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Indicates Matter Stricken
Indicates New Matter
H. 3223
STATUS INFORMATION
General Bill
Sponsors: Reps. Cobb-Hunter, Funderburk and Haskins
Document Path: l:\council\bills\bbm\10507mm05.doc
Companion/Similar bill(s): 561, 3682
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Benefits allowed for persons unemployed due to domestic abuse
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/22/2004 House Prefiled
12/22/2004 House Referred to Committee on Labor, Commerce and Industry
1/11/2005 House Introduced and read first time HJ-136
1/11/2005 House Referred to Committee on Labor, Commerce and Industry
HJ-136
2/24/2005 House Member(s) request name added as sponsor: Haskins
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE AND TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, SO AS TO PROVIDE THAT BENEFITS PAID IN CONNECTION WITH A DOMESTIC ABUSE-RELATED JOB LOSS MUST NOT BE CHARGED TO THE ACCOUNT OF AN INDIVIDUAL EMPLOYER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 35 of Title 41 of the 1976 Code is amended by adding:
"Section 41-35-125. (A) Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the commission finds that the individual has left work voluntarily or has been discharged because of circumstances directly resulting from domestic abuse and:
(1) reasonably fears future domestic abuse at or en route to the workplace;
(2) needs to relocate to avoid future domestic abuse; or
(3) reasonably believes that leaving work is necessary for his safety or the safety of his family.
(B) When determining if an individual has experienced domestic abuse for the purpose of receiving unemployment compensation, the commission shall require him to provide documentation of domestic abuse including, but not limited to, police or court records or other documentation of abuse from a shelter worker, attorney, member of the clergy, or medical or other professional from whom the individual has sought assistance.
(C) All documentation or evidence of domestic abuse acquired by the commission pursuant to this section must be kept confidential unless consent for disclosure is given, in writing, by the individual."
SECTION 2. Section 41-35-130 of the 1976 Code is amended by adding:
"(i) Benefits paid to an individual pursuant to Section 41-35-125 must not be charged to the account of an employer or recovered from a nonprofit organization or the State, or any political subdivision or instrumentality of it as defined in Section 41-27-230, electing to become liable for payments instead of contributions in accordance with Section 41-31-620."
SECTION 3. This act takes effect upon approval by the Governor.
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