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RECALLED
February 24, 2010
H. 3442
Introduced by Reps. Bingham, Harrell, Duncan, Harrison, Owens, Toole, Merrill, Brady, E.H. Pitts, G.M. Smith, Daning, Haley, Huggins, Cato, Ballentine, D.C. Smith, J.R. Smith, Rice, T.R. Young, Horne, Wylie, Bedingfield, Clemmons, Bales, Lucas, Neilson, Long, J.M. Neal and M.A. Pitts
S. Printed 2/24/10--S.
Read the first time February 23, 2010.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-29-300 SO AS CREATE THE WORKFORCE DEPARTMENT APPELLATE PANEL WITHIN THE DEPARTMENT OF WORKFORCE, TO PROVIDE FOR THE FILLING OF A VACANCY, TO REQUIRE THE PRESENT MEMBERS OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION MUST CONSTITUTE THE INITIAL MEMBERSHIP OF THE NEW PANEL, TO PROVIDE THE PANEL SHALL DISSOLVE WHEN THE MEMBERS' TERMS EXPIRE IN 2012, AND TO PROVIDE RELATED APPELLATE PROCEDURES; BY ADDING SECTION 41-29-310 SO AS TO TRANSFER THE WORKFORCE INVESTMENT ACT PROGRAM FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF WORKFORCE; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO DEPARTMENTS WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CREATE THE SOUTH CAROLINA DEPARTMENT OF WORKFORCE WITHIN THE EXECUTIVE BRANCH; TO AMEND SECTION 41-29-10, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT CERTAIN CHAPTERS WITHIN TITLE 41 MUST BE ADMINISTERED BY THE DEPARTMENT OF WORKFORCE AND TO DELETE REFERENCES TO THE EMPLOYMENT SECURITY COMMISSION; TO AMEND SECTION 41-29-20, RELATING TO THE CHAIRMAN, QUORUM, AND FILLING OF A VACANCY ON THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE THE DEPARTMENT OF WORKFORCE MUST BE MANAGED AND OPERATED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND THAT THE DIRECTOR IS SUBJECT TO REMOVAL BY THE GOVERNOR AT HIS DISCRETION BY EXECUTIVE ORDER; TO AMEND SECTION 41-29-30, RELATING TO THE APPOINTMENT OF A SECRETARY OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND PROVIDE THE DIRECTOR OF THE DEPARTMENT OF WORKFORCE OR HIS DESIGNEE MUST RECEIVE ANNUAL COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY AND OFFICIAL EXPENSES AS PROVIDED BY LAW FOR EXECUTING THE DUTIES AND FUNCTIONS OF THE DEPARTMENT; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCESS, SO AS TO INCLUDE EMPLOYEES OF THE DEPARTMENT OF WORKFORCE AMONG THOSE EXEMPTED; TO AMEND SECTIONS 41-27-10, 41-27-30, 41-27-150, 41-27-160, 41-27-190, 41-27-210, AS AMENDED, 41-27-230, 41-27-235, AS AMENDED, 41-27-260, AS AMENDED, 41-27-360, 41-27-370, AS AMENDED, 41-27-380, 41-27-390, 41-27-510, 41-27-550, 41-27-560, 41-27-570, 41-27-580, 41-27-600, 41-27-610, 41-27-620, 41-27-630, 41-27-670, 41-29-40, 41-29-50, 41-29-60, 41-29-70, 41-29-80, 41-29-90, 41-29-100, 41-29-110, 41-29-120, AS AMENDED, 41-29-130, 41-29-140, 41-29-150, 41-29-170, AS AMENDED, 41-29-180, 41-29-190, 41-29-200, 41-29-210, 41-29-220, 41-29-230, 41-29-240, 41-29-250, 41-29-270, 41-29-280, 41-29-290, 41-33-10, 41-33-20, 41-33-30, 41-33-40, 41-33-45, 41-33-80, AS AMENDED, 41-33-90, 41-33-100, 41-33-110, 41-33-120, 41-33-130, 41-33-170, 41-33-180, 41-33-190, 41-33-200, 41-33-210, 41-33-430, 41-33-460, 41-33-470, 41-33-610, 41-33-710, 41-35-10, 41-35-30, 41-35-100, 41-35-110, AS AMENDED, 41-35-115, AS AMENDED, 41-35-120, AS AMENDED, 41-35-125, 41-35-126, 41-35-130, AS AMENDED, 41-35-140, 41-35-330, 41-35-340, 41-35-410, 41-35-420, AS AMENDED, 41-35-450, 41-35-610, 41-35-630, 41-35-640, AS AMENDED, 41-35-670, 41-35-680, AS AMENDED, 41-35-690, 41-35-700, 41-35-710, AS AMENDED, 41-35-720, 41-35-730, 41-35-740, 41-35-750, AS AMENDED, 41-37-20, 41-37-30, 41-39-30, 41-39-40, 41-41-20, AS AMENDED, 41-41-40, AS AMENDED, 41-41-50, 41-42-10, 41-42-20, 41-42-30, AND 41-42-40, ALL RELATING TO VARIOUS DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE REPLACEMENT OF THE EMPLOYMENT SECURITY COMMISSION WITH THE DEPARTMENT OF WORKFORCE; AND TO REPEAL SECTION 41-29-260 RELATING TO THE ABILITY OF COMMISSIONERS OF THE EMPLOYMENT SECURITY COMMISSION TO FILE OPINIONS OR OFFICIAL MINUTES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 27, Title 41 of the 1976 Code is amended by adding:
Section 41-27-640. There is created the Department of Workforce Review Committee which must exercise the powers and fulfill the duties described in this article.
Section 41-27-650. (A) The committee must be composed of nine members, three of whom must be members of the House of Representatives appointed by the Speaker; three of whom must be members of the Senate appointed by the President pro Tempore; and three of whom shall be appointed by the governor from the general public at large, of which one must represent businesses with fewer than fifty employees and one of whom must represent businesses with fewer than five hundred employees. A member of the general public appointed by the governor may not be a member of the General Assembly.
(B) The committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and other officers as the committee considers necessary. Afterward, the committee at least annually shall meet and at the call of the chairman or a majority of the members. A quorum consists of five members.
(C) Unless the committee finds a candidate qualified and nominates the candidate for the Director of the Office of Workforce, the candidate may not be appointed to serve as Director of the Office of Workforce.
(D) The Governor must remove and replace a member of the committee from the general public that misses three consecutive scheduled meetings at which a quorum is present.
Section 41-27-660. The committee shall:
(1) nominate one qualified candidate for the Governor to consider in appointing the Director of the Office of Workforce. In order to be nominated, a candidate must be found qualified by meeting the minimum requirements as provided in Section 41-29-35. The committee must consider a candidate's experience and expertise in matters related to unemployment, workforce development, and economic development. A person may not be appointed to serve as permanent Director of the Department of Workforce unless nominated by the committee. If the Governor rejects a person nominated for the position of director by the committee, the committee must nominate another candidate for the Governor to consider, until the Governor makes an appointment;
(2) set the salary of the Director of the Office of Workforce, notwithstanding another provision of law;
(3) conduct an annual performance review of the Director of the Department of Workforce, which must be submitted to the General Assembly. A draft of the director's performance review must be submitted to the director, and the director must be allowed an opportunity to be heard before the committee before the final draft of the performance review is submitted to the General Assembly;
(4) submit to the General Assembly, on an annual basis, the committee's evaluation of the performance of the Department of Workforce. A proposed draft of the evaluation must be submitted to the Department of Workforce before submission to the General Assembly, and the Department of Workforce must be given an opportunity to be heard before the committee before the completion of the evaluation and its submission to the General Assembly;
(5) assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the director and employees of the Department of Workforce as the committee considers appropriate;
(6) make reports and recommendations to the General Assembly on matters relating to the powers and duties set forth in this section;
(7) submit a letter to the General Assembly with the annual budget proposals of the Department of Workforce, indicating the committee has reviewed and approved the proposals; and
(8) undertake additional studies or evaluations as the committee considers necessary.
Section 41-27-670. (A) The committee members are entitled to mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which they are appointed. These expenses must be paid from the general fund of the State on warrants duly signed by the chairman of the committee and payable by the authorities from which they are appointed, except as provided in subsection (B) of this section.
(B) The committee may request that it be reimbursed for expenses associated with its duties with funds from the employment security administration fund. The expenses of the committee must be advanced by a legislative body and the legislative body incurring this expense must be reimbursed by the State.
Section 41-27-680. (A) The committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the committee.
(B) The committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the committee.
(C) The committee may employ consultants to assist in identifying candidates for the Director of the Department of Workforce.
(D) Except as provided in Section 41-27-660(B), the costs and expenses of the committee must be funded in the annual state General Appropriations Act.
Section 41-27-690. The committee may conduct a comprehensive study of other states' unemployment and workforce agency structures, responsibilities, qualifications, and compensation. The committee may prepare and deliver this report along with its recommendations to the General Assembly.
Section 41-27-700. The committee must allocate personal service positions and other appropriations within the Department of Workforce to either the Department of Workforce or the Department of Workforce Appellate Panel. The committee must organize an appropriate staff structure for the Department of Workforce Appellate Panel and appropriate divisions within the Department of Workforce. Notwithstanding another provision of law, the committee is authorized to approve position descriptions and compensation schedules for each position within the Department of Workforce. Notwithstanding another provision of law, the salary of the Director of the Department of Workforce may not be construed as limiting the maximum salary that may be paid to other employees of the Department of Workforce. The committee's authority to reorganize the agencies and assign personal service positions and other appropriations supersedes a provision of law to the contrary. In effectuating the committee's assignment of positions between agencies, the Budget and Control Board is directed to assign through transfer both the position and the appropriation for the position. Notwithstanding this section or another provision of law, the Director of the Department of Workforce has sole authority to select and employ personnel of the Department of Workforce. Upon dissolution of the Office of Workforce Appellate Panel, the committee shall reassign or eliminate personal service positions organized under this section."
SECTION 2. Chapter 29, Title 41 of the 1976 Code is amended by adding:
"Section 41-29-35. (A) The Director of the Department of Workforce must be appointed pursuant to the procedure set forth in Section 41-27-660(1)(b).
(B) The committee must nominate one candidate as qualified to serve as director for the Governor's consideration.
(1) A person may not be appointed to serve as permanent Director of the Department of Workforce unless the committee nominates the person.
(2) If the Governor rejects a person nominated by the committee for director, the committee must nominate another candidate for the Governor to consider until the Governor makes an appointment.
(C) For the committee to find a candidate qualified, the candidate must have:
(1) a baccalaureate or more advanced degree from:
(a) a recognized institution of higher learning requiring face to face contact between its students and instructors prior to completion of the academic program;
(b) an institution of higher learning that has been accredited by a regional or national accrediting body; or
(c) an institution of higher learning chartered before 1962; and
(2) a background of substantial duration and expertise in business, labor and employment, employment benefits, human resource management, or five years experience as a practicing attorney.
(D) The committee may find a candidate qualified although the candidate does not have a background of substantial duration and expertise in one of the five enumerated areas contained in subsection (C)(2) of this section if two-thirds of the committee vote to qualify this candidate and provide written justification of their decision in the report as to the qualifications of the candidates.
(E) The director must be appointed by the Governor for a term of six years and until his successor is appointed.
(F) The Governor must appoint a candidate nominated by the committee on or before April 1, 2010. Thereafter, the Governor must forward a formal appointment nominated by the committee on or before April first of the year in which the term of the executive director begins.
(G) The initial term of office for the permanent executive director begins upon his appointment by the Governor.
(H) The executive director may be removed from office by the Governor in the event of his incapacity to serve. In addition, the executive director may be removed for cause from office by the Governor pursuant to Section 1-3-240(C).
(I) In case of a vacancy in the office of director or appellate panel before the expiration of his term of office, the vacancy must be filled by an interim appointment of the Governor, and the Governor must report the interim appointment to the review committee.
(J) The committee must nominate a candidate for permanent appointment within sixty days of the office of director becoming vacant
(K) The Governor must appoint or reject a candidate nominated by the committee within ten days of the candidate's nomination.
(L) The director must take the oath of office provided by the Constitution and the oaths prescribed by law for state officers.
(M) The Department of Workforce must be subject to annual review by the committee;
(N) The salary of the director must be set by the committee."
SECTION 3. Chapter 29, Title 41 of the 1976 Code is amended by adding:
"Section 41-29-300. (A) There is created the Department of Workforce Appellate Panel within the Department of Workforce, which is separate and distinct from the Department of Workforce's divisions. The sole purpose of the panel is to hear and decide appeals from decisions of the Department of Workforce's divisions.
(B)(1) The panel must consist of the three sitting members of the South Carolina Employment Security Commission serving at the effective date of this section. They may serve until December 31, 2010, at which time the Workforce Department Appellate Panel shall dissolve.
(2) The Governor must fill a vacancy on the panel by appointment within thirty days of the vacancy.
(C) To qualify for a temporary appointment, a candidate must have:
(1) a baccalaureate or more advanced degree from:
(a) a recognized institution of higher learning requiring face to face contact between its students and instructors before completion of the academic program;
(b) an institution of higher learning that has been accredited by a regional or national accrediting body; or
(c) an institution of higher learning chartered before 1962; and
(2) a background of substantial duration and expertise in business, labor and employment, unemployment benefits, human resource management, or five years experience as a practicing attorney.
(3) A panel member must receive an annual salary determined by the State Department of Workforce Review Committee and payable in monthly installments.
(D) Until the panel dissolves as provided in item (B)(1), a party only may appeal from a decision of the department directly to the panel. A party only may appeal a decision of the panel to the Administrative Law Court pursuant to Section 1-23-600(D) of the Administrative Procedures Act and the rules of procedure for the Administrative Law Court. After the panel dissolves effective January 1, 2011, a party may appeal a decision of the department to the Administrative Law Court pursuant to Section 1-23-600(D) of the Administrative Procedures Act and the rules of procedure for the Administrative Law Court. Notwithstanding another provision of law, the Administrative Law Court may not charge a fee for an appeal from the Department of Workforce. A decision of the Administrative Law Court may be appealed pursuant to Section 1-23-610.
(E) A quorum must consist of at least two panel members and is necessary to hear or decide an appeal under item (C). A decision of the panel must be rendered in writing."
SECTION 4. Chapter 29, Title 41 of the 1976 Code is amended by adding:
"Section 41-29-320. The Workforce Investment Act program created by the Workforce Investment Act of 1988 and transferred to the Department of Commerce by Executive Order 2005-09 is transferred to the Department of Workforce on the effective date of this section."
SECTION 5. Section 1-3-240(C) of the 1976 Code, as amended by Act 73 of 2009, is further amended to read:
"(C)(1) Persons A person may be appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:
(a) Workers' Compensation Commission;
(b) Department of Transportation Commission;
(c) Ethics Commission;
(d) Election Commission;
(e) Professional and Occupational Licensing Boards;
(f) Juvenile Parole Board;
(g) Probation, Parole and Pardon Board;
(h) Director of the Department of Public Safety;
(i) Board of the Department of Health and Environmental Control, excepting the chairman;
(j) Chief of State Law Enforcement Division;
(k) South Carolina Lottery Commission;
(l) Executive Director of the Office of Regulatory Staff; and
(m) Directors of the South Carolina Public Service Authority appointed pursuant to Section 58 31 20. A director of the South Carolina Public Service Authority also may be removed for his breach of any duty arising under Section 58 31 55 or 58 31 56. The Governor must not request a director of the South Carolina Public Service Authority to resign unless cause for removal, as established by this subsection, exists. Removal of a director of the South Carolina Public Service Authority, except as is provided by this section or by Section 58 31 20(A), must be considered to be an irreparable injury for which no adequate remedy at law exists.
(n) State Ports Authority; and
(o) Director of the Department of Workforce and members of the Department of Workforce Appellate Panel.
(2) Upon the expiration of an officeholder's term, the individual may continue to serve until a successor is appointed and qualifies."
SECTION 6. Section 1-23-600(D), as last amended by Act 334 of 2008, is further amended to read:
"(D) An administrative law judge also shall preside over all appeals from final decisions of contested cases pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service Commission and the State Ethics Commission is to the Supreme Court or the court of appeals as provided in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the circuit court as provided in Section 11-35-4410, and an appeal from the Workers' Compensation Commission is to the court of appeals as provided in Section 42-17-60, and an appeal from the Employment Security Commission is to the circuit court as provided in Section 41-35-750. An administrative law judge shall not hear an appeal from an inmate in the custody of the Department of Corrections involving the loss of the opportunity to earn sentence-related credits pursuant to Section 24-13-210(A) or Section 24-13-230(A) or an appeal involving the denial of parole to a potentially eligible inmate by the Department of Probation, Parole and Pardon Services."
SECTION 7. Section 1-23-670 of the 1976 Code, as added by Act 353 of 2008, is amended to read:
"Section 1-23-670. (A) Each A request for a contested case hearing, notice of appeal, or request for injunctive relief before the Administrative Law Court must be accompanied by a filing fee equal to that charged in circuit court for filing a summons and complaint, except as otherwise provided in this section, or unless another filing fee schedule is established by rules promulgated by the Administrative Law Court, subject to review as in the manner of rules of procedure promulgated by the Supreme Court pursuant to Article V of the Constitution of this State. This fee must be retained by the Administrative Law Court in order to help defray the costs of the proceedings.
(B) No A filing fee is not required:
(1) for a notice of appeal or hearing request resulting from a decision of the Department of Workforce; or
(2) in an administrative appeals appeal by inmates an inmate from a final decisions decision of the Department of Corrections or the Department of Probation, Parole and Pardon Services. However, if an inmate files three administrative appeals during a calendar year, then each subsequent filing during that year must be accompanied by a twenty-five dollar filing fee. If the presiding administrative law judge determines at the conclusion of the proceeding that the case was frivolous or taken solely for the purpose of delay, the judge may impose such sanctions as the circumstances of the case and discouragement of like conduct in the future may require."
SECTION 8. Section 8-17-370 of the 1976 Code, as last amended by Act 353 of 2009, is further amended to read:
"Section 8-17-370. The provisions of this article do not apply to:
(1) members, officers, or employees of the General Assembly;
(2) employees within the Office of the Governor who work at the mansion or in the State House or those employees appointed by the Governor to serve at or above the organizational level of assistant directors of the individual program components;
(3) elected public officials of this State or persons appointed to fill vacancies in these offices;
(4) all judges, officers, and employees of the Judicial Department; jurors; all employees of the Commission on Prosecution Coordination; and the judges, officers, and employees of the Administrative Law Judge Division;
(5) members of state boards, commissions, councils, advisory councils, or committees compensated on a per diem basis;
(6) inmate help in a charitable, penal, or correctional institution, residents of rehabilitation facilities, or students employed in institutions of learning;
(7) part-time professional personnel engaged in consultant or contractual services;
(8) an agency head who has the authority and responsibility for an agency within state government including the divisions of the State Budget and Control Board;
(9) employees of the Public Service Authority, State Ports Authority, the Jobs-Economic Development Authority, or the Division of Public Railways and the Division of Savannah Valley Development of the Department of Commerce;
(10) teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including its branch campuses, if any, as defined in Section 59-107-10;
(11) athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10;
(12) deputy directors as defined in Section 8-17-320;
(13) regional and county directors of the Department of Social Services as defined in Section 43-3-40(B);
(14) employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision;
(15) presidents of the South Carolina Technical College System;
(16) a retired member of the South Carolina Police Officers Retirement System or a retired member of the South Carolina Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act; and
(17) notwithstanding the provisions of Section 9-1-2210(E), any participant in the Teacher and Employee Retention Incentive Program.;
(18) the chief investment officer and all other employees of the Retirement System Investment Commission.;
(19) employees of the Office of the Lieutenant Governor if the employees report directly to the Lieutenant Governor or report directly to a person who reports directly to the Lieutenant Governor.; and
(20)(a) an employee of the Department of Workforce who reports directly to the director; or
(b) an employee of the Department of Workforce who reports directly to a person that reports directly to the director; or
(c) an employee of the Department of Workforce who reports directly to a person that reports directly to a person that reports directly to the director."
SECTION 9. Section 41-27-370 of the 1976 Code, as last amended by Act 349 of 2000, is further amended to read:
"Section 41-27-370. (1) An individual is deemed considered 'unemployed' in any a week during which he performs no services and with respect to which no wages are payable to him or in any a week of less than full-time work if the wages payable to him with respect to such that week are less than his weekly benefit amount. The commission Department of Workforce must prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work, as the commission deems Department of Workforce considers necessary.
(2) An individual is deemed considered 'unemployed' in any a week during which no governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment which is attributable to his employment is payable to him or, if such that payment is payable to him with respect to such those weeks, the amount thereof of it is less than his weekly benefit amount. Each An eligible individual who is unemployed in any a week and who is receiving a governmental government or other pension, retirement or retired pay, annuity, or other similar periodic payment which is attributable to his employment must be paid with respect to such this week a benefit in an amount equal to his weekly benefit amount less the pension, retirement or retired pay, annuity, or other similar periodic payment payable to him with respect to such week. Such This benefit, if not a multiple of one dollar, must be computed to the next lower multiple of one dollar. The amount of benefits payable to an individual for any a week which that begins after the effective date of the applicable provision in the Federal Unemployment Tax Act and which that begins in a period with respect to which such this individual is receiving a governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment which is based on the previous work of such the individual must be reduced (but not below zero) but by an amount equal to the amount of such this pension, retirement or retired pay, annuity, or other payment which is reasonably attributable to such week. However, if the provisions of the Federal Unemployment Tax Act permit, the requirements of this subsection shall only apply in the case of a pension, retirement or retired pay, annuity, or other similar periodic payment under a plan maintained, (or contributed to,) by a base period employer or chargeable employer.
In the event the individual has participated in any a pension, retirement or retired pay, annuity, or other similar plan of the base period employer or chargeable employer by having made contributions to such this plan, the weekly benefit amount payable to such the individual for such that week shall must be reduced, (but not below zero), by:
(a) by the pro-rated weekly amount of the pension after deductions of that portion of the pension that is directly attributable to the percentage of the contributions made to the plan by such individual; or
(b) by no part of the pension if the entire contributions to the plan were provided by such individual, or by the individual and an employer, (or any other person or organization), who is not a base period employer or chargeable employer; or
(c) by the entire pro-rated prorated weekly amount of the pension if item subitem (a) or item (b) does not apply.
This provision is effective for all weeks commencing on or after August 29, 1982.
For purposes of this subsection, social security benefits are not considered a governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment attributable to the beneficiary's employment. As a result, the offset of social security will be reduced from 50% to 0% fifty to zero percent based on the fact that individuals are required to contribute to social security.
(3) No An individual may not be considered as unemployed in any a week in which the commission Department of Workforce finds that his unemployment is due to a vacation week with respect to which the individual is receiving or has received his regular wages. This subsection is not applicable does not apply to any a claimant whose employer fails to comply, in respect to such the vacation period, with the requirements of all regulations a regulation or procedures procedure of the commission Department of Workforce regarding the filing of notices, reports a notice, report, information, or claims claim in connection with individual, group, or mass separations separation arising from the vacation.
(4) No An individual may not be considered as unemployed in any a week, (not to exceed two in any benefit year), in which the commission Department of Workforce finds that his unemployment is due to a vacation week which that is constituted a vacation period without pay by reason of a written contract between the employer and the employees or by reason of the employer's vacation policy and practice to his employees. This provision applies only if it is found by the commission that Department of Workforce finds employment will be available for the claimant with the employer at the end of a vacation period as described in this section. This subsection is not applicable to any a claimant whose employer fails to comply, in respect to such this vacation period, with the requirements of all regulations a regulation or procedures procedure of the commission Department of Workforce regarding the filing of notices, reports a notice, report, information, or claims claim in connection with an individual, group, or mass separations separation arising from the vacation.
(5) The department must not accept or process new employer filed claims by an employer whose contributions paid for all past periods is less than the total benefits charged to the employer's account for all past periods."
SECTION 10. Section 41-27-510 of the 1976 Code is amended to read:
"Section 41-27-510. The commission Department of Workforce shall prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of the individuals attached to their regular jobs and other forms of short-time work as the commission deems Department of Workforce considers necessary."
SECTION 11. Section 41-29-10 of the 1976 Code is amended to read:
"Section 41-29-10. Chapters 27 through 41 of this Title shall must be administered by the South Carolina Employment Security Commission. The Commission shall consist of three members to be elected by the General Assembly, in joint session, for terms of four years and until their successors have been elected and qualified, commencing on the first day of July in each presidential election year. Any vacancy occurring shall be filled by appointment by the Governor for the temporary period until the next session of the General Assembly, whereupon the General Assembly shall elect a commissioner to fill the unexpired term. Each commissioner shall receive an annual salary payable in monthly installments Department of Workforce."
SECTION 12. Section 41-29-20 of the 1976 Code is amended to read:
"Section 41-29-20. The Commission shall elect one of its members as chairman. Any two commissioners shall constitute a quorum and no vacancy shall impair the right of the remaining commissioners to exercise all of the powers of the Commission through action of a quorum There is created the South Carolina Department of Workforce which must be managed and operated by a director nominated by the Department of Workforce Review Committee and appointed by the Governor. The director may be removed by the Governor as provided in Section 1-3- 240(C)."
SECTION 13. Article 5, Chapter 27, Title 41 of the 1976 Code is amended by adding:
"Section 41-27-655. On April 1, 2010, the functions, powers, duties, responsibilities, and authority exercised by the Employment Security Commission regarding the South Carolina Occupational Information System, whether as provided in Title 59 or another provision of law, must devolve exclusively to the Department of Education."
SECTION 14. Section 41-33-430 of the 1976 Code is amended to read:
"Section 41-33-430. All moneys which are Money deposited or paid into the fund are appropriated and made available to the Commission Department of Workforce. All moneys Money in this fund shall must be expended solely for the purpose of defraying the cost of the administration of Chapters 27 through 41 of this title, including reimbursement of the South Carolina Administrative Law court, and for no other purpose whatsoever. Any balances A balance in the fund shall may not lapse at any time but shall be continuously must be available to the Commission Department of Workforce for expenditure consistent with Chapters 27 through 41 of this title. The Commission Department of Workforce shall issue its requisition approved by the chairman or any a designated member, officer, or agent for payment of such the costs of administration to the Comptroller General who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the employment security administration fund."
SECTION 15. Section 41-33-610 of the 1976 Code is amended to read:
"Section 41-33-610. (a)(A) There is hereby created in the State Treasury a special fund to be known as the employment security special administration fund, which shall must consist of all penalties and interest collected on contributions due pursuant to Sections 41-31-330 and 41-31-350 and interest collected on unpaid contributions pursuant to Section 41-31-370. All Money in the special administration fund shall must be deposited, administered, and disbursed in accord with pursuant to the provisions of Section 41-33-420 applicable to the employment security administration fund.
(b)(B) All moneys which are Money deposited in the special administration fund are is appropriated and made available to the Commission Department of Workforce. All moneys Money in the fund shall must be expended solely for:
(1) replacements in the employment security administration fund as provided in Section 41-33-460.;
(2) refunds pursuant to Section 41-31-360 of interest erroneously collected.; and
(3) special, extraordinary, and incidental expenses incurred in the administration of Chapters 27 through 41 of this title not provided for in the employment security administration fund and for which federal funds are not granted by the Federal Government through the Secretary of Labor or its other agencies.
(4) At the Discretion of the Review committee, Reimbursement of the Administrative Law Court for additional staffing required to hear appeals of determinations of the Department of Workforce and the Department of Workforce Appellate Panel.
(C) Any balances A balance in the fund shall not lapse at any time but shall must be continuously available to the Commission Department of Workforce for expenditure consistent with Chapters 27 through 41 of this title. The Commission shall Department of Workforce must issue its requisition approved by the chairman its director or any his designated member, officer, or agent for the purposes set forth herein in this section to the Comptroller General who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the special administration fund."
SECTION 16. Section 41-35-10 of the 1976 Code is amended to read:
"Section 41-35-10. (A) Benefits shall become payable from the fund to any an individual who is unemployed and eligible for benefits. Except as provided in Section 41-35-20, benefits based on service in employment defined in Section 41-27-230(2) and (3) shall be are payable in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other service subject to Chapters 27 through 41 of this title. All Benefits shall must be paid through an employment offices office, in accordance with such pursuant to regulations as the Commission may prescribe prescribed by the Department of Workforce."
(B)(1) Receiving severance pay, whether paid periodically or in a lump sum, does not affect an individual's eligibility for unemployment benefits. However, the receipt of those benefits must be adjusted in the following manner:
(a)(i) For any week that the individual receives severance pay, he may only receive unemployment benefits if the severance pay received is less than the amount of benefits that the individual would otherwise receive. In that instance, the individual is entitled to receive the difference between the severance payment and the benefit amount he would otherwise receive. However, an individual may not receive benefits that he is otherwise eligible to receive for any week that his severance payments is equal to or exceeds the benefits that he otherwise would have received.
(ii) If an individual receives periodic severance pay for a period that exceeds one week, then the severance payment must be converted to a weekly equivalent for that time period. For the purposes of item (a)(i), the weekly equivalent calculated pursuant to this item must be used when calculating whether there is a difference between severance pay received and unemployment benefits to which the individual is entitled if the individual receives periodic severance pay for a period that exceeds one week. The weekly equivalent is calculated by dividing the amount of the periodic severance payment by the number of weeks until the next scheduled periodic severance payment.
(b) An individual that receives severance pay in a lump sum may not receive benefits that he is otherwise eligible to receive for a number of weeks equal to dividing the lump sum amount by the weekly benefits the person would otherwise be eligible to receive.
(c) The adjustments contained in items (1) and (2) may not exceed eight weeks for an individual that receives severance pay from an employer that is going out of business.
(2) After the provisions contained in item one have been satisfied, an otherwise eligible individual must receive full benefits during the remainder of his eligibility."
SECTION 17. Section 41-35-110 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 41-35-110. An unemployed insured worker shall be is eligible to receive benefits with respect to any a week only if the Commission Department of Workforce finds that he:
(1) He has made a claim for benefits with respect to such that week in accordance with such pursuant to regulations as the Commission may prescribe prescribed by the Department of Workforce;
(2) He has registered for work and thereafter after work has continued to report at an employment office in accordance with such regulations as the Commission may prescribe, except that the Commission may Department of Workforce, by regulation, may waive or alter either or both of the requirements of this paragraph as to individuals attached to regular jobs; provided, that no such regulation shall conflict conflicts with Sections 41-35-10 or 41-35-30;
(3) He is able to work and is available for work at his usual trade, occupation, or business or in such other another trade, occupation, or business as his for which he is qualified based on his prior training or experience shows him to be fitted or qualified; is available for such this work either at a locality at which he earned wages for insured work during his base period or, if the individual has moved, to a locality where it may reasonably be expected that work suitable for him under the provisions of Section 41-35-120(3)(b) is available; and, in addition to having complied with subsection (2), is himself actively seeking work; provided, however,:
(a) notwithstanding any other provisions another provision of Chapters 27 through 41 of this title, no an otherwise eligible individual shall may not be denied benefits with respect to any a week in which he is in training with the approval of the Commission Office of Workforce by reason of the application of the provision herein of this section relating to availability for work and an active search for work;
(b) No a claimant shall may not be eligible to receive benefits or waiting period credit if engaged in self-employment of such a nature as to return or promise remuneration in excess of the weekly benefit amounts he would have received if otherwise unemployed over such this period of time.
(c) A claimant may not be eligible to receive benefits or waiting period credit following the completion of a temporary work assignment unless the claimant shows that he informed the temporary employment agency that provided the assignment of the assignment's completion, maintains on-going weekly contact with agency until reassigned, and that the agency has not provided a subsequent assignment for which the claimant's prior training or experience shows him to be fitted or qualified.
(4) He has been unemployed for a waiting period of one week, but no a week shall may not be counted as a week of unemployment for the purposes of this paragraph:
(a) unless it occurs within the benefit year which that included the week with respect to which he claims payment of benefits,;
(b) if benefits have has been paid with respect thereto nor to it; and
(c) unless the individual was eligible for benefits with respect thereto to it as provided in this section and Section 41-35-120, except for the requirements of this item (4) and of item (5) of Section 41-35-120.;
(5) Claimant is has separated, through no fault of his own, from his most recent bona fide employer; provided, however, the term 'most recent bona fide employer' shall mean means the work or employer from which the individual separated regardless of any work subsequent to his separation in which he earned less than eight times his weekly benefit amount.; and
(6) He participates in reemployment services, such as job search assistance services, if he has been is determined to be likely to exhaust regular benefits and need a reemployment services service pursuant to a profiling system established by the commission Department of Workforce, unless the commission Department of Workforce determines that:
(a) the individual has completed such services; or
(b) there is justifiable cause for the claimant's failure to participate in such those services."
SECTION 18. Section 41-35-120 of the 1976 Code, as last amended by Act 50 of 2005, is further amended to read:
"Section 41-35-120. Any An insured worker is ineligible for benefits for:
(1)(A) leaving work voluntarily. If the Commission Department of Workforce finds that he has left voluntarily, without good cause, his most recent work bona fide employment before filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request and continuing until he has secured employment and shows to the satisfaction of the Commission Department of Workforce that he has performed services in employment as defined by Chapters 27 through 41 of this title and earned wages for such those services equal to at least eight times the weekly benefit amount of his claim.
(2)(B) Discharge being discharged for cause connected with the employment.
(a)(1) If the commission Department of Workforce finds that he has been was discharged for cause connected with his most recent work bona fide employment before filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request, and continuing not less than five nor more than the next twenty-six weeks, in addition to the waiting period, with a corresponding and mandatory reduction of the insured worker's benefits to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification. The ineligibility period must be determined by the commission Department of Workforce in each case according to the seriousness of the cause for discharge. A charge of discharge for cause connected with the employment may not be made for failure to meet production requirements unless the failure is occasioned by wilful failure or neglect of duty. 'Cause connected with the employment' as used in this item requires more than a failure in good performance of the employee as the result of inability or incapacity.
(2) If the commission finds that he was discharged from his most recent bona fide employment for gross misconduct before filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request and continuing for not less than ten and not more than twenty-six weeks 'Gross Misconduct' as used in this subsection includes, but is not limited to:
(a) employee neglect of duty;
(b) poor employee attitude;
(c) poor employee work quality; or
(d) employee absenteeism or tardiness in the absence of a documented medical condition.
(3) If the commission finds that he was discharged from his most recent bona fide employment for major misconduct before filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request and continuing for twenty-six weeks and until he has secured employment and shows to the satisfaction of the Department of Workforce that he has performed services in employment as defined by Chapters 27 through 41 of this title and earned wages for those services equal to at least eight times the weekly benefit amount of his claim. "major Misconduct" as used in this subsection includes, but is not limited to:
(a) wilful or reckless employee damage to employer property in excess of two hundred dollars;
(b) employee discharge for cause pursuant to Section 41 35 120(2)(b);
(c) employee possession or consumption of illegal drugs on employer property, in employer vehicles, or while on the job or on duty;
(d) employee blood alcohol content of .08 percent or higher while on the job, or failure to comply with the drug and alcohol testing and use regulations pursuant to 49 C.F.R. part 40 and part 382 of the federal motor carrier safety regulations while on the job or on duty;
(e) employee assault or battery of another;
(f) employee theft causing loss in excess of two hundred dollars;
(g) employee abuse of patient or child in his professional care;
(h) employee insubordination; or
(i) employee sleeping on the job.
(b)(4) An insured worker is considered to have been discharged for cause pursuant to this item, and is ineligible for benefits if the:
(i)(a) company employer has communicated a policy prohibiting the illegal use of drugs, the violation of which may result in termination; and
(ii)(b) insured worker fails or refuses to provide a specimen pursuant to a request from the employer, or otherwise fails or refuses to cooperate by providing an adulterated specimen; or
(iii)(c) insured worker provides a blood, hair, or urine specimen during a drug test administered on behalf of the employer, which tests positive for illegal drugs or legal drugs used unlawfully, provided:
(A)(i) the sample was collected and labeled by a licensed health care professional or another individual authorized to collect and label test samples by federal or state law, including law enforcement personnel; and
(B)(ii) the test was performed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists or the State Law Enforcement Division; and
(C)(iii) any an initial positive test was confirmed on the specimen using the gas chromatography/mass spectrometry method, or an equivalent or a more accurate scientifically accepted methods method approved by the National Institute on Drug Abuse.
(iv)(d) for purposes of this item, 'unlawfully' means without a prescription.
(c)(3) If an insured worker makes an admission pursuant to the employer's policy, which provides that voluntary admissions made before the employer's request to the employee to submit to testing may protect an employee from immediate termination, then the admission is inadmissible for purposes of this section as long as the:
(A)(i) employer has communicated a written policy, which provides protection from immediate termination for employees who voluntarily admit prohibited drug use before the employer's request to submit to a test; and
(B)(ii) employee makes the admission specifically pursuant to the employer's policy.
(d)(4) Information, interviews, reports, and drug-test results, written or otherwise, received by an employer through a drug-testing program may be used or received in evidence in proceedings conducted pursuant to the provisions of this title for the purposes of determining eligibility for unemployment compensation, including any administrative or judicial appeal.
(3)(C) failure to accept work.
(a)(1) If the Commission Department of Workforce finds that he has failed, without good cause,;
(i)(a) either to apply for available suitable work, when so directed by the employment office or the Commission, Department of Workforce;
(ii)(b) to accept available suitable work when offered to him by the employment office Department of Workforce or an employer,; or
(iii)(c) to return to his customary self-employment, (if any), when so directed by the Commission Department of Workforce, the ineligibility begins with the week the failure occurred and continues until he has secured employment and shows to the satisfaction of the Commission Department of Workforce that he has performed services in employment as defined in Chapters 27 through 41 of this title and earned wages for services equal to at least eight times his weekly benefit amount of his claim.
(b)(2) In determining whether or not any work is suitable for an individual, the Commission shall Department of Workforce must consider, based on a standard of reasonableness as it relates to the particular individual concerned, the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence.
(c)(3) Notwithstanding any other provisions another provision of Chapters 27 through 41 of this title, no work is not considered suitable and benefits may not be denied under such these chapters to any an otherwise eligible individual for refusing to accept new work under any of the following conditions:;
(i)(a) if the position offered is vacant due directly to a strike, lockout, or other labor dispute,;
(ii)(b) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality,; or
(iii)(c) if, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
(d)(4) Notwithstanding any other provisions another provision of Chapters 27 through 41 of this title, no an otherwise eligible individual may not be denied benefits for any a week for failure to apply for, or refusal to accept, suitable work because he is in training with the approval of the Commission Department of Workforce.
(e)(5) Notwithstanding any other another provision of this chapter, no an otherwise eligible individual may not be denied benefits for any a week because he is in training approved under pursuant to Section 236(a)(1) of the Trade Act of 1974, nor may the individual be denied benefits by reason of leaving work to enter training, so long as if the work left is not suitable employment, or because of the application to any a week in training of provisions in this law (or any an applicable federal unemployment compensation law), relating to availability for work, active search for work, or refusal to accept work.
For purposes of this subitem, 'suitable employment' means, with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment, (as defined for purposes of the Trade Act of 1974), and wages for the work at not less than eighty percent of the individual's average weekly wage as determined for the purposes of the Trade Act of 1974.
(4)(D) labor dispute. -For any a week in which the Commission Department of Workforce finds that his total or partial unemployment is directly due to a labor dispute in active progress in the factory, establishment, or other premises at which he was last employed. This paragraph does not apply if it is shown to the satisfaction of the Commission Department of Workforce that he:
(a)(1) He is not participating in, financing, or directly interested in the labor dispute;
(b)(2) He does not belong to a grade or class of workers of which, immediately before he became unemployed by reason of the dispute, there were members employed at the premises at which the dispute exists, any of whom are participating in or directly interested in the dispute.
If in any case separate branches of work, which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each department for the purpose of this item (4)subsection (D) is considered to be a separate factory, establishment, or other premises.
(5)(E) receiving benefits elsewhere. -For any a week in which or a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States. If the appropriate agency of the other state or of the United States finally determines that he is not entitled to unemployment benefits, this disqualification does not apply.
(6)(F) voluntary retirement. If the Commission Department of Workforce finds that he voluntarily retired from his most recent work with the ineligibility beginning with the effective date of his claim and continuing for the duration of his unemployment and until the individual submits satisfactory evidence of having had new employment and of having earned wages of not less than eight times his weekly benefit amount as defined in Section 41-35-40. For the purpose of this section, 'most recent work' means the work from which the individual retired regardless of any work subsequent to his retirement in which he earned less than eight times his weekly benefit amount."
SECTION 19. Section 41-35-750 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"Section 41-35-750. Within thirty days from the date of mailing of the commission's Department of Workforce or Appellate Panel's decision, a party to the proceeding whose benefit rights or whose employer account may be affected by the commission's Department of Workforce or Appellate Panel's decision may secure judicial review of the decision by filing a notice of appeal to the Administrative Law Court pursuant to Section 1-23-600(D) and the appellate rules of procedure for the Administrative Law Court. 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 this section. 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 Department of Workforce or Appellate Panel also may certify to the court questions of law involved in any a decision by the commission Department of Workforce or Appellate Panel. In a judicial or quasi-judicial proceeding under this chapter, the findings of the commission as to the Department of Workforce or Appellate Panel regarding 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 for Administrative Appeals. 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 Administrative Law Court pursuant to Section 1-23-610. Upon the final determination of the judicial proceeding, the commission shall Department of Workforce or Appellate Panel must enter an order in accordance with the determination. In no event shall a petition for judicial review An appeal may not act as a supersedeas or stay unless the commission Department of Workforce or Appellate Panel or the presiding administrative law judge orders a supersedeas or stay. After the Appellate Panel is dissolved, a party may appeal a decision of the department by filing a notice of appeal to the Administrative Law Court pursuant to Section 1-23-600(D) and the appellate rules of procedure for the Administrative Law Court. A decision of the Administrative Law Court may be appealed as provided in Section 1-23-610."
SECTION 20. Section 41-39-30 of the 1976 Code is amended to read:
"Section 41-39-30. No An individual claiming benefits shall may not be charged fees of any kind a fee in any a proceeding under Chapters 27 through 41 of this title by the Commission Department of Workforce Appellate Panel, the Department of Workforce, or its representatives, or by any a court or any an officer (except an attorney), thereof of it. Any An individual claiming benefits in any a proceeding before the Commission Department of Workforce, the Department of Workforce Appellate Panel, or a court may be represented by an attorney or other duly authorized agent, but no such an attorney or agent shall either must not charge or receive for such services this service more than an amount approved by the Commission Department of Workforce. Any A person who violates any a provision of this section shall, for each such offense, must be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned for not more than six months, or both."
SECTION 21. This act is intended to provide a uniform procedure for appealing decisions of the Department of Workforce after the Department of Workforce Appellate Panel is dissolved and to the extent that after December 31, 2010, a provision of this act conflicts with the Administrative Procedures Act or the Rules of Procedure for the Administrative Law Court, the provisions of the APA and the Rules of Procedure are controlling.
SECTION 22. Section 1-30-10(A) of the 1976 Code is amended to read:
"(A) There are hereby created, within the executive branch of the state government, the following departments:
1. Department of Agriculture
2. Department of Alcohol and Other Drug Abuse Services
3. Department of Commerce
4. Department of Corrections
5. Department of Disabilities and Special Needs
6. Department of Education
7. Department of Health and Environmental Control
8. Department of Health and Human Services
9. Department of Insurance
10. Department of Juvenile Justice
11. Department of Labor, Licensing, and Regulation
12. Department of Mental Health
13. Department of Natural Resources
14. Department of Parks, Recreation and Tourism
15. Department of Probation, Parole, and Pardon Services
16. Department of Public Safety
17. Department of Revenue
18. Department of Social Services
19. Department of Transportation
20. Department of Workforce"
SECTION 23. Section 2-20-10 of the 1976 Code is amended to read:
"Section 2-20-10. Except as otherwise provided in Sections 58-3-520 and, 58-3-530, 41-27-650, and 41-27-660, whenever an election is to be held by the General Assembly in joint session, except for members of the judiciary, a joint committee composed of eight members, four of whom must be members of the House of Representatives and four of whom must be members of the Senate, must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members are selected. Each joint committee shall meet as soon after its appointment as practicable and elect one of its members as chairman, one as secretary, and other officers as it considers desirable."
SECTION 24. Section 41-27-10 of the 1976 Code is amended to read:
"Section 41-27-10. Chapters 27 through 41 of this title shall be known and may be cited as the 'South Carolina Employment Security Law Department of Workforce'."
SECTION 25. Section 41-27-30 of the 1976 Code is amended to read:
"Section 41-27-30. Nothing in Chapters 27 through 41 of this title shall must be construed to cause the Commission Department of Workforce, Department of Workforce Review Committee, or the courts of this State in interpreting such these chapters to be bound by interpretations as to liability or nonliability of employers by Federal administrative agencies, nor is it the intent of the General Assembly to require an identical coverage of employers under such these chapters with that under coverage requirements pursuant to Section 3101 et seq. of the Federal Internal Revenue Code."
SECTION 26. Section 41-27-150 of the 1976 Code is amended to read:
"Section 41-27-150. 'Base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year; provided that. However, in the case of a combined wage claim filed by an individual in accord with an arrangement entered into by the Commission under Department of Workforce pursuant to the provision provisions of Section 41-29-140(2), the base period shall be is that applicable under provided by the law of the paying state."
SECTION 27. Section 41-27-160 of the 1976 Code is amended to read:
"Section 41-27-160. 'Benefit year' means the one-year period beginning with the day as of which an insured worker first files a request for determination of his insured status, and thereafter afterward the one-year period beginning with the day as of by which he next files such this request after the end of his last preceding 'benefit year'; provided, that in the case of a combined wage claim filed by an individual in accord with an arrangement entered into by the Commission under Department of Workforce pursuant to the provisions of Section 41-29-140(2), the benefit year shall be is that applicable under provided by the law of the paying state. The filing of a notice of unemployment shall be deemed is considered a request for determination of insured status if a current benefit year has not previously been established. Requests A request for determination of insured status shall must be made in accordance with such pursuant to regulations as the Commission may prescribe Department of Workforce prescribes."
SECTION 28. Section 41-27-210(11) of the 1976 Code is amended to read:
"(11) For purposes of paragraphs (2), (6), (7), and (8), employment shall include includes service which that would constitute employment but for the fact that such the service is deemed considered to be performed entirely within another state pursuant to an election under provided by an arrangement entered into in accordance with Section 41-27-550 by the commission Department of Workforce and an agency charged with the administration of any other another state or federal unemployment compensation law."
SECTION 29. Section 41-27-230(10) of the 1976 Code is amended to read:
"(10) Services A service not covered under item 7 of this section and performed entirely without this State, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other another state or of the federal government, shall be deemed to be is considered employment subject to Chapters 27 through 41 of this Title if the individual performing such services is a resident of this State and the Department of Workforce approves the election of the employing unit for whom such the services are performed that the entire service of such the individual shall be deemed to be is considered employment subject to Chapters 27 through 41 of this title."
SECTION 30. Section 41-27-235(C)(2) of the 1976 Code, as last amended by Act 170 of 2004, is further amended to read:
"(2) A Native American tribes tribe or tribal units unit that elect elects to pay benefits attributable to service in their employ but fail fails to reimburse the required payments payment, including an interest and penalty assessments assessment, within ninety days of the receipt of a bill, cause causes the Native American tribe to lose the option to make payments a payment in lieu of contributions a contribution for the following tax year unless payment in full is received before the contribution rates for the next year are computed. The commission Department of Workforce shall notify the United States Internal Revenue Service and the United States Office of Workforce of Labor of a tribe or tribal unit's failure to make a required payments payment within ninety days of a final notice of delinquency."
