South Carolina General Assembly
118th Session, 2009-2010

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A123, R122, S374

STATUS INFORMATION

General Bill
Sponsors: Senator L. Martin
Document Path: l:\council\bills\nbd\11026ac09.docx
Companion/Similar bill(s): 929

Introduced in the Senate on February 3, 2009
Introduced in the House on April 29, 2009
Last Amended on October 27, 2009
Passed by the General Assembly on October 28, 2009
Governor's Action: October 29, 2009, Signed

Summary: Department of Labor, Licensing, and Regulation

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/3/2009  Senate  Introduced and read first time SJ-8
    2/3/2009  Senate  Referred to Committee on Labor, Commerce and Industry 
                        SJ-8
   4/23/2009  Senate  Polled out of committee Labor, Commerce and Industry 
                        SJ-10
   4/23/2009  Senate  Committee report: Favorable Labor, Commerce and Industry 
                        SJ-10
   4/24/2009          Scrivener's error corrected
   4/28/2009  Senate  Read second time SJ-29
   4/29/2009  Senate  Read third time and sent to House SJ-9
   4/29/2009  House   Introduced and read first time HJ-183
   4/29/2009  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-183
  10/27/2009  House   Recalled from Committee on Labor, Commerce and Industry 
                        HJ-3
  10/27/2009  House   Special order, set for Tuesday, October 27, 2009 at the 
                        call of the Speaker (Under H. 4161) HJ-5
  10/27/2009  House   Amended HJ-5
  10/27/2009  House   Read second time HJ-5
  10/28/2009  House   Read third time and returned to Senate with amendments 
                        HJ-3
  10/28/2009  Senate  Concurred in House amendment and enrolled SJ-5
  10/28/2009          Ratified R 122
  10/29/2009          Signed By Governor
   11/2/2009          Effective date 10/29/09
   11/2/2009          Act No. 123

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/3/2009
4/23/2009
4/24/2009
10/27/2009


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A123, R122, S374 of 2009)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-320 SO AS TO PROVIDE FOR THE PAYMENT OF EXTENDED UNEMPLOYMENT BENEFITS WHEN THESE BENEFITS ