H*2809 Session 104 (1981-1982)
H*2809(Rat #0404, Act #0340 of 1982) General Bill, By B.L. Hendricks
A Bill to amend Section 41-27-260, as amended, Code of Laws of South Carolina,
1976, relating to exempted employment under the Employment Security Law, so as
to exempt certain "agricultural labor"; to amend Section 41-27-310, relating
to the definition of an insured worker for purposes of unemployment
compensation benefits, so as to revise such definition; to amend Section
41-35-110, relating to the conditions under which an insured worker shall be
eligible to receive unemployment compensation benefits, so as to provide that
an insured worker shall be entitled to such benefits if he is separated,
through no fault of his own, from his most recent bona fide employer and to
define the term most recent bona fide employer; and to amend Section
41-35-120, as amended, relating to the grounds for which an insured worker
shall be ineligible for such benefits, so as to revise the terms of the ground
"discharge for misconduct", to define the term "misconduct", and to revise the
terms of the ground "failure to accept work".-at
04/14/81 House Introduced and read first time HJ-1836
04/14/81 House Referred to Committee on Labor, Commerce and
Industry HJ-1836
01/12/82 House Committee report: Favorable Labor, Commerce and
Industry HJ-118
01/14/82 House Debate adjourned HJ-194
01/19/82 House Debate adjourned HJ-225
01/20/82 House Debate adjourned HJ-260
01/21/82 House Debate adjourned HJ-314
01/26/82 House Debate adjourned HJ-351
01/27/82 House Debate adjourned HJ-385
01/29/82 House Debate adjourned HJ-606
02/03/82 House Read second time HJ-676
02/04/82 House Read third time and sent to Senate HJ-739
02/04/82 Senate Introduced and read first time SJ-6
02/04/82 Senate Referred to Committee on Finance SJ-6
02/17/82 Senate Recalled from Committee on Finance SJ-21
02/17/82 Senate Committed to Committee on Labor, Commerce and
Industry SJ-21
04/01/82 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-8
04/06/82 Senate Amended SJ-11
04/06/82 Senate Read second time SJ-12
04/07/82 Senate Read third time SJ-16
04/07/82 Senate Returned SJ-16
04/08/82 House Concurred in Senate amendment and enrolled HJ-2066
04/08/82 House Ratified R 404 HJ-2087
04/14/82 Signed By Governor
04/14/82 Effective date 04/14/82
04/14/82 Act No. 340
04/21/82 Copies available
(A340, R404, H2809)
AN ACT TO AMEND SECTION 41-27-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO EXEMPTED EMPLOYMENT UNDER THE EMPLOYMENT SECURITY LAW, SO
AS TO EXEMPT CERTAIN "AGRICULTURAL LABOR"; TO AMEND SECTION 41-27-310,
RELATING TO THE DEFINITION OF AN INSURED WORKER FOR PURPOSES OF UNEMPLOYMENT
COMPENSATION BENEFITS, SO AS TO REVISE SUCH DEFINITION; TO AMEND SECTION 41-35-110,
RELATING TO THE CONDITIONS UNDER WHICH AN INSURED WORKER SHALL BE ELIGIBLE TO
RECEIVE UNEMPLOYMENT COMPENSATION BENEFITS, SO AS TO PROVIDE THAT AN INSURED
WORKER SHALL BE ENTITLED TO SUCH BENEFITS IF HE IS SEPARATED, THROUGH NO FAULT
OF HIS OWN, FROM HIS MOST RECENT BONA FIDE EMPLOYER AND TO DEFINE THE TERM
MOST RECENT BONA FIDE EMPLOYER; AND TO AMEND SECTION 41-36-120, AS AMENDED,
RELATING TO THE GROUNDS FOR WHICH AN INSURED WORKER SHALL BE INELIGIBLE FOR
SUCH BENEFITS, SO AS TO REVISE THE TERMS OF THE GROUND "DICHARGE FOR
MISCONDUCT", TO DEFINE THE TERM "MISCONDUCT", AND TO REVISE THE
TERMS OF THE GROUND "FAILURE TO ACCEPT WORK".
Be it enacted by the General Assembly of the State of South Carolina:
Definition of insured worker
Section 1. Section 41-27-310 of the 1976 Code is amended to read:
"Section 41-27-310. An 'insured worker' is an individual who has been paid wages in his base period for
insured work equal to or exceeding one and one-half times the total of his wages paid in the quarter of such base
period in which his wages for insured work were highest; provided, however, that no individual shall qualify as
an insured worker unless he has been paid at least nine hundred dollars in his base period for insured work and
five hundred forty dollars in that quarter of his base period in which such wages were highest."
Definition--"recent bona fide employer"
Section 2. Section 41-35-110 of the 1976 Code is amended by adding:
"(5) Claimant is 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 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 ;".
Eligibility for workers' compensation benefits
Section 3. Subsection (2) of Section 41-35-120 of the 1976 Code is amended to read:
"(2) Discharge for misconduct.--If the Commission finds that he has been discharged for misconduct
connected with his most recent work prior to filing a request œor determination of insured status or a request for
initiation of a claim series within an established benefit year, with such ineligibility beginning with the effective
date of such 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 shall be determined by the Commission in each case according to the seriousness of the
misconduct. Provided, no charge or misconduct shall be made for failure to meet production requirements unless
such failure is occasioned by wilful failure or neglect of duty. The term 'misconduct' as used herein shall require
more than a failure in good performance of the employee as the result of inability or incapacity."
Grounds for insured worker to be ineligible for benefits
Section 4. Subsection (3) of Section 41-35-120 of the 1976 Code is amended to read:
"(3) Failure to accept work.--(a) If the Commission finds that he has failed, without good cause, (i) either
to apply for available suitable work, when so directed by the employment office or the Commission, (ii) to accept
available suitable work when offered to him by the employment office or an employer or (iii) to return to his
customary self-employment (if any) when so directed by the Commission, such ineligibility shall begin with the
week such failure occurred and shall continue until he has secured employment and shows to the satisfaction of
the Commission that he has performed services in employment as defined in Chapters 27 through 41 of this Title
and earned wages for such services equal to at least eight times his weekly benefit amount of his claim.
(b) In determining whether or not any work is suitable for an individual, the Commission shall 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) Notwithstanding any other provisions of Chapters 27 through 41 of this Title, no work shall be deemed
suitable and benefits shall not be denied under such chapters to any otherwise eligible individual for refusing to
accept new work under any of the following conditions: (i) If the position offered is vacant due directly to a strike,
lockout or other labor dispute, (ii) 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) 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) Notwithstanding any other provisions of Chapters 27 through 41 of this Title, no otherwise eligible
individual shall be denied benefits for any week for failure to apply for, or refusal to accept, suitable work because
he is in training with the approval of the Commission."
Definition--Agricultural labor
Section 5. Section 41-27-260 of the 1976 Code, as last amended by Act 108 of 1981, is further amended by
adding a new item which shall read:
"(16) 'Agricultural labor' as such term is defined by Section 41-27-120 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 but who at the conclusion of their agricultural labor would not qualify for any
benefits under the provisions of the South Carolina Employment Security Law."
Time effective
Section 6. This act shall take effect upon the approval by the Governor. |