SECTION 31. Section 41-27-260 of the 1976 Code, as last amended by Act 306 of 2002, is further amended to read:
"Section 41-27-260. The term 'employment' as used in Chapters 27 through 41 of this title shall does not include:
(1) labor engaged in the seafood industry, which is defined as persons employed in the commercial netting, catching, and gathering of seafood, and the processing of such seafood for the fresh market;
(2) casual labor not in the course of the employing unit's trade or business;
(3) service performed by an individual in the employ of his son, daughter, or spouse and service performed by a child under the age of eighteen in the employ of his father or mother;
(4) service performed in the employ of the United States Government or any an instrumentality of the United States immune under the Constitution of the United States from the contributions imposed by Chapters 27 through 41 of this title, except that to the extent that the Congress of the United States shall permit permits states to require instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation act, all of the provisions of Chapters 27 through 41 of this title shall be are applicable to such those instrumentalities and to services performed for such those instrumentalities, in the same manner, to the same extent and on the same terms as to all other employers; provided, that if this State shall not be is not certified for any a year by the Secretary of Labor or his successors under the Federal Internal Revenue Code, the payments required of such those instrumentalities with respect to such year shall must be refunded by the commission Department of Workforce from the funds in the same manner and within the same period as is provided in Section 41-31-360 with respect to contributions erroneously collected;
(5) service performed after December 31, 1977, in the employ of a governmental entity referred to in Section 41-27-230(2)(b), if such the service is performed by an individual in the exercise of his duties; as:
(a) As an elected official or as the appointed successor of an elected official;
(b) As a member of a legislative body, or a member of the judiciary of a state or political subdivision;
(c) As a member of the State National Guard or Air National Guard;
(d) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or
(e) in a position which that, under or pursuant to the laws of this State, is designated as a major nontenured policymaking or advisory position, or a policymaking position the performance of the duties of which ordinarily does not require more than eight hours per week.;
(6) service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of Congress; provided, that the commission shall Department of Workforce must enter into agreements with the proper agencies under such act of Congress, which agreements shall become effective ten days after publication thereof of it in the manner provided in Section 41-29-130 for general rules, to provide reciprocal treatment to individuals who have after acquiring potential rights to benefits under Chapters 27 through 41 of this title, acquired rights to unemployment compensation under such act of Congress or who have, after acquiring potential rights to unemployment compensation under such act of Congress, acquired rights to benefits under Chapters 27 through 41 of this title;
(7) service other than service performed as defined in Section 41-27-230(3) performed in the employ of a corporation, community chest, fund or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which does not participate in, or intervene in (,including the publishing or distributing of statements), any a political campaign on behalf of any a candidate for public office, provided, that service performed in the employ of an organization operated for the primary purpose of carrying on a trade or business for profit shall may not be exempt on the ground that all of its profits are payable to one or more organizations exempt under this paragraph;
(8) service other than service performed as defined in Section 41-27-230(3) which that is performed in any a calendar quarter in the employ of any an organization exempt from federal income tax under Section 501(a) (other than an organization described in Section 401(a)) or under Section 521 of the Federal Internal Revenue Code of 1954, if the remuneration for such service is less than fifty dollars;
(9) the term 'employment' shall does not include:
(a) service performed in the employ of a school, college, or university, if such the service is performed by:
(i) by a student who is enrolled and is regularly attending classes at such the school, college or university,; or
(ii) by the spouse of such a student, if such the spouse is advised, at the time such the spouse commences to perform such the service that (I) the employment of such the spouse to perform such the service is provided under a program to provide financial assistance to such the student by such his school, college, or university, and (II) such the employment will is not be covered by any a program of unemployment insurance;
(b) service performed by an individual under the age of twenty-two who is enrolled at a nonprofit or public educational institution which that normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at such the institution, which combines academic instruction with work experience, if such the service is an integral part of such the program, and such the institution has so certified this to the employer, except that this subparagraph shall does not apply to service performed in a program established for or on behalf of an employer or group of employers;
(c) service performed in the employ of a hospital, if such the service is performed by a patient of the hospital, as defined in Section 41-27-280.;
(10) for the purposes of Section 41-27-230(2) and (3), 'employment' does not include service performed:
(a) in the direct employ of a church, convention, or association of churches or an organization operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church, convention, or association of churches; or
(b) by an ordained, a commissioned, or a licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by the order; or
(c) in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age, physical or mental deficiency, or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be absorbed readily in the competitive labor market by an individual receiving rehabilitation or remunerative work; or
(d) before January 1, 1978, for a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution and after December 31, 1977, by an inmate of a custodial or penal institution; or
(e) as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by a federal agency, an agency or political subdivision of a state, or an individual receiving work relief or work training, unless a federal law, rule, or regulation mandates unemployment insurance coverage to individuals in a particular work-relief or work-training program; or
(f) by an inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351.;
(11) service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;
(12) service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to state law, and service performed as an intern in the employ of a hospital by an individual who has completed a four years' four-year course in a medical school chartered and approved pursuant to state law;
(13) service performed by an individual for an employer as an insurance agent or as an insurance solicitor, if all such this service is performed by such the individual for such his employer is performed for remuneration solely by way of commission;
(14) service other than service performed as defined in Section 41-27-230(3) by an individual for an employer as a real estate salesman or agent, if all such this service is performed by such the individual for such his employer is performed for remuneration solely by way of commission;
(15) service performed in the employ of a foreign government, including service as a consular or other officer or employee or a nondiplomatic representative.;
(16) 'agricultural labor' as such term is defined by Section 41-27-120 and when performed by students who are enrolled and regularly attending classes for at least five months during a particular year at a secondary school or at an accredited college, university, or technical school and also when performed by part-time persons who do not qualify as students hereunder pursuant to this section but who at the conclusion of their agricultural labor would not qualify for any benefits under pursuant to the provisions of the South Carolina Employment Security Law. Department of Workforce;
(17) services service performed as a member of a Native American tribal council or services service in a fishing rights related activity of a Native American tribe by a member of such the tribe for another member of such the tribe or by a qualified Native American entity."
SECTION 32. Section 41-27-360 of the 1976 Code is amended to read:
"Section 41-27-360. 'Statewide average weekly wage' means the amount computed by the commission Department of Workforce as of July first of each year which shall be that is the aggregate amount of wages, (irrespective of the limitation on the amount of wages subject to contributions by reason of Section 41-27-380(2)), reported by employers as paid during the first four of the last six completed calendar quarters prior to such before this date, divided by a figure representing fifty-two times the twelve-month average of the number of employees in the pay period containing the twelfth day of each month during the same four calendar quarters as reported by such those employers."
SECTION 33. Section 41-27-380 of the 1976 Code is amended to read:
"Section 41-27-380. (1)(A) 'Wages' means all remuneration paid for personal services, including commissions and bonuses, any sums paid to an employee by an employer pursuant to an order of the National Labor Relations Board or by private agreement, consent, or arbitration for loss of pay by reason of discharge and cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration paid in any a medium other than cash is estimated and determined in accordance with pursuant to regulations prescribed by the commission Department of Workforce. 'Wages' includes all tip income, (including charged tips), which are received while performing services which constitute a service that constitutes employment and are included in a written statement furnished to the employer. 'Wages' does not include:
(a)(1) the amount of any a payment with respect to services performed in behalf of an individual in its employ underprovided by a plan or system established by an employing unit which makes provision for individuals in its employ generally or for a class or classes of individuals, (including any an amount paid by an employing unit for insurance or annuities or into a fund to provide for any such payment), on account because of:
(i)(a) retirement,
(ii)(b) sickness or accident disability,
(iii)(c) medical and hospitalization expenses in connection with sickness or accident disability, or
(iv)(d) death, provided the individual is in its employ has not the:
(A)(i) has not the option to receive, instead of provisions for death benefits, any part of payment or, if the death benefit is insured, any part of the premiums (or contributions to premiums) paid by his employing unit; and
(B)(ii) has not the right, under the provisions a provision of the plan, system, or policy of insurance providing for a death benefit, to assign the benefit or receive a cash consideration in lieu of the benefit either upon his withdrawal from the plan or system providing for the benefit or upon termination of the plan, system, or policy of insurance or of his services service with the employing unit.;
(b)(2) Any amounts an amount received from this State or the Federal Government by members a member of the South Carolina National Guard, the United States Naval Reserve, the Officers Reserve Corps, the Enlisted Reserve Corps, and the Reserve Corps of Marines as drill pay, including a longevity pay and allowances allowance.;
(c)(3) the payment by an employing unit, (without deduction from the remuneration of the individual in its employ), of the tax imposed upon an individual in its employ, under pursuant to Section 3101 of the Federal Internal Revenue Code, only if the service is agricultural labor or domestic service in a private home of the employer.;
(d)(4) Anya payment, (other than vacation pay or sick pay), made to an employee after the month in which he attains the age of sixty-five, if he did not work for the employer in the period for which payment is made.;
(e)(5) Anya remuneration paid in a medium other than cash for a service performed in an agricultural labor or domestic service.
(2) For the purpose of Chapter 31, Article 1, of this title, 'wages' does not include that part a portion of remuneration which that, after remuneration equal to seven thousand dollars has been paid in a calendar year to an individual by an employer or his predecessor or with respect to employment during any a calendar year, is paid to the individual by the employer during the calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund. For the purposes of this subsection, employment includes service constituting employment under any unemployment compensation law of another state."
SECTION 34. Section 41-27-390 of the 1976 Code is amended to read:
"Section 41-27-390. 'Week' means calendar week or such a period of seven consecutive days as that the commission may by Department of Workforce prescribes by regulation prescribe. The commission may Department of Workforce likewise may determine that a week shall be deemed to be is considered 'in', 'within', or 'during' that benefit year which includes the greater part of such that week."
SECTION 35. Section 41-27-550 of the 1976 Code is amended to read:
"Section 41-27-550. The commission Department of Workforce may enter into agreements with the appropriate agencies of other states or the Federal Government whereby individuals performing services in this and other States for a single employing unit under circumstances not specifically provided for in Section 41-27-230 or under similar provisions in the unemployment compensation laws of such other states shall be deemed to be engaged in employment performed entirely within this State or within one of such other states and whereby potential rights to benefits accumulative under the unemployment compensation laws of one or more states or under such the law of the Federal Government or both may constitute the basis for the payment of benefits through a single appropriate agency under terms which that the commission finds will be Department of Workforce considers fair and reasonable as to all affected interests and will not result in any a substantial loss to the fund, and the commission Department of Workforce may enter into agreements with appropriate agencies of other states or the Federal Government administering unemployment compensation laws to provide that contributions on wages for services performed by an individual in more than one state for the same employer may be paid to the appropriate agency of one state."
SECTION 36. Section 41-27-560 of the 1976 Code is amended to read:
"Section 41-27-560. No A report, communication, or any other such similar matter, either oral or written from an employee or employer to the other or to the commission Department of Workforce or any of its agents, representatives, or employees which shall have that has been written, sent, delivered, or made in connection with the requirements and the administration of Chapters 27 through 41 of this title shall must not be made the subject matter or basis of any a suit for slander or libel in any a court of the this State."
SECTION 37. Section 41-27-570 of the 1976 Code is amended to read:
"Section 41-27-570. In case of a suit to enjoin the collection of the contributions provided for in Chapters 27 through 41 of this title, to test the validity of such those chapters or for any other another purpose connected with its duties, the commission shall Department of Workforce must be made a party thereto to it and the Attorney General or counsel for the commission Department of Workforce shall defend such the suit in accordance with the provisions of Section 41-27-580."
SECTION 38. Section 41-27-580 of the 1976 Code is amended to read:
Section 41-27-580. In any a civil action to enforce the provisions of Chapters 27 through 41 of this title, the commission Department of Workforce and the State may be represented by any a qualified attorney who is employed by the commission Department of Workforce and is designated by it for this purpose or, at the commission's Department of Workforce's request, by the Attorney General."
SECTION 39. Section 41-27-600 of the 1976 Code is amended to read:
"Section 41-27-600. The commission Department of Workforce may compromise any a civil penalty or cause or of action arising under the provisions pursuant to a provision of Chapters 27 through 41 of this title instead of commencing suit thereon on them and may compromise any such the case after suit thereon has been commenced on it commences. In such these cases the commission Department of Workforce shall keep on file in its office the reasons for settlement by compromise,; together with a statement on the amount of contribution imposed,; the amount of additional contribution, penalty, or interest imposed by law in consequence of neglect or delinquency; and the amount actually paid in accordance with pursuant to the terms of the compromise."
SECTION 40. Section 41-27-610 of the 1976 Code is amended to read:
Section 41-27-610. The failure to do any an act required by or under the provisions pursuant to a provision of Chapters 27 through 41 of this title shall be deemed is considered an act committed in part at the office of the Commission Department of Workforce in Columbia."
SECTION 41. Section 41-27-620 of the 1976 Code is amended to read:
"Section 41-27-620. The certificate of the commission Department of Workforce to the effect that a contribution has not been paid, that a report has not been made, that information has not been furnished, or that records have not been produced or made available for inspection, as required under pursuant to Chapters 27 through 41 of this title, shall be is prima facie evidence thereof of the alleged action or omission."
SECTION 42. Section 41-27-630 of the 1976 Code is amended to read:
"Section 41-27-630. Benefits shall be deemed to be are considered due and payable under pursuant to Chapters 27 through 41 of this title only to the extent provided in such those chapters and to the extent that moneys are money is available therefor for them to the credit of the unemployment compensation fund and neither the State nor the commission shall Department of Workforce must be liable for any an amount in excess of such sums that sum."
SECTION 43. Section 41-29-40 of the 1976 Code is amended to read:
"Section 41-29-40. There are created under the Commission Department of Workforce two coordinate divisions, the South Carolina State Employment Service Division created pursuant to Section 41-5-10, and a division to be known as the Unemployment Compensation Division. Each division shall must be administered by a full-time salaried director, who shall be is subject to the supervision and direction of the commission Department of Workforce. The commission Department of Workforce may appoint, fix the compensation of, and prescribe the duties of the directors of said these divisions. Such These appointments shall must be made on a nonpartisan merit basis in accordance with the provisions of Section 41-29-90. The director of each division shall be responsible to the commission Director of the Department of Workforce for the administration of his particular respective division and shall have such powers has the power and authority as may be vested in him by the commission Director of the Department of Workforce."
SECTION 44. Section 41-29-50 of the 1976 Code is amended to read:
"Section 41-29-50. The commission Department of Workforce shall appoint a State statewide advisory council and may appoint local or industry advisory councils, composed in each case of equal numbers of employer representatives and employee representatives, who may fairly be regarded as representatives because of their vocation, employment or affiliations, and of such members representing the general public as the commission may designate Department of Workforce designates. Such councils A local council shall aid the commission Department of Workforce in formulating policies a policy and discussing problems relating to the administration of Chapters 27 through 41 of this title, and in assuring impartiality and freedom from political influence in the solution of such those problems. Such A local advisory councils shall council must serve without compensation, but shall must be reimbursed for any necessary expenses."
SECTION 45. Section 41-29-70 of the 1976 Code is amended to read:
"Section 41-29-70. Subject to the provisions of Chapters 27 through 41 of this title, the Commission Director of the Department of Workforce may appoint and fix the compensation (subject to the approval of the State Budget and Control Board unless otherwise provided by the General Assembly) and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons as may be others necessary in the performance of its to perform the Department of Workforce's duties under Chapters 27 through 41 of pursuant to this title."
SECTION 46. Section 41-29-80 of the 1976 Code is amended to read:
"Section 41-29-80. The Commission The Director of the Department of Workforce shall:
(1) classify all positions under Chapters 27 through 41 of this title, except those exempted by the Federal Social Security Act or regulations of the Secretary of Labor or his successors under authority thereof, of them; and
(2) shall establish salary schedules and minimum personnel standards. Such Those standards shall must conform to the minimum standards prescribed under the provisions of Section 303(a)(1) of the Federal Social Security Act, as amended."
SECTION 47. Section 41-29-100 of the 1976 Code is amended to read:
"Section 41-29-100. The Commission the Director of the Department of Workforce may delegate to any a person employed pursuant to Section 41-29-70 such a power and or authority as it deems considers reasonable and proper for the effective administration of Chapters 27 through 41 of this title, and may in its discretion bond any a person handling moneys or signing checks under such authorized to handle money or sign a check pursuant to these chapters."
SECTION 48. Section 41-29-110 of the 1976 Code is amended to read:
"Section 41-29-110. The Commission shall administer Chapters 27 through 41 of this Title and it Department of Workforce may adopt, amend, or rescind such rules and regulations a rule or regulation in Chapters 27 through 41 of this title, employ such persons a person, make such expenditures an expenditure, require such reports as area report not otherwise provided for in such these chapters, make such investigations and take such an investigation or take other action as it deems considers necessary or suitable to that end administer its duties and exercise its powers pursuant to this title."
SECTION 49. Section 41-29-120 of the 1976 Code, as last amended by Act 203 of 2002, is further amended to read:
"Section 41-29-120. (A)(1) The commission Department of Workforce, with the advice and aid of its advisory councils and through its appropriate divisions, shall take all appropriate steps to:
(a) reduce and prevent unemployment,;
(b) to encourage and assist in the adoption of adopting practical methods of vocational training, retraining, and vocational guidance,;
(c) to investigate, recommend, advise, and assist in the establishment and operation establishing and operating, by municipalities, counties, school districts a municipality, county, school district, and the State, of reserves for public works to be used in times of business depression and unemployment; and
(d) to promote the reemployment of unemployed workers throughout the State in every other way that may be is feasible. and to these ends
(2) While pursuing these goals, the Department of Workforce also shall carry on and publish the results of statistical surveys, investigations, and research studies.
(B) The commission Department of Workforce may require from an employing unit for the commission's Department of Workforce's cooperation with the Bureau of Labor Statistics of the United States Department of Labor or its successor agency the following reports the United States Bureau of Labor Statistics report to:
(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; and
(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 an entity employing more than twenty individuals."
SECTION 50. Section 41-29-130 of the 1976 Code, is amended to read:
"Section 41-29-130. (A) General and special rules may be adopted, amended or rescinded by the Commission only Department of Workforce after public hearing or opportunity to be heard thereon, of on them, and for which proper notice has been given. Such This notice shall must be given by mail to the secretaries of the various commercial, business and trade organizations of the State who keep on file with the Commission Department of Workforce their names and addresses for the purpose of receiving such these notices.
(B) A General rules shall become general rule becomes effective ten days after filing them it with the Secretary of State and publication in one or more newspapers of general circulation in this State.
(C) A Special rules shall become special rule becomes effective ten days after notification to or mailing to the last known address of the individuals or concerns affected thereby by it.
(D) A Regulations regulation may be adopted, amended, or rescinded by the Commission Department of Workforce and shall become becomes effective in the manner and at the time prescribed by the Commission Department of Workforce."
SECTION 51. Section 41-29-140 of the 1976 Code is amended to read:
"Section 41-29-140. The Commission Department of Workforce may enter into arrangements an arrangement with the appropriate agencies agency of other states another state or of the Federal Government with respect to the combination of wages, viz.:
(1) The Commission may enter into An agreement with the Federal Government whereby where wages or services, upon the basis of which an individual may become entitled to benefits under any an unemployment compensation law of the Federal Government, shall be deemed to be are considered wages for employment by employers an employer for the purpose of Sections 41-35-10 to 41-35-100; provided, such if the agency of the Federal Government has agreed agrees to reimburse the fund for such the portion of benefits paid under Chapters 27 through 41 of this title upon on the basis of such these wages or services as the Commission Department of Workforce finds will be fair and reasonable and the Commission Department of Workforce will reimburse such the agency of the Federal Government with such a reasonable portion of benefits paid under any law of the Federal Government upon on the basis of employment or wages for employment by employers as the Commission Department of Workforce finds will be fair and reasonable to all affected interests.
(2) The Commission Department of Workforce shall participate in any arrangements an arrangement for the payment of compensation on the basis of combining an individual's wages and employment covered under Chapters 27 through 41 of this Title with his wages and employment covered under the unemployment compensation laws of other states which are law of another state approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such those situations and which include that includes provisions for:
(a) applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws, and
(b) avoiding the duplicate use of wages and employment by reason of such this combining.
(3) Reimbursement so payable shall be deemed to be benefits This reimbursement is considered a benefit for the purpose of Section 41-35-50 and Article 1, of Chapter 33 of this title. The Commission Department of Workforce may make to other another state or Federal agencies agency and receive from such another state or Federal agencies reimbursements agency reimbursement from or to the fund, in accordance with arrangements an arrangement made pursuant to this section."
SECTION 52. Section 41-29-150 of the 1976 Code is amended to read:
"Section 41-29-150. Each An employing unit shall must keep true and accurate work records, containing such information as the Commission may prescribe Department of Workforce prescribes. Such These records shall must be open to inspection and be subject to being copied by the Commission Department of Workforce or its authorized representatives representative at any a reasonable time and as often as may be necessary. The Commission Department of Workforce and the chairman of any an appeal tribunal may require from any an employing unit any a sworn or unsworn report with respect to persons employed by it which that he or it deems considers necessary for the effective administration of Chapters 27 through 41 of this title. Information thus obtained, in this manner or obtained from an individual pursuant to the administration of such these chapters, shall, except to the extent necessary for the proper administration of such chapters, shall be held confidential and shall may not be published or be open to public inspection, other than to the public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity, but any. However, a claimant or his legal representative at a hearing before an appeal tribunal shall must be supplied with information from such these records to the extent necessary for the proper presentation of his claim. Any An employee or member of the Commission Department of Workforce, or member of the Department of Workforce Appellate Panel who violates any a provision of this section shall must be fined not less than twenty dollars nor or more than two hundred dollars, or imprisoned for not longer than ninety days, or both."
SECTION 53. Section 41-29-170 of the 1976 Code, as last amended by Act 203 of 2002, is further amended to read:
"Section 41-29-170. (A) A claimant or a claimant's his legal representative must be supplied with information from the records, to the extent necessary for the proper presentation of the his claim in any a proceeding under pursuant to Chapters 27 through 41, subject to restrictions the commission Department of Workforce may prescribe by regulation prescribe.
(B)(1) Upon written request, the commission Department of Workforce 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 a covered worker or recipient of benefits and the recipient's rights to further additional benefits under pursuant to Chapters 27 through 41, to:
(1)(a) an agency or agent of the United States charged with the administration of public works or assistance through public employment;
(2)(b) a state agency similarly charged; or and
(3)(c) an agency or entity to which disclosure is permitted or required by federal statute or regulation or by state law.
(2) This disclosure must be made is subject to restrictions the commission Department of Workforce may prescribe by regulation prescribe.
(C)(1) The State Employment Office shall must furnish, upon request of a public agency administering the Temporary Assistance to Needy Families (TANF) and or child support programs, a state agency administering food stamp coupons, the a state or federal agency administering the new hire directory, or any a public housing authority, any information in its possession relating to:
(1)(a) individuals an individual who are is receiving, have has received, or have has applied for unemployment insurance;
(2)(b) the amount of benefits being received;
(3)(c) the current home address of these individuals;
(4)(d) whether any an offer of work has been refused and, if so, a description of the job and the terms, conditions, and rate of pay;
(5)(e) 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)(f) in the case of requests from the state or federal agency which that 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 Department of Workforce for actual costs incurred in supplying the information. This information must be provided in the most useful and economical format possible."
SECTION 54. Section 41-29-180 of the 1976 Code is amended to read:
"Section 41-29-180. The Commission Department of Workforce shall endeavor, both for the relief of the clerical work of employers and its own office, to confine reporting to the minimum necessary for the proper administration of the law, and, except for necessary separation, low earnings, special reports or notices, or wage and employment reports required under pursuant to Section 41-29-140, it shall not require reports as to the earnings of individual employees more frequently than quarterly."
SECTION 55. Section 41-29-190 of the 1976 Code is amended to read:
"Section 41-29-190. In the discharge of the duties imposed by Chapters 27 through 41 of this title, the Commission Department of Workforce, the Department of workforce Appellate Panel, or any a duly authorized representative thereof as designated by its rules of it may administer oaths and affirmations an oath and affirmation, take depositions a deposition, certify to an official acts act and issue subpoenas a subpoena to compel the attendance of witnesses a witness and the production of books, papers, correspondence, memoranda and other records deemed considered necessary as evidence in connection with a disputed claim or the administration of such chapters 27 through 41 of this title."
SECTION 56. Section 41-29-200 of the 1976 Code is amended to read:
"Section 49-21-200. No A person shall must not be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the Commission State Department of Workforce Review Committee, the Department of Workforce, the Department of Workforce Appellate Panel, or an appeal tribunal, or any their duly authorized representative of either of them or in obedience to the subpoena of either of them in any a cause or proceeding before the Commission State Department of Workforce Review Committee, the Department of Workforce, the Department of Workforce Appellate Panel, or an appeal tribunal on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no An individual shall must not be prosecuted or subjected to any a penalty or forfeiture for or on account of any a transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise, except that such the individual so testifying shall must not be exempt from prosecution and punishment for perjury committed in so testifying."
SECTION 57. Section 41-29-210 of the 1976 Code is amended to read:
"Section 41-29-210. (1) In case of contumacy by any a person or refusal to obey a subpoena issued to any a person, any a court of this State or judge thereof of this State within the jurisdiction of which such the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the Commission Department of Workforce, the Department of Workforce Appellate Panel, or any a duly authorized representative may issue to such person him an order requiring him to appear before the Commission Department of Workforce, the Department of Workforce Appellate Panel, or any a duly authorized representative thereof the Department of Workforce, or the Department of Workforce Appellate Panel to produce evidence if so ordered to do so or to give testimony touching the matter under investigation or in question. Any Failure to obey an order of the court may be punished as a contempt thereof of the order.
(2) Any A person who shall, without just cause, fail or refuse fails or refuses to attend and testify,; to answer any a lawful inquiry; or to produce books, papers, correspondence, memoranda and other records, if it is in his power to do so this in accordance with a subpoena of the Commission Department of Workforce, the Department of Workforce Appellate Panel, or any a duly authorized representative shall must be punished by a fine of not less than twenty nor more than two hundred dollars or by imprisonment for not more than thirty days. Each failure to obey a subpoena shall constitute constitutes a separate offense."
SECTION 58. Section 41-29-220 of the 1976 Code is amended to read:
"Section 41-29-220. The Commission Department of Workforce, or the Department of Workforce Appellate Panel may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any a return or report of any a national banking association rendered pursuant to the provisions of Chapters 27 through 41 of this title, and may in connection with such this request transmit any such this report or return it to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Federal Internal Revenue Code."
SECTION 59. Section 41-29-230 of the 1976 Code is amended to read:
"Section 41-29-230. (1) In the administration of Chapters 27 through 41 of this title, the Commission shall Department of Workforce must cooperate with the United States Secretary of Labor to the fullest extent consistent with the provisions of such these chapters, and shall take such action act, through the adoption of appropriate rules, regulations, administrative methods and standards, as may be necessary to secure to this State and its citizens all advantages available under the provisions of the Social Security Act that relate to unemployment compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment Compensation Act of 1970.
(2) In the administration of the provisions in Chapter 35, Article 3 of this Title, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the Commission shall take such action as may be Department of Workforce and the Department of Workforce Appellate Panel must act as necessary to:
(a) to ensure that the provisions are so interpreted and applied as to meet the requirements of such those Federal act as interpreted by the United States Secretary of Labor,; and
(b) to secure to this State the full reimbursement of the Federal share of extended benefits paid under pursuant to this title that are reimbursable under the Federal act."
SECTION 60. Section 41-29-240 of the 1976 Code is amended to read:
"Section 41-29-240. The Commission Department of Workforce and the Department of Workforce Appellate Panel may make the State's record relating to the administration of Chapters 27 through 41 of this title available to the Railroad Retirement Board and may furnish the Railroad Retirement Board, at the board's expense of such Board, such copies thereof of this record as the Railroad Retirement Board deems considers necessary for its purposes. The Commission Department of Workforce and the Department of Workforce Appellate Panels may afford reasonable cooperation with every an agency of the United States charged with the administration of an unemployment insurance law."
SECTION 61. Section 41-29-250 of the 1976 Code is amended to read:
"Section 41-29-250. The commission shall cause to be printed for distribution to the public the text of Chapters 27 through 41 of this Title, the Commission's regulations, its general and special rules, its annual reports to the Governor and General Assembly and any other material the Commission deems relevant and suitable and shall furnish such material to any person upon application therefor. The Department of Workforce must:
(A) print and make available for public distribution the text of Chapters 27 through 41 of this title and its:
(1) regulations;
(2) general rules;
(3) special rules;
(4) annual reports to the Governor and General Assembly; and
(5) other material the Department of Workforce considers relevant and suitable.
(B) Furnish this material to a person on request."
SECTION 62. Section 41-29-270 of the 1976 Code is amended to read:
"Section 41-29-270. Notwithstanding the provisions of Chapters 27 through 41 of this title, the Commission Department of Workforce may issue such regulations as deemed regulations it considers necessary for the operation of an emergency unemployment compensation system in the event of an enemy attack which that disrupts or endangers the usual procedures or facilities of the Commission Department of Workforce."
SECTION 63. Section 41-29-280 of the 1976 Code is amended to read:
"Section 41-29-280. Not later than the fifteenth day of January of each year the Commission annually, the Department of Workforce shall submit to the Governor, the Department of Workforce Review Committee, and to the General Assembly a report covering the administration and operation of Chapters 27 through 41 of this Title during the preceding fiscal year and shall make such recommendations for amendments to such these chapters as the Commission deems Department of Workforce considers proper. Such These reports shall must include a balance sheet of the moneys money in the fund in which there shall must be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserves shall must be set up by the Commission Department of Workforce in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period."
SECTION 64. Section 41-29-290 of the 1976 Code is amended to read:
"Section 41-29-290. Whenever the Commission When the Department of Workforce believes that a change in contribution or benefit rates will become is necessary to protect the solvency of the fund, it shall promptly so must inform the Governor, the Department of Workforce Review Committee, and the General Assembly of this information and make recommendations with respect thereto regarding it."
SECTION 65. Section 41-33-10 of the 1976 Code is amended to read:
"Section 41-33-10. There is established a special fund, to be known as the unemployment compensation fund, which shall must be administered separate and apart from all public moneys or funds of the State. This fund shall must consist of:
(1) All contributions and payments in lieu of contributions collected under Chapters 27 through 41 of this title;
(2) interest earned upon on any moneys money in the fund;
(3) Any property or securities acquired through the use of moneys money belonging to the fund;
(4) All earnings of such those property or securities;
(5) All money credited to this State's account in the unemployment trust fund pursuant to Section 903 of the Social Security Act, as amended;
(6) All money received from the Federal Government as reimbursements pursuant to Section 204 of the Federal-State Extended Compensation Act of 1970; and
(7) All money received for the fund from any other another source. All Money in the fund shall must be comingled and undivided."
SECTION 66. Section 41-33-20 of the 1976 Code is amended to read:
"Section 41-33-20. Subject to the provisions of Chapter 27 through 41 of this title, the Commission Department of Workforce is invested with the full power, authority, and jurisdiction over the fund, including all moneys and money, property or, and securities belonging thereto to it, and may perform any and all acts, whether or not herein specifically designated in this title, which are necessary or convenient in the administration thereof of this title consistent with the provisions of such those Chapters."
SECTION 67. Section 41-33-30 of the 1976 Code is amended to read:
"Section 41-33-30. The State Treasurer shall be is ex officio treasurer and custodian of the fund and he shall administer the fund in accordance with it pursuant to the directions of the Commission Department of Workforce and shall issue his warrants upon it in accordance with such pursuant to regulations as the Commission shall prescribe Department of Workforce prescribes.
SECTION 68. Section 41-33-40 of the 1976 Code is amended to
read:
"Section 41-33-40. All moneys money in the fund shall must be mingled and undivided, but the State Treasurer shall maintain within the fund three separate accounts:
(a) A a clearing account,;
(b) an unemployment trust fund account; and
(c) a benefit account.
All moneys money payable to the fund shall, upon receipt thereof of the money by the Commission Department of Workforce, must be forwarded to the State Treasurer who shall immediately shall credit them it to the clearing account."
SECTION 69. Section 41-33-45 of the 1976 Code, as added by Act 76 of 1999, is amended to read:
"Section 41-33-45. The commission Department of Workforce shall report, by October first of each year, to the Review committee, the Senate Finance Committee and to the House Ways and Means Committee the amount in the unemployment trust fund and make an assessment of its funding level."
SECTION 70. Section 41-33-80 of the 1976 Code, as last amended by Act 306 of 2002, is further amended to read:
"Section 41-33-80. Except as provided in Section 41-33-180, monies money must be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits or refunds pursuant to Section 41-31-360 or item (6) of Section 41-27-260 and in accordance with regulations prescribed by the commission, Department of Workforce; except that money credited to this account pursuant to Section 903 of the Social Security Act, as amended, must be used exclusively as provided in Sections 41-33-130 to 41-33-160."
SECTION 71. Section 41-33-90 of the 1976 Code is amended to read:
"Section 41-33-90. The Commission Department of Workforce shall from time to time issue its requisition for a lump sum amount for the payment of benefits or refunds upon the Comptroller General who shall draw his warrant on the State Treasurer in the form provided by law. The Treasurer shall pay such this amount to the Commission Department of Workforce by a check drawn on the benefit account, notwithstanding any provisions of law in this State relating to deposit, administration, release and disbursement of moneys money in the possession or custody of this State to the contrary notwithstanding. The Commission Department of Workforce in requisitioning lump sum withdrawals from the State Treasurer for the payment of individual benefit claims shall not exceed in any event the balance of funds in the benefit account, and such the requisition shall must be in an amount estimated to be necessary for benefit payments for such a period as that the Commission Department of Workforce may by regulation prescribe by regulation."
SECTION 72. Section 41-33-100 of the 1976 Code is amended to read:
"Section 41-33-100. Such lump sum amounts when received by the Commission Department of Workforce from the State Treasurer shall must be immediately deposited by the Commission Department of Workforce in a benefit payment account maintained in the name of the Commission Department of Workforce in such that bank or public depository and under such conditions as the Commission Department of Workforce determines necessary. Such The bank or public depository shall must be one in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund or benefit payment account. The Commission Department of Workforce shall require of such the bank or depository as it may select selects as the depository of the benefit payment account security in an amount equal to the amount on deposit at any time. Such This security shall must consist of securities or a surety bond as required by law of depositories of state funds."
SECTION 73. Section 41-33-110 of the 1976 Code is amended to read:
"Section 41-33-110. The Commission Department of Workforce shall delegate to designated representatives the authority to sign checks on the benefit payment account and the signature of one of such the designated representatives shall must be required on each such check. The Commission Department of Workforce shall require each such representative to give a bond in such an amount as the Commission shall determine Department of Workforce determines for his faithful performance of his duties in connection with the benefit payment account in such a form as may be prescribed by law or approved by the Attorney General. Premiums for such these bonds shall must be paid from the unemployment compensation administration fund. Any A duly authorized representative of the Commission Department of Workforce may draw and issue its checks on the benefit payment account for the payment of individual benefit claims."
SECTION 74. Section 41-33-120 of the 1976 Code is amended to read:
"Section 41-33-120. Refunds A refund payable pursuant to Section 41-31-360 or item (6) of Section 41-27-260 may be paid from the clearing or benefit accounts upon requisition by the Commission Department of Workforce to the Comptroller General, who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay them the refund from such the proper account."
SECTION 75. Section 41-33-130 of the 1976 Code is amended to read:
"Section 41-33-130. Expenditures of moneys An expenditure of money in the benefit account and refunds a refund from the clearing account shall must not be subject to any provisions a provision of law requiring a specific appropriations appropriation or other formal release by state officers departments of money in their custody. All warrants A warrant issued for the payment of benefits and refunds shall a refund must bear the signature of the Commission Department of Workforce or a duly authorized agent for that purpose"
SECTION 76. Section 41-33-170 of the 1976 Code is amended to read:
"Section 41-33-170. Any A balance of moneys money requisitioned from the unemployment trust fund under Section 41-33-80 which remains unclaimed or unpaid in the benefit account and the benefit payment account after the expiration of the period for which such those sums were requisitioned shall either must be deducted from estimates an estimate for, and may be utilized used for the payment of, benefits during a succeeding periods period or, in the discretion of the Commission, shall Department of Workforce, must be redeposited with the Secretary of the Treasury of the United States to the credit of this State's account in the unemployment trust fund, as provided in Section 41-33-50."
SECTION 77. Section 41-33-180 of the 1976 Code is amended to read:
"Section 41-33-180. Moneys may also Money also may be requisitioned from this State's account in the unemployment trust fund for the payment of benefits under any an unemployment compensation, unemployment insurance, or unemployment benefit law administered by a bureau, Department of Workforce, division, agency, or instrumentality of the United States to which the Commission Department of Workforce has made available its personnel and facilities for the taking, processing, determination, and paying of claims under the authority of pursuant to Section 41-29-230. But no moneys Money may not be drawn from the unemployment trust fund for the purpose of paying benefits for or on behalf of the United States unless a provision be first is made by law, agreement, or contract for the reimbursement thereof of the money by the bureau, Department of Workforce, division, agency, or instrumentality of the United States for or on behalf of which such the benefits have been paid."
SECTION 78. Section 41-33-190 of the 1976 Code is amended to read:
"Section 41-33-190. The Commission Department of Workforce may establish bank accounts other than the benefit payment account and deposit therein moneys in them money requisitioned from the unemployment trust fund for the payment of benefits for or on behalf of the United States as provided in Section 41-33-180. All provisions of this article governing the deposit, administration, mode of check signing, and safeguarding of the benefit payment account shall must apply to any accounts an account established by the Commission Department of Workforce under the authority of this section."
SECTION 79. Section 41-33-200 of the 1976 Code is amended to read:
"Section 41-33-200. Any A balance of moneys money requisitioned from the unemployment trust fund under Section 41-33-180 which remains unclaimed or not disbursed in such account or those accounts after the expiration of the period for which such the sums were requisitioned shall either must be deducted from estimates for, and utilized used in the payment of, benefits during succeeding periods or, in the discretion of the Commission, shall Department of Workforce, must be redeposited with the Secretary of the Treasury of the United States to the credit of this State's account in the unemployment trust fund, as provided in Section 41-33-50."
SECTION 80. Section 41-33-210 of the 1976 Code is amended to read:
"Section 41-33-210. The provisions of this article to the extent that they relate to the unemployment trust fund shall must be operative only so long as the Secretary of the Treasury of the United States continues to maintain for this State a separate book account of all funds deposited therein in the trust fund by this State for benefit purposes, together with this State's proportionate share of the earnings of such the unemployment trust fund, from which no other State is permitted to make withdrawals. If and when such the unemployment trust fund ceases to exist or such a separate book account is no longer maintained, all moneys money, properties, or securities therein in the trust fund belonging to the unemployment compensation fund of this State shall must be transferred to the treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit, and release such moneys the money, properties, or securities in a manner approved by the Commission Department of Workforce in accordance with the provisions of Chapters 27 through 41 of this title. But such moneys shall This money must be invested only in the readily marketable bonds or other interest bearing obligations of the United States or of this State or a political subdivision thereof of this State and such these investments shall at all times must be so made so that all the assets of the fund shall always must be readily convertible into cash when needed for the payment of benefits. The treasurer shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the Commission Department of Workforce in accordance with the purposes and provisions of Chapters 27 through 41 of this title."
SECTION 81. Section 41-33-460 of the 1976 Code is amended to read:
"Section 41-33-460. If any Money in the employment security administration fund, paid to this State under Title III of the Social Security Act, and the Wagner-Peyser Act, is found by the Secretary of Labor, or his successors, because of any an action or contingency, to have been lost or to have been expended for purposes a purpose other than, or in amounts an amount in excess of, those found necessary by the Secretary of Labor, or his successors, for the proper administration of the employment security program, it is the policy of this State that such the money shall must be replaced by money appropriated for such purposes this purpose from the general funds of this State to the employment security administration fund for expenditures as provided in Section 41-33-430. But Funds which that have been expended by the Commission Department of Workforce or its agents in accordance with pursuant to a budget approved by the Secretary of Labor, or his successors, or in accordance with pursuant to the general standards and limitations promulgated by the Secretary of Labor, or his successors, prior to such before this expenditure, when proposed expenditures have not been specifically disapproved by the Secretary of Labor or his successors, shall must not be deemed considered to require replacement."
SECTION 82. Section 41-33-470 of the 1976 Code is amended to read:
"Section 41-33-470. The Commission Department of Workforce shall report to the State Budget and Control Board in the same manner as is required generally for the submission of financial requirements for the ensuing year and the board shall include in its request for general appropriations presented to the General Assembly at its next regular session a statement of the amounts required for any replacement required by Section 41-33-460."
SECTION 83. Section 41-33-710 of the 1976 Code is amended to read:
"Section 41-33-710. (a)(A) There is created in the State Treasury a special fund to be known as the employment security administrative contingency fund, which consists of all assessments collected pursuant to Section 41-27-410. All Money in the employment security administrative contingency fund must be deposited, administered, and disbursed in accordance with the provisions of Section 41-33-420 applicable to the employment security administration fund.
(b)(B) All monies which are Money deposited in the employment security administrative contingency fund are is appropriate and made available to the commission Department of Workforce. All monies Money in the fund must be expended to:
(1) assist with the reemployment of unemployed workers using the most efficient and effective means of service delivery;
(2) undertake any a program or activity which that furthers the goal of the Employment Security Commission Department of Workforce as provided for in Chapter 42 of this title;
(3) supplement basic employment security services, with special job search and claimant placement assistance designed to assist unemployment insurance claimants to obtain employment;
(4) provide employment services, such as like recruitment, screening, and referral of qualified workers, to agricultural areas where those services have in the past contributed to positive economic conditions for the agricultural industry; and
(5) provide otherwise unobtainable information and analysis to the legislature and program managers about issues related to employment and unemployment.
(C) Any balances A balance in the fund dodoes not lapse at any time, but are is continuously available to the commission Department of Workforce for expenditure consistent with Chapter 42 of this title. The commission shall Department of Workforce must issue its requisition approved by the chairman its director or any his designated member, officer, or agent for the purpose purposes set forth herein in this section to the Comptroller General who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the employment security administrative contingency fund."
SECTION 84. Section 41-35-30 of the 1976 Code is amended to read:
"Section 41-35-30. (A) When benefits due an individual have been unpaid at the time of death and the estate of such the individual has not been administered upon in the probate court within sixty days after the time of death, the Commission Department of Workforce may pay such the benefit amounts as the deceased may have been entitled to:
(1) To the surviving wife or husband and, if there be is none;
(2) To the minor children and, if there be are none;
(3) To the adult children and, if there be are none;
(4) To the parents of the deceased and, if there be are none;
(5) To any a person or persons who were dependent upon on the deceased.
(B) And, If there be is no person within the foregoing those classifications, the payments due the deceased shall must lapse and revert into to the unemployment trust fund.
(C) Payment to any a responsible adult with whom minor children are making their home, upon a written pledge to use such the payment for the benefit of such these minors, will be is considered proper and legal payment to such the minor children without the requirement of formal appointment of a guardian."
SECTION 85. Section 41-35-100 of the 1976 Code is amended to read:
"Section 41-35-100. The Commission shall Department of Workforce must pass such regulations as may be necessary to preserve the benefit rights of individuals who have volunteered or enlisted volunteer, enlist, or who have been are called or drafted into any a branch of the military, or naval service, or any an organization affiliated with the defense of the United States or this State. Such These regulations shall, with respect to such these individuals, must supersede any an inconsistent provisions provision of Chapters 27 through 41 of this title, but so far as where practicable shall must secure results reasonably similar to those provided in the analogous provisions of such these chapters."
SECTION 86. Section 41-35-115 of the 1976 Code, as last amended by Act 21 of 1993, is further amended to read:
"Section 41-35-115. Notwithstanding any other another provision of law, no an individual otherwise eligible for benefits shall may not be denied benefits with respect to any a week in which he is required by law to appear in court as a witness or to serve as a juror. However, an unemployment benefits received by a person pursuant to Chapters 27 through 41 of this title must be reduced by any per diem received for service as a juror. The commission shall Department of Workforce must promulgate regulations necessary to implement the provisions of this section."
SECTION 87. Section 41-35-125 of the 1976 Code, as added by Act 50 of 2005, is amended to read:
"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 Department of Workforce 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 Department of Workforce must 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 Department of Workforce pursuant to this section must be kept confidential unless consent for disclosure is given, in writing, by the individual."
SECTION 88. Section 41-35-126 of the 1976 Code. as added by Act 67 of 2007, is amended to read:
"Section 41-35-126. Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the commission Department of Workforce finds that the individual has left work voluntarily to relocate because of the transfer of a spouse who has been reassigned from one military assignment to another, provided that the separation from employment occurs within fifteen days of the scheduled relocation date."
SECTION 89. Section 41-35-130 of the 1976 Code, as last amended by Act 67 of 2007, is further amended to read:
"Section 41-35-130. (a)(A) Benefits paid to any a claimant for unemployment immediately after the expiration of disqualification for:
(1) voluntarily leaving his most recent work without good cause,;
(2) discharge from his most recent work for misconduct; or,
(3) refusal of suitable work without good cause shall must not be charged to the account of any an employer.
(b)(B) Benefits paid to any a claimant shall must not be charged against the account of any an employer by reason of the provisions of this subparagraph only if the Commission Department of Workforce determines under Section 41-35-120 that such the individual:
(1) voluntarily left his most recent employment with that employer without good cause,;
(2) was discharged from his most recent employment with that employer for misconduct connected with his work,; or
(3) subsequent to his most recent employment refused without good cause to accept an offer of suitable work made by that employer if, in any such case, such the employer furnishes the Commission Department of Workforce with such those notices regarding the separation of the individual from work or the refusal of the individual to accept an offer of work as are or may be required by the law and the regulations of the Commission Department of Workforce.
(c)(C) If benefits are paid pursuant to a decision which that is finally reversed in subsequent proceedings with respect thereto to it, no an employer's account shall must not be charged with benefits so paid.
(d)(D) Any Benefits paid to any a claimant for a week in which he is in training with the approval of the Commission shall Department of Workforce must not be charged to any an employer.
(e)(E) The provisions of paragraphs (a) subsections (A) through (d)(D), all inclusive, hereof with respect to the noncharging of benefits paid shall must be applicable only to those employers an employer subject to the payment of contributions.
(f)(F) Benefits paid to a claimant during an extended benefit period as defined in Chapter 35, Article 3, shall must not be charged to any an employer; provided, however, except that any a non-profit organization electing to become liable for payments in lieu of contributions in accord with Section 41-31-620 shall be required to must reimburse fifty percent of extended benefits attributable to services performed in its employ and provided, further, that after January 1, 1979, the State or any a political subdivision or any instrumentality thereof of it as defined in Section 41-27-230(2)(b) electing to become liable for payment in lieu of contributions in accord with Section 41-31-620 shall be required to must reimburse all extended benefits attributable to services performed in its employ.
(g)(G) Any A nonprofit organization which that elects to make payments a payment in lieu of contributions into a contribution to the unemployment compensation fund as provided in Section 41-31-620(2) or Section 41-31-810 shall not be is not liable to make such those payments with respect to the benefits paid to any an individual whose base period wages include wages for previously uncovered services as defined in Section 41-35-65 to the extent that the unemployment compensation fund is reimbursed for such those benefits pursuant to Section 121 of P.L. 94-566.
(h)(H) Benefits paid to any an individual whose base period wages include wages for previously uncovered services as defined in Section 41-35-65 shall must not be charged against the account of any an employer to the extent that the unemployment compensation fund is reimbursed for such those benefits pursuant to Section 121 of P.L. 94-566.
(i)(I) Benefits paid to an individual pursuant to Section 41-35-125 must not be charged to the account of a contributing employer.
(j)(J) Benefits paid to an individual pursuant to Section 41-35-126 must not be charged to the account of a contributing employer."
SECTION 90. Section 41-35-140 of the 1976 Code is amended to read:
"Section 41-35-140. (a)(A) The commission Department of Workforce may require an individual filing a new claim for unemployment compensation to disclose, at the time of filing the claim, whether or not the individual he owes child support obligations as defined under subsection (g)(G), or, pursuant to an agreement between the commission Department of Workforce and the state or local child support enforcement agency, the state or local child support enforcement agency must notify the commission Department of Workforce whether a particular individual who has filed a new or continued claim for unemployment compensation, at the time of filing the claim, owes child support obligations, or if the state or local child support enforcement agency advises the commission Department of Workforce that the individual owes child support obligations and the individual is determined to be eligible for unemployment compensation, the commission Department of Workforce must notify the state or local child support enforcement agency enforcing the obligations that the individual has been determined to be eligible for unemployment compensation.
(b)(B) The commission Department of Workforce must deduct and withhold from any unemployment compensation payable to an individual who owes a child support obligations obligation as defined under subsection (g)(G):
(1) the amount specified by the individual to the commission Department of Workforce to be deducted and withheld under this section, if neither (2) nor (3) of this subsection (b)(B) is applicable;
(2) the amount, if any, determined pursuant to an agreement submitted to the commission Department of Workforce under Section 454 (20)(B)(i) of the Social Security Act by the state or local child support enforcement agency unless (3) is applicable; or
(3) Any An amount otherwise required to be deducted and withheld from unemployment compensation pursuant to legal process, as that term is defined in Section 462(e) of the Social Security Act properly served upon the commission Department of Workforce.
(c)(C) Any An amount deducted and withheld under subsection (b)(B) must be paid by the commission Department of Workforce to the appropriate state or local child support enforcement agency.
(d)(D) Any An amount deducted and withheld under subsection (b)(B) must for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations obligation.
(e)(E) For purposes of subsections (a)(A) through (b)(B), the term 'unemployment compensation' means any compensation payable under this act, including amounts payable by the commission Department of Workforce pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to concerning unemployment.
(f)(F) This section applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the commission Department of Workforce under this section which are by the state or local child support enforcement agency.
(g)(G) The term 'child support obligations' is defined obligation' means for purposes of these provisions, as attributable to a child support obligations being obligation enforced including only obligations which are being an obligation enforced pursuant to a plan described in Section 454 of the Social Security Act which has been and approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.
(h)(H) The term 'state or local child support enforcement agency' as used in these provisions means any an agency of this State or a political subdivision of this State operating pursuant to a plan described in subsection (g)(G).
(i)(I) This section is effective for all weeks commencing on or after October 1, 1982."
SECTION 91. Article 3, Chapter 35, Title 41 of the 1976 Code is amended to read:
"Section 41-35-320. (1) For a week in which one hundred percent federal sharing funding is available, there is an 'on' indicator for a week:
(a) beginning after March 7, 2009; and
(b) ending four weeks before the last week of unemployment for which one hundred percent federal sharing is available under Section 2005(a) of Public Law No. 111-5, or an amendment of this provision, without regard to the extension of federal sharing for certain claims as provided under Section 2005(c) of this law.
(2) There is a state 'on' indicator for this State for a week in which the United States Secretary of Labor determines that for the period consisting of the most recent three months, the rate of total unemployment, seasonally adjusted, equaled or exceeded six and a half percent, and the average rate of total unemployment for the State, seasonally adjusted, as determined by the United States Secretary of Labor for this period equals or exceeds one hundred ten percent of the average unemployment for the State for either or both of the corresponding three-month periods ending in the two preceding calendar years.
(3)(a) Effective with respect to weeks beginning in a 'high unemployment period', Section 41-35-440 must be applied by substituting:
(i) 'eighty percent' for 'fifty percent' in item (1)(a) of that section; and
(ii) 'twenty' for 'thirteen' in item (1)(b) of that section.
(b) For the purpose of this section, a 'high unemployment period' exists during a period in which an extended benefit period would be in effect by substituting 'eight percent' for 'six and a half percent' in subsection (2).
(4) There is a state 'off' indicator for the purpose of this section when a condition of subsection (2) is not satisfied.
(5) Notwithstanding a provision of Section 41-35-380, an individual's 'eligibility period' must include an eligibility period provided in Section 2005(b) of Public Law 111-5 and an amendment of this provision.
(6) The commission department shall implement procedures to allow retroactive claims, but these procedures must conform to conditions of federal funding."
SECTION 92. Section 41-35-330 of the 1976 Code is amended to read:
"Section-41-35-330. (1)(A) There is a 'state 'on' indicator' for this State for a week if the commission Department of Workforce determines, in accordance with pursuant to the regulations of the U. S. Secretary of Labor, that for the period consisting of such that week and the immediately preceding twelve weeks the rate of insured unemployment, (not seasonally adjusted), under Chapters 27 through 41 of this title:
(a)(1) equaled or exceeded one hundred twenty percent of the average of such those rates for the corresponding thirteen week period ending in each of the preceding two calendar years,; and
(b)(2) equaled or exceeded five percent. With respect to benefits for weeks of unemployment beginning after July 1, 1977, the determination of whether there has been a 'state 'on' or 'off' indicator' for this State beginning or ending any an extended benefit period must be made under this section as if:
(i)(a) paragraph (1) subsection (A) did not contain subparagraph (a) item (1); and
(ii)(b) the word 'five' contained in subparagraph (b) thereof item (2) of this subsection were 'six' except that, notwithstanding any such a provision of this section, any a week for which there would otherwise be a 'state 'on' indicator' for this State must continue to be such a week and shall must not be determined to be a week for which there is a 'state 'off' indicator' for this State.
(2)(B) There is a 'state 'off' indicator' for this State for a week if, for the period consisting of such that week and the immediately preceding twelve weeks, either subparagraph (a) or (b) of paragraph (1) was items (1) or (2) of subsection (A) are not satisfied.
(3)(C) This section is applicable for all applies to weeks beginning after September 25, 1982."
SECTION 93. Section 41-35-340 of the 1976 Code is amended to read:
"Section 41-35-340. "Rate of insured unemployment", For purposes of Section 41-35-330, 'rate of insured unemployment' means the percentage derived by dividing the:
(1) The average weekly number of individuals filing claims for regular state compensation in this State for weeks of unemployment with respect to the most recent thirteen-consecutive-week thirteen consecutive week period, as determined by the commission Department of Workforce on the basis of its reports to the U. S. Secretary of Labor, by
(2) The average monthly employment covered under Chapters 27 through 41 of this title for the first four of the most recent six completed calendar quarters ending before the end of such this thirteen-week period."
SECTION 94. Section 41-35-410 of the 1976 Code is amended to read:
"Section 41-35-410. Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the Commission Department of Workforce, the provisions of Chapters 27 through 41 of this title which apply to claims for, or the payment of, regular benefits shall must apply to claims for, and the payment of, extended benefits."
SECTION 95. Section 41-35-420 of the 1976 Code, as last amended by Act 125 of 1993, is further amended to read:
"Section 41-35-420. (1)(A) An individual shall be is eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the commission Department of Workforce finds that with respect to such that week:
(a)(1) He is an 'exhaustee' as defined in Section 41-35-390.
(b)(2) He has satisfied the requirements of Chapters 27 through 41 of this title for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.
(c)(3) Except as provided in item (d4), an individual shall must not be eligible for extended benefits for any a week if:
(i)(a) Extended benefits are payable for such that week pursuant to an interstate claim filed in any a state under the interstate benefit payment plan; and
(ii)(b) No extended benefit period is in effect for such that week in such the state.
(d)(4) Item (c3) of subsection (1A) shall does not apply with respect to the first two weeks for which extended benefits are payable, (determined without regard to this subsection), pursuant to an interstate claim filed under the interstate benefit payment plan to the individual with respect to the benefit year.
(2)(a)(B)(1) Notwithstanding the provisions of Sections 41-35-410 and 41-35-420, effective for weeks beginning after March 31, 1981, an individual is disqualified for from receipt of extended benefits if the commission Department of Workforce finds that during any week of his eligibility period he has failed either to apply for, or to accept an offer of, suitable work, (as defined under item (d4) of this subsection), to which he was referred by the commission Department of Workforce.
(b)(2) Notwithstanding the provisions of Sections 41-35-410 and 41-35-420, effective for weeks beginning after March 31, 1981, an individual is disqualified for from receipt of extended benefits if the commission Department of Workforce finds that during any week of his eligibility period he has failed to furnish evidence that he has actively engaged in a systematic and sustained effort to find work.
(c)(3) Such This disqualification begins with the week in which such the failure occurred and continues until he has been employed in each of four subsequent weeks, (whether or not consecutive), and has earned remuneration equal to not less than four times his weekly extended benefit amount.
(d)(4) For the purposes of this subsection, the term 'suitable work' means any work which is within the individual's capabilities to perform if:
(i)(a) The gross average weekly remuneration payable for the work exceeds the sum of the individual's weekly extended benefit amount plus the amount, if any, of supplemental unemployment benefits, (as defined in Section 501(c)(17)(D) of the Internal Revenue Code of 1954), payable to such the individual for such that week;
(ii)(b) The wages payable for the work equal the higher of the minimum wages provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938, (without regard to any an exemption), or the state or local minimum wage;
(iii)(c) The position was offered to the individual in writing or was listed with the State Employment Service;
(iv)(d) Such the work otherwise meets the definition of 'suitable work' for regular benefits contained in item (3)subsection (C) of Section 41-35-120 to the extent that such the criteria of suitability are not inconsistent with the provisions of this item; and
(v)(e) The individual cannot furnish satisfactory evidence to the commission Department of Workforce that his prospects for obtaining work in his customary occupation within a reasonably short period of time are good. If such the evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such the individual must be made in accordance with pursuant to the definition of suitable work contained in Section 41-35-120 without regard to the definition specified by this item (d4).
(3)(C) Notwithstanding any provisions a provision of item (d) of this subsection to the contrary, no work shall must not be deemed to be considered suitable work for an individual which if it does not accord with item (c)(3) of subsection (3)(C) of Section 41-35-120.
(4)(D) For the purposes of item (b)(2) of subsection (2)(B), an individual shall must be treated as actively engaged in seeking work during any a week if the individual:
(a)(1) The individual has engaged in a systematic and sustained effort to obtain work during such the week;
(b)(2) The individual furnishes tangible evidence that he has engaged in such an effort during such the week.
(5)(E) The Employment Service Department of Workforce shall must refer any claimant entitled to extended benefits under this chapter to any suitable work which that meets the criteria prescribed in item (d)(4) subsection (2)(B).
(6)(F) An individual shall must not be eligible to receive extended benefits with respect to any a week of unemployment in his eligibility period if such individual he has been disqualified for regular or extended benefits under the chapter because he or she voluntarily left work, was discharged for cause, or failed to accept an offer of or apply for suitable work unless the disqualification imposed for such these reasons has been terminated in accordance with pursuant to specific conditions established under the South Carolina Employment Security Law requiring the individual to perform service for remuneration subsequent to the date of such the disqualification.
If the disqualification which was imposed did not require the individual to perform service for remuneration subsequent to the date of such the disqualification, such the individual will be is ineligible for extended benefits beginning with the effective date of the request for initiation of an extended benefit claim series and continuing until he has secured secures employment and shows to the Department of Workforce's satisfaction of the commission that he has worked in each of at least four different weeks, whether or not such those weeks are consecutive, and earned wages equal to at least four times the weekly benefit amount of his claim."
SECTION 96. Section 41-35-450 of the 1976 Code is amended to read:
"Section 41-35-450. Whenever When an extended benefit period is to become effective in this State as a result of a state 'on' indicator, or an extended benefit period is to be terminated in this State as a result of a state 'off' indicator, the commission Department of Workforce must make an appropriate public announcement. Computations A computation required by the provisions of Section 41-35-340 must be made by the commission, in accordance with Department of Workforce pursuant to regulations prescribed by the U. S. Secretary of Labor."
SECTION 97. Section 41-35-610 of the 1976 Code is amended to read:
"Section 41-35-610. Requests A request for determination of insured status, requests a request for initiation of a claim series in a benefit year, notices a notice of unemployment, certifications a certification for waiting-week credit, and claims a claim for benefits shall must be made in accordance with such pursuant to regulations as the Commission may prescribe Department of Workforce prescribes. Each employer shall An employer must post and maintain in places readily accessible to individuals in his service printed statements concerning such regulations or such other related matters as the Commission may Department of Workforce prescribes by regulation prescribe. Each employer shall An employer must supply such those individuals copies of such the printed statements or materials as the Commission may Department of Workforce prescribes by regulation prescribe. Such These statements or materials shall must be supplied by the Commission Department of Workforce to each an employer without cost to him the employer."
SECTION 98. Section 41-35-630 of the 1976 Code is amended to read:
"Section 41-35-630. (1)(A) In any a case in which where the payment or denial of benefits will be determined by the provisions of item (4) item 4 of Section 41-35-120, the Commission shall Department of Workforce must designate a special examiner to make an initial determination with respect thereto to it. The determination of the examiner may be appealed in the same manner, within the same time, and through the same procedures as any other determination. The Commission may Department of Workforce, upon written request by a group of workers or their authorized representative, may allow one of a group representing a grade or class of workers similarly situated to file an appeal which shall be known as a 'Group Test Appeal', and the decision of the appeal tribunal or the Commission as to Department of Workforce Appellate Panel regarding the disqualification of the group representative because of the application of item (4)subsection (D) of Section 41-35-120 shall be is binding as to on the entire group.
(2)(B) Whenever When a determination involves multiple claimants and difficult issues of fact or law, the Commission Department of Workforce in its discretion may designate a special examiner to render such the determination. The A determination, of the examiner which may be appealed in the same manner, within the same time, and through the same procedures as any other determination. The Commission shall Department of Workforce must allow any and all claimants a claimant affected by the same this determination to join in one appeal and the decision of the appeal tribunal or the Commission shall be Department of Workforce is binding upon on all those claimants who are parties to such the consolidated appeal."
SECTION 99. Section 41-35-640 of the 1976 Code, as last amended by Act 203 of 2002, is further amended to read:
"Section 41-35-640. (1)(A) 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.
(2)(B) An initial determination shall must be reconsidered whenever when the Commission Department of Workforce finds that an error in computation, or an error of a similar character, has occurred in connection therewith with it or that wages of the claimant pertinent to the determination, but not considered in connection therewith with it, have been newly discovered,. but no such However, this redetermination shall must not be made after one year from the date of the original determination. The reconsidered determination shall supersede supersedes the original determination. Notice of any such this redetermination shall be promptly must be given, in the manner prescribed in this article with respect to notice of an original determination. Subject to the same limitations and for the same reasons, the Commissions Department of Workforce Appellate Panel may reconsider a determination in any a case in which the where a final decision has been is rendered by an appeal tribunal, the Commission Department of Workforce Appellate Panel, or a court, and, after notice to and the expiration of the period for appeal by the persons entitled to notice of the final decision, may apply to the body or court which that rendered the final decision to issue and seek a revised decision. In the event that an appeal involving an original determination is pending as of on the date a redetermination thereof is issued, such the appeal, unless withdrawn, shall must be treated as an appeal from such the redetermination."
SECTION 100. Section 41-35-670 of the 1976 Code is amended to read:
"Section 41-35-670. (1)(A) Notwithstanding any other another provision contained in this Article, benefits shall must be paid in accordance with pursuant to a determination, redetermination, or the decision of an appeal tribunal, the Commission Department of Workforce, the Department of Workforce Appellate Panel, or a reviewing court upon the issuance of such that determination, redetermination, or decision, regardless of the pendency of the period to apply for reconsideration, file an appeal, or petition for judicial review that is provided with respect thereto, as the case may be, to it or the pendency of any such an application, filing, or petition, unless and until such the determination, redetermination, or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall must be paid or denied for weeks of unemployment thereafter in accordance with such afterward pursuant to the modifying or reversing redetermination or decision.
(2)(B) If a determination or redetermination allowing benefits is affirmed by the appeal tribunal, or by the Commission Department of Workforce Appellate Panel, or if a decision of an appeal tribunal allowing benefits is affirmed by the Commission, such Department of Workforce Appellate Panel, those benefits shall must be paid promptly regardless of any a further appeal which that may be taken, and no injunction, supersedeas, stay, or other writ or process suspending the payment of the benefits shall must be issued by any court."
SECTION 101. Section 41-35-680 of the 1976 Code, as last amended by Act 203 of 2002, is further 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 must 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 must be furnished with a copy of the decision, including the reasons for the decision,. which This must be considered to be the final decision of the commission Department of Workforce and the Department of Workforce Appellate Panel, unless within ten days after the date of mailing the decision a further appeal is initiated pursuant to Section 41-35-710."
SECTION 102. Section 41-35-690 of the 1976 Code is amended to read:
"Section 41-35-690. The procedure herein provided in this chapter for appeals an appeal from any a determination or redetermination to the appeal tribunal and for decisions thereon a decision on it and for appeals therefrom from it, first to the Commission Department of Workforce Appellate Panel and thereafter afterward to the courts, shall must be the sole and exclusive procedure notwithstanding any other another provision of law."
