H*4014(Rat #0232, Act #0203 of 2002)  General Bill, By Cato
 A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE REDUCTION AND PREVENTION OF UNEMPLOYMENT, SO AS TO AUTHORIZE
 THE EMPLOYMENT SECURITY COMMISSION TO REQUIRE EMPLOYERS TO MAKE CERTAIN UNITED
 STATES BUREAU OF LABOR AND STATISTICS REPORTS AVAILABLE TO THE COMMISSION; TO
 AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE
 DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO
 REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE
 DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING
 TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT
 DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY,
 RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750,
 AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF
 THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA
 ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL
 PROCEDURE.-amended title

   04/25/01  House  Introduced and read first time HJ-11
   04/25/01  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-11
   02/20/02  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-2
   02/26/02  House  Amended HJ-15
   02/26/02  House  Read second time HJ-16
   02/27/02  House  Read third time and sent to Senate HJ-23
   02/28/02  Senate Introduced and read first time SJ-26
   02/28/02  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-26
   03/14/02  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry SJ-7
   03/19/02  Senate Amended SJ-18
   03/19/02  Senate Read second time SJ-18
   03/20/02  Senate Read third time and returned to House with
                     amendments SJ-38
   03/26/02  House  Concurred in Senate amendment and enrolled HJ-38
   04/04/02         Ratified R 232
   04/10/02         Signed By Governor
   04/23/02         Effective date 4/10/02
   04/23/02         Copies available
   04/24/02         Act No. 203

AN ACT TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION AND PREVENTION OF UNEMPLOYMENT, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO REQUIRE EMPLOYERS TO MAKE CERTAIN UNITED STATES BUREAU OF LABOR AND STATISTICS REPORTS AVAILABLE TO THE COMMISSION; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

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

Reports that may be required to be provided

SECTION 1. Section 41-29-120 of the 1976 Code is amended to read:

"Section 41-29-120. (A) The commission, with the advice and aid of its advisory councils and through its appropriate divisions, shall take all appropriate steps to reduce and prevent unemployment, to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance, to investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts and the State, of reserves for public works to be used in times of business depression and unemployment and to promote the reemployment of unemployed workers throughout the State in every other way that may be feasible and to these ends shall carry on and publish the results of statistical surveys, investigations, and research studies.

(B) The commission may require from an employing unit for the commission's cooperation with the Bureau of Labor Statistics of the United States Department of Labor or its successor agency the following reports:

(1) The United States Bureau of Labor Statistics report to assign industry codes to South Carolina employers under the ES-202 Covered Employment and Wages Program;

(2) The United States Bureau of Labor Statistics report to collect employment information on multiple worksites for South Carolina employers under the ES-202 Covered Employment and Wages Program;

(3) The United States Bureau of Labor Statistics report to collect monthly employment, hours, and earnings from South Carolina employers under the BLS-790 Current Employment Statistics Program;

(4) The United States Bureau of Labor Statistics report to collect employment information from federal employers under the ES-202 Covered Employment and Wages Program;

(5) The United States Bureau of Labor Statistics report to collect occupational employment and wage information from South Carolina employers under the Occupational Employment Statistics Program.

(C) As used in this section, 'employing unit' means those entities employing more than twenty individuals."

To whom information may be made available

SECTION 2. Section 41-29-170 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:

"Section 41-29-170. (A) A claimant or a claimant's legal representative must be supplied with information from the records, to the extent necessary for the proper presentation of the claim in any proceeding under Chapters 27 through 41 subject to restrictions the commission may by regulation prescribe.

(B) Upon written request the commission may furnish information obtained through the administration of Chapters 27 through 42 including, but not limited to, the name, address, ordinary occupation, wages, and employment status of each covered worker or recipient of benefits and the recipient's rights to further benefits under Chapters 27 through 41, to:

(1) an agency or agent of the United States charged with the administration of public works or assistance through public employment;

(2) a state agency similarly charged; or

(3) an agency or entity to which disclosure is permitted or required by federal statute or regulation or by state law.

This disclosure must be made subject to restrictions the commission may by regulation prescribe.

