H*3235(Rat #0472, Act #0386 of 1982)  General Bill, By B.L. Hendricks
 A Bill to amend Section 41-35-20, as amended, Code of Laws of South Carolina,
 1976, relating to payment of unemployment benefits to employees of educational
 institutions, so as to provide that employees hired by a governmental agency
 or entity which is established and operated exclusively for the purpose of
 providing services to one or more educational institutions shall not be
 eligible for unemployment benefits during the period between terms or
 semesters if their employment will continue after such period, and to provide
 that school employees shall not be eligible for unemployment compensation for
 any holiday or vacation period during the school year when that period has
 been placed on the school calendar for that school year.-at

   11/23/81  House  Prefiled
   11/23/81  House  Referred to Committee on Education and Public Works
   01/12/82  House  Introduced and read first time HJ-95
   01/12/82  House  Referred to Committee on Education and Public
                     Works HJ-95
   03/03/82  House  Committee report: Favorable Education and Public
                     Works HJ-1156
   03/10/82  House  Debate adjourned HJ-1336
   03/10/82  House  Reconsidered HJ-1337
   03/10/82  House  Read second time HJ-1337
   03/11/82  House  Read third time and sent to Senate HJ-1353
   03/11/82  Senate Introduced and read first time SJ-18
   03/11/82  Senate Referred to Committee on Education SJ-18
   04/28/82  Senate Committee report: Favorable with amendment
                     Education SJ-24
   05/06/82  Senate Amended SJ-12
   05/06/82  Senate Read second time SJ-12
   05/06/82  Senate Ordered to third reading with notice of
                     amendments SJ-13
   05/19/82  Senate  Read third time SJ-3
   05/19/82  Senate Returned SJ-3
   05/20/82  House  Concurred in Senate amendment and enrolled HJ-3108
   05/26/82  House  Ratified R 472 HJ-3590
   06/02/82         Signed By Governor
   06/02/82         Effective date 06/02/82
   06/02/82         Act No. 386
   06/18/82         Copies available

AN ACT TO AMEND SECTION 41-35-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF UNEMPLOYMENT BENEFITS TO EMPLOYEES OF EDUCATIONAL INSTITUTIONS, SO AS TO PROVIDE THAT EMPLOYEES HIRED BY A GOVERNMENTAL AGENCY OR ENTITY WHICH IS ESTABLISHED AND OPERATED EXCLUSIVELY FOR THE PURPOSE OF PROVIDING SERVICES TO ONE OR MORE EDUCATIONAL INSTITUTIONS SHALL NOT BE ELIGIBLE FOR UNEMPLOYMENT BENEFITS DURING THE PERIOD BETWEEN TERMS OR SEMESTERS IF THEIR EMPLOYMENT WILL CONTINUE AFTER SUCH PERIOD, AND TO PROVIDE THAT SCHOOL EMPLOYEES SHALL NOT BE ELIGIBLE FOR UNEMPLOYMENT COMPENSATION FOR ANY HOLIDAY OR VACATION PERIOD DURING THE SCHOOL YEAR WHEN THAT PERIOD HAS BEEN PLACED ON THE SCHOOL CALENDAR FOR THAT SCHOOL YEAR.

Be it enacted by the General Assembly of the State of South Carolina:

Benefits

Section 1. Section 41-35-20 of the 1976 Code, as last amended by Act 161 of 1977, is further amended to read:

"Section 41-35-20. (1) Benefits based on service in an instructional, research, or principal administrative capacity in an institution of higher education as defined in Section 41-27-290 shall not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave, provided for in the individual's contract, if the individual has a contract or a reasonable assurance that such individual will perform services in any such capacity for any institution of higher education for both such academic years or both such terms.

(2) Benefits based on service in an instructional, research, or principal administrative capacity in an educational institution, as defined in Section 41-27-340 shall not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or a reasonable assurance that such individual will perform services in such capacity for any educational institution as defined in Section 41-27-340 for both such academic years or both such terms.

(3) With respect to services performed after December 31, 1977, in any other capacity for an educational institution (except an institution of higher education), irrespective of whether such institution paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms. The provisions of this subsection apply to employees of the educational institution concerned or to persons employed by a governmental agency which is established and operated exclusively for the purpose of providing services to one or more educational institutions.

For the purpose of this section `reasonable assurance' means a written notice of intent to rehire.

(4) School employees shall not be eligible for unemployment compensation for any holiday or vacation period during the school year when that period has been placed on the school calendar for the school year."

Time effective

Section 2. This act shall take effect upon the approval by the Governor.