SECTION 103. Section 41-35-700 of the 1976 Code is amended to read:
"Section 41-35-700. (A) To hear and decide appeal claims, the Commission shall Department of Workforce must appoint one or more impartial appeal tribunals consisting in each case of either:
(1) a referee, selected in accordance with pursuant to Section 41-29-70,; or
(2) a body consisting of three members, one of whom:
(a) shall be must be a referee, who shall must serve as chairman,;
(b) one of whom shall must be a representative of employers; and
(c) the other third of whom shall must be a representative of employees.
Each of the latter two members shall serve at the pleasure of the Commission Department of Workforce and be paid a per diem as fixed in the annual state appropriation act for boards, commissions and committees for each day of active service on such a tribunal plus necessary expenses, as likewise fixed in the annual appropriation act. No A person shall must not participate on behalf of the Commission in any case Department of Workforce in which he is an interested party. The Commission Department of Workforce may designate alternates to serve in the absence or disqualification of any a member of an appeal tribunal. The chairman shall must act alone in the absence or disqualification of any other another member and his alternate. In no case shall The hearings must not proceed unless the chairman of the appeal tribunal is present. "
SECTION 104. Section 41-35-710 of the 1976 Code is amended to read:
"Section 41-35-710. The Commission Department of Workforce Appellate Panel may on its own motion affirm, modify, or set aside any a decision of an appeal tribunal on the basis of the evidence previously submitted in such the case; or direct the taking of additional evidence; or may permit any of the parties a party to such the decision to initiate further appeals before it. The Commission shall Department of Workforce and Department of Workforce Appellate Panel must permit such this further appeal by any of the parties a party to a decision of an appeal tribunal and by the examiner whose decision has been overruled or modified by an appeal tribunal. The Commission Department of Workforce may remove to itself the Department of Workforce Appellate Panel or transfer to another appeal tribunal the proceedings on any a claim pending before an appeal tribunal. Any proceedings so A proceeding removed to the Commission shall Department of Workforce Appellate Panel must be heard by a quorum thereof in accordance with the requirements of Sections 41-35-690 and 41-35-720. The Commission shall Department of Workforce and Department of Workforce Appellate Panel promptly must notify the parties a party to any a proceeding of its findings and decision."
SECTION 105. Section 41-35-720 of the 1976 Code is amended to read:
"Section 41-35-720. The manner in which an appealed claims shall claim must be presented and the conduct of hearings a hearing and appeals shall appeal must be in accordance with pursuant to regulations prescribed by the Commission Department of Workforce for determining the rights of the parties a party, whether or not such these regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall must be kept of all proceedings in connection with an appealed claim. All Testimony at any a hearing upon on an appealed claim shall must be recorded, but shall must not be transcribed unless the claim is further appealed further."
SECTION 106. Section 41-35-730 of the 1976 Code is amended to read:
"Section 41-35-730. Witnesses A witness subpoenaed pursuant to this article shall must be allowed fees and mileage at a rate fixed by the Commission Department of Workforce, which shall must not exceed that allowed witnesses a witness in the court of common pleas in the county in which where a hearing is held. Such These fees shall must be deemed considered a part of the expense of administering Chapters 27 through 41 of this title."
SECTION 107. Section 41-35-740 of the 1976 Code is amended to read:
"Section 41-35-740. Any A decision of the Commission Department of Workforce Appellate Panel, in the absence of an appeal therefrom from it as provided in this article, shall become becomes final ten days after the date of notification or mailing thereof of it, and judicial review thereof shall be is permitted only after any a party claiming to be aggrieved thereby by it has exhausted his administrative remedies as provided by Chapters 27 through 41 of this title. The Commission shall Department of Workforce must be deemed considered to be a party to any a judicial action involving any such a decision and may be represented in any such the judicial action by any a qualified attorney employed by the Commission Department of Workforce or the Department of Workforce Appellate Panel and designated by it the Department of Workforce for that purpose or, at the Commission's Department of Workforce's request, by the Attorney General."
SECTION 108. Section 41-37-20 of the 1976 Code is amended to read:
"Section 41-37-20. (1)(A) An employing unit not otherwise subject to Chapters 27 through 41 of this title, which files with the Commission Department of Workforce its written election to become an employer subject to such these chapters for not less than two calendar years, shall, with the written approval of such the election by the Commission, Department of Workforce, must become an employer subject to the same extent as all other employers as of the date stated in such the approval and shall must cease to be subject to such these chapters as of January first of any a calendar year subsequent to such the two calendar years if by the thirtieth day of April of such that year it has filed with the Commission Department of Workforce a written notice to that effect.
(2)(B) Any An employing unit, for which services that do not constitute employment as defined in Chapters 27 through 41 of this title are performed, may file with the Commission Department of Workforce a written election that all such services performed by individuals an individual in its employment in one or more distinct establishments or places of business shall be deemed must be considered to constitute employment by an employer for all the purposes of such those chapters for not less than two calendar years. Upon On the written approval of such this election by the Commission such Department of Workforce, these services shall be deemed must be considered to constitute employment subject to such those chapters from and after the date stated in such the approval. Such These services shall cease to be deemed considered employment subject to such these chapters as of January first of any a calendar year subsequent to such those two calendar years if by the thirtieth day of April of such that year such the employing unit has filed files with the Commission Department of Workforce a written notice to that effect."
SECTION 109. Section 41-37-30 of the 1976 Code is amended to read:
"Section 41-37-30. Except as otherwise provided in Section 41-37-20:
(1)(A) As of January 1, 1972, an employing unit shall must cease to be an employer subject to Chapters 27 through 41 of this title only if it files with the Commission Department of Workforce by the thirtieth day of April of that year an application for termination of coverage and the Commission Department of Workforce finds that there were no twenty different weeks within the preceding calendar year within which such the employing unit had four or more individuals in employment subject to such these chapters.
(2)(B) As of January 1, 1973, an employing unit shall cease to be an employer subject to Chapters 27 through 41 of this title only if it files with the Commission Department of Workforce by the thirtieth day of April of any a calendar year an application for termination of coverage and the Commission Department of Workforce finds that there were no twenty different weeks within the preceding calendar year within which such the employing unit had at least one individual in employment subject to such these chapters and that there was no calendar quarter within the preceding calendar year in which such the employing unit paid fifteen hundred dollars or more in wages for service in employment; provided, however, except that no employing unit for which service is performed in employment as defined in Section 41-27-230 (3) shall may cease to be an employer subject to Chapters 27 through 41 of this title unless it files with the Commission Department of Workforce by the thirtieth day of April of any calendar year an application for termination of coverage and the Commission Department of Workforce finds that there were no not twenty different weeks within the preceding calendar year within each of which such the employing unit had four or more persons in employment.
(3)(C) As of January 1, 1979, any an employing unit, as defined in Section 41-27-230(5), shall must cease to be an employer subject to Chapters 27 through 41 of this title only if it files with the Commission Department of Workforce by the thirtieth day of April of any a calendar year an application for termination of coverage and the Commission Department of Workforce finds that there were no not twenty different weeks within the preceding calendar year within which such the employing unit had at least ten individuals in employment subject to Chapters 27 through 41 of this title and that there was no calendar quarter within the preceding calendar year in which such the employing unit paid twenty thousand dollars or more in wages for service in employment.
(4)(D) As of January 1, 1979, any an employing unit, as defined in Section 41-27-230(6), shall must cease to be an employer subject to Chapters 27 through 41 of this title only if it files with the Commission Department of Workforce by the thirtieth day of April of any a calendar year an application for termination of coverage and the Commission Department of Workforce finds that there was no calendar quarter within the preceding calendar year in which such the employing unit paid one thousand dollars or more in wages for service in employment.
(5)(E) Any An employer who shall have has rendered no employment and paid no wages in the State for a continuous period of one calendar year may submit an application for termination of coverage upon the resumption of employment in the State. Provided, further, that However, when a successor employer acquired substantially all of the business of a predecessor employer and the experience rating reserve of the predecessor is transferred to the successor, the liability of the predecessor may be terminated at the end of the calendar year during which such this succession occurred, provided that the predecessor did not within such the calendar year subsequent to the date of succession render employment or pay wages sufficient to remain an employer as defined in Section 41-27-210.
(6)(F) The provisions of this section shall must not be applicable to any an employing unit for services a service performed in employment as defined by Section 41-27-230(2).
For purposes of this section, the two or more employing units mentioned in items (3) and (4) of Section 41-27-210 shall must be treated as a single employing unit."
SECTION 110. Section 41-39-40 of the 1976 Code, as added by Act 306 of 1996, is amended to read:
"Section 41-39-40. (A) As of January 1, 1997, an individual filing an initial claim for unemployment compensation must be advised at the time of the filing of the claim that:
(1) Unemployment compensation is subject to federal and state income taxation;
(2) Requirements exist pertaining to estimated tax payments;
(3) The individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the rate specified in the Internal Revenue Code of 1986;
(4) The individual may elect to have South Carolina state income tax deducted and withheld from the individual's payment of unemployment compensation at the rate of seven percent;
(5) The individual is permitted to change a previously elected withholding of income tax at least once.
(B) Amounts deducted and withheld from unemployment compensation shall must remain in the Unemployment Trust Fund until transferred to the federal or state taxing authority as a payment of income tax. The date of transfer to the South Carolina Department of Revenue must be the same date as the transfer to the Internal Revenue Service.
(C) The commission Department of Workforce shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Service pertaining to the deducting and withholding of income tax.
(D) Amounts must be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, or any other amount required to be deducted and withheld under this title."
SECTION 111. Section 41-41-20 of the 1976 Code, as last amended by Act 202 of 2002, is further amended to read:
"Section 41-41-20. (A) A claimant found by the commission Department of Workforce knowingly to have made a false statement or who knowingly failed to disclose a material fact when filing a compensable claim to establish his right to or increase the amount of his benefits is ineligible to receive benefits for any week for which the claim was filed and is ineligible to receive further benefits for not less than ten and not more than fifty-two consecutive weeks as determined by the commission Department of Workforce according to the circumstances of the case, these weeks to commence with the date of the determination.
(B)If the commission Department of Workforce finds that a fraudulent misrepresentation has been made by a claimant with the object of obtaining benefits under this chapter to which he was not entitled, in addition to any other penalty or prosecution provided under this chapter, the commission Department of Workforce may make a determination that there must be deducted from benefits to which the claimant might become entitled during this present benefit year or the next subsequent benefit year, or both, an amount not less than two times his weekly benefit amount and not more than his maximum benefit amount payable in a benefit year, as determined under Chapter 35. This deduction takes effect on the date of the determination. An appeal from this determination must be made in the manner prescribed in Chapter 35, Article 5."
SECTION 112. Section 41-41-40 of the 1976 Code, as last amended by Act 202 of 2002, is further amended to read:
"Section 41-41-40.(A)(1) A person who has received a sum as benefits under Chapters 27 through 41 while conditions for the receipt of benefits imposed by these chapters were not fulfilled or while he was disqualified from receiving benefits is liable to repay the commission Department of Workforce for the unemployment compensation fund a sum equal to the amount received by him.
(2) If full repayment of benefits, to which an individual was determined not entitled, has not been made the sum must be deducted from future benefits payable to him under Chapters 27 through 41, and the sum must be collectible in the manner provided in Sections 41-31-380 to 41-31-400 for the collection of past due contributions.
(3) The commission Department of Workforce may attempt collection of overpayments through the South Carolina Department of Revenue in accordance with Section 12-56-10, et seq. If the overpayment is collectible in accordance with Section 12-56-60, the commission Department of Workforce shall add to the amount of the overpayment a collection fee of not more than twenty-five dollars for each collection attempt to defray administrative costs.
(4) Notwithstanding any other provision of this section, no action to enforce recovery or recoupment of any overpayment may begin after five years from the date of the final determination.
(B)(1) A person who is overpaid any amounts as benefits under Chapters 27 through 41 is liable to repay those amounts, except as otherwise provided by this subsection.
(2) Upon written request by the person submitted to the commission Department of Workforce within the statutory appeal period from the issuance of the determination of overpayment, the commission Department of Workforce may waive repayment if the commission Department of Workforce finds that the:
(a) overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of the person;
(b) overpayment was received without fault on the part of the person; and
(c) recovery of the overpayment from the person would be contrary to equity and good conscience.
(3) Decisions denying waiver requests are subject to the appeal provisions of Chapter 35.
(C) A person who has received a sum as benefits under the comparable unemployment law of any other state while conditions imposed by that law were not fulfilled or while he was disqualified from receiving benefits by that law is liable to repay the commission Department of Workforce for the corresponding unemployment compensation fund of the other state a sum equal to the amount received by him if the other state has entered into an Interstate Reciprocal Overpayment Recovery Agreement with the State and has furnished the commission Department of Workforce with verification of the overpayment as required by the agreement. Recovery of overpayments under this subsection are not subject to the provisions of subsections (A)(3) and (B)."
SECTION 113. Section 41-41-50 of the 1976 Code is amended to read:
"Section 41-41-50. Any An employing unit or person who shall wilfully violate any violates a provision of Chapters 27 through 41 of this title or any an order, rule, or regulation thereunder under this title, the violation of which is made unlawful or the observance of which is required under the terms of such these chapters, shall be is liable to a penalty of one thousand dollars, to be recovered by the Commission Department of Workforce in an appropriate civil action in any a court of competent jurisdiction, and shall also be is guilty of a misdemeanor and shall, upon conviction, must be punished by a fine of not less than twenty nor dollars but not more than one hundred dollars or imprisonment for not longer than thirty days, and each day such the violation continues shall be deemed to be is considered a separate offense."
SECTION 114. Section 41-42-10 of the 1976 Code is amended to read:
"Section 41-42-10. The South Carolina Employment Security Commission shall Department of Workforce must create a division to be known as the 'South Carolina State Employment Service' which shall that must establish and maintain free public employment Departments in such a number and in such places as may be necessary for the proper administration of Chapters 27 through 42 of this title and for the purpose of performing such duties as are within the purview of the act of Congress, entitled 'An Act to Provide for the Establishment of a National Employment System and for Cooperation With the States in the Promotion of Such System, and for Other Purposes', approved June 6, 1933 (48 Stat. 113, U. S. Code, Title 29, Section 49(c) as amended). All duties and powers formerly conferred upon any other on another department, agency or officer of this State relating to the establishment, maintenance, and operation of free public employment offices shall be are vested in such this division."
SECTION 115. Section 41-42-20 of the 1976 Code is amended to read:
"Section 41-42-20. The division shall must be administered by a full-time salaried director, who shall cooperate with any an official or agency of the United States having powers or duties under provisions of such act of Congress and shall do and perform all things necessary to secure to this State the benefits of that act of Congress in the promotion and maintenance of a system of public employment offices. The Commission Department of Workforce shall appoint the director and other officers and employees of the State Employment Service. Such These appointments shall must be made in accordance with pursuant to regulations issued under Section 41-29-90."
SECTION 116. Section 41-42-30 of the 1976 Code is amended to read:
"Section 41-42-30. The provisions of the act of Congress mentioned in Section 41-42-10 are hereby accepted by this State, in conformity with Section 4 of that act and this State will observe and comply with the requirements thereof of the act. The South Carolina Employment Security Commission Department of Workforce is hereby designated and constituted the agency of this State for the purposes of that act."
SECTION 117. Section 41-42-40 of the 1976 Code is amended to read:
"Section 41-42-40. For the purpose of establishing and maintaining free public employment offices the division may enter into agreement with any a political subdivision of this State or with any a private nonprofit organization and as a part of any such agreement the Commission Department of Workforce may accept moneys money, services, or quarters as a contribution to the unemployment compensation administration fund."
SECTION 118. Sections 41-27-190, 41-29-30, 41-29-60, 41-29-90, and 41-29-260 are repealed.
SECTION 119. References to "Employment Security" in the titles of Chapters 27, 29, 31, 33, 35, 37, 39, and 41 of Title 41 are changed to "Workforce".
SECTION 120. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 121. All matters pending before the Department of Workforce Appellate Panel on January 1, 2011 must be transferred to the Administrative Law Court for adjudication, and the Department of Workforce Appellate Panel shall no longer provide administrative review.
SECTION 122. Except as otherwise provided herein, this act takes effect April 1, 2010.
This web page was last updated on February 24, 2010 at 7:22 PM