State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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940T0254
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SENATE BILL NO. 87
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Introduced by: Senators Haverly, Adelstein, Brown, Fryslie, Holien, Johnston, Nygaard,
Peters, Putnam, Rampelberg, and Tidemann and Representatives Cronin,
Carson, Conzet, Kirkeby, Moser, Perry, Stricherz, Turbiville, Wick, and
Wink
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FOR AN ACT ENTITLED, An Act to allow military spouses to receive unemployment
compensation if they leave their jobs due to a spouse's military transfer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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 and regulation 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 employee is relocating to accompany a spouse who has been reassigned from one
military assignment to another.
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.
Section 2. That § 61-5-29 be amended to read as follows:
61-5-29. Each employer's experience-rating account shall be charged with all benefits
chargeable, as provided in this title, except extended benefits paid as provided in §§ 61-6-29 to
61-6-45, inclusive, against wages paid for employment by the employer. However, no benefits
paid on the basis of a period of employment may be charged to the experience-rating account
of any employer, except as provided in § 61-5-29.2, if the claimant:
(1) Voluntarily separated without good cause attributable to the employer or the
employment;
(2) Was discharged or suspended for misconduct connected with the employment, or for
conduct mandated by religious belief which belief cannot be reasonably
accommodated by the employer;
(3) Was discharged or suspended for inability or incompetence to successfully complete
a ninety-day probationary period established between the employer and employee at
the time of employment;
(4) Earned total base period wages of less than one hundred dollars with one employer;
(5) Is receiving benefits while in approved training authorized by § 61-6-15.1;
(6) Performed services while incarcerated in a custodial or penal institution and
terminated such employment because of his transfer or release from the institution;
(7) Received benefits for unemployment directly caused by a major natural disaster
declared by the president pursuant to section 410(a) of the Robert T. Stafford
Disaster Relief and Employment Assistance Act, 42 U.S.C. § 5177, if the individual
would have been eligible for disaster unemployment assistance with respect to that
unemployment but for their receipt of unemployment insurance benefits; or
(8) Received benefits for unemployment resulting directly from the reinstatement of
another employee upon that employee's completion of service in the uniformed
services as provided in 38 U.S.C. § 4303(13) as of January 1, 2005, or the completion
of state active duty by members of the national guard who are activated pursuant to
a call from the Governor as provided by law; or
(9) Voluntarily separated to accompany a spouse who was reassigned from one military
assignment to another.