(C) The State Employment Office shall furnish, upon request of a public agency administering the Temporary Assistance to Needy Families (TANF) and child support programs, a state agency administering food stamp coupons, the state or federal agency administering the new hire directory, or any public housing authority, any information in its possession relating to:

(1) individuals who are receiving, have received, or have applied for unemployment insurance;

(2) the amount of benefits being received;

(3) the current home address of these individuals;

(4) whether any offer of work has been refused and, if so, a description of the job and the terms, conditions, and rate of pay;

(5) in the case of requests from a public housing authority, a listing of the current employer and previous employers for the available preceding six calendar quarters;

(6) in the case of requests from the state or federal agency which issues food stamp coupons or the new hire directory, a listing of the current employer and address and any previous employers and their addresses, including wage information, for the available preceding six calendar quarters.

The requesting agency is responsible for reimbursing the South Carolina Employment Security Commission for actual costs incurred in supplying the information. This information must be provided in the most useful and economical format possible."

Reconsideration of initial determination

SECTION 3. Section 41-35-640(1) of the 1976 Code is amended to read:

"(1) An initial determination may for good cause be reconsidered. A party entitled to notice of an initial determination may apply for a reconsideration not later than ten days after the determination was mailed to his last known address. Notice of the redetermination must be promptly given in the manner prescribed in this article with respect to notice of an initial determination."

Appeals

SECTION 4. Section 41-35-660 of the 1976 Code is amended to read:

"Section 41-35-660. The claimant or any other interested party may file an appeal from an initial determination, redetermination, or subsequent determination not later than ten days after the determination was mailed to his last known address. The term 'any other interested party' means the claimant's last or separating employer and any employer whose account may be affected by the adjudication of the claim. If an appeal is filed with respect to a matter other than the weekly benefit amount or maximum amount of benefits payable and the appeal tribunal affirms a determination allowing benefits, the benefits paid before the decision disallowing benefits shall not be recovered from any claimant regardless of any appeal which may subsequently be taken to the extent that these benefits are not charged to the account of any employer."

Appeals

SECTION 5. Section 41-35-680 of the 1976 Code is amended to read:

"Section 41-35-680. Unless an appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for a fair hearing, after notice of not less than seven days, shall make findings and conclusions promptly and on the basis of the findings and conclusions affirm, modify, or reverse the determination or redetermination within thirty days from the date of the hearing. Each party must be furnished promptly with a copy of the decision, including the reasons for the decision, which must be considered to be the final decision of the commission, unless within ten days after the date of mailing the decision a further appeal is initiated pursuant to Section 41-35-710."

Appeals

SECTION 6. Section 41-35-750 of the 1976 Code, as amended by Act 55 of 1999, is further amended to read:

"Section 41-35-750. Within the time specified by the South Carolina Administrative Procedures Act, a party to the proceeding whose benefit rights or whose employer account may be affected by the commission's decision may secure judicial review of the decision by commencing an action in the court of common pleas, either in the county in which the employee resides or the county in which he was last employed, against the commission for the review of its decision, in which action every other party to the proceeding before the commission must be made a defendant. In this action a petition, which need not be verified but which must state the grounds upon which a review is sought, must be served upon a member of the commission or upon a person as the commission may designate within the time specified by the South Carolina Rules of Civil Procedure governing these appeals. Service is deemed complete service on all parties, but there must be left with the person served as many copies of the petition as there are defendants, and the commission promptly shall mail one copy to each defendant. With its answer the commission shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter and its findings of fact and decision. The commission also may certify to the court questions of law involved in any decision by the commission. In a judicial proceeding under this chapter, the findings of the commission as to the facts, if supported by evidence and in the absence of fraud, must be conclusive and the jurisdiction of the court must be confined to questions of law. These actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under the Workers' Compensation laws of this State. An appeal may be taken from the decision of the court of common pleas in the manner provided by the South Carolina Appellate Court Rules. It is not necessary in a judicial proceeding under this article to enter exceptions to the rulings of the commission, and no bond is required for entering the appeal. Upon the final determination of the judicial proceeding, the commission shall enter an order in accordance with the determination. In no event shall a petition for judicial review act as a supersedeas or stay unless the commission orders a supersedeas or stay."

Time effective

SECTION 7. This act takes effect upon approval by the Governor.

Ratified the 4th day of April, 2002.

Approved the 10th day of April, 2002.