA, Denver (Handout #4)
Dwight Neuharth, SD Home Builders Association
Mitch Richter, Professional Firefighters of South Dakota, Sioux Falls
Jeremiah D Murphy, R. J. Reynolds Tobacco Company
Mike Houdyshell, Department of Public Safety
MOTION:
AMEND HB 1280
1280fa
On page 6 of the House Commerce Committee engrossed bill, delete lines 3 to 7, inclusive.
On page 7, line 1, after "thousand" insert "five hundred".
On page 10, between lines 19 and 20, insert:
"
Section 20. Nothing in this Act prohibits any distributor, wholesaler, or dealer from selling its
existing inventory of cigarettes on or after January 1, 2011, if the distributor, wholesaler, or dealer
establishes that the state tax stamps were affixed to the cigarettes before January 1, 2011. In addition,
the inventory of cigarettes must have been purchased in a comparable quantity to the inventory that
was purchased during the same period for the preceding year.".