South Dakota Codified Laws
Chapter 03 - Administration And Enforcement
Section 61-3-8 - Disobedience of subpoena not excused by privilege against self-incrimination--Immunity from prosecution after claim of privilege.

61-3-8. Disobedience of subpoena not excused by privilege against self-incrimination--Immunity from prosecution after claim of privilege.
No person may be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Department of Labor and Regulation 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 the person may tend to incriminate the person or subject the person to a penalty or forfeiture. 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 the person is compelled, after having claimed privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the person so testifying is not exempt from prosecution and punishment for perjury committed in so testifying.

Source: SL 1936 (SS), ch 3, §11 (j); SDC 1939, §17.0816; SL 2008, ch 277, §53; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 61 - Reemployment Assistance

Chapter 03 - Administration And Enforcement

Section 61-3-1 - General purposes of departmental programs--Assistance, investigations, and research.

Section 61-3-2 - Work record maintained by employing unit--Inspection by department.

Section 61-3-3 - Report required of employers by secretary.

Section 61-3-4 - Information confidential--Use by claimant at hearing--Violation as misdemeanor.

Section 61-3-5 - Reports and communications privileged in actions for defamation.

Section 61-3-6 - Preservation and destruction of departmental records.

Section 61-3-7 - Powers of departmental personnel in conduct of investigations and hearings.

Section 61-3-8 - Disobedience of subpoena not excused by privilege against self-incrimination--Immunity from prosecution after claim of privilege.

Section 61-3-9 - Disobedience of departmental subpoena--Misdemeanor--Separate offenses.

Section 61-3-10 - Judicial enforcement of departmental subpoena--Disobedience as contempt.

Section 61-3-14 - Availability of laws, rules, and reports.

Section 61-3-16 - Criminal prosecutions by attorney general or state's attorney.

Section 61-3-17 - Representation of department in civil actions.

Section 61-3-18 - Promulgation of rules to secure federal benefits.

Section 61-3-19 - Arrangements with other states for coordinated administration of benefits.

Section 61-3-20 - Agreements with federal government and other states for coordinated collection of contributions.

Section 61-3-21 - Cooperation and compliance with federal requirements--Reports and information.

Section 61-3-22 - Records made available to railroad retirement board.

Section 61-3-23 - Information furnished to federal public works agencies.

Section 61-3-24 - Employment security administration fund created--Moneys paid into fund--Purposes for which used.

Section 61-3-25 - Separate administration and accounting for administration fund--Security provided by depository.

Section 61-3-26 - Administration fund covered by state treasurer's bond--Deposit of recoveries on bond.

Section 61-3-27 - State obligation to replace federal contributions expended in unauthorized manner.

Section 61-3-28 - Employment security contingency fund established--Interest, penalty, and fine payments paid into fund--Restrictions on expenditures--Use of fund.

Section 61-3-29 - Refunds of interest, penalties, and fines paid from employment security contingency fund.

Section 61-3-30 - Expenditures and refunds from employment security contingency fund--Deposit, administration, and disbursement of fund.

Section 61-3-31 - Transfer of contingency fund balance to unemployment compensation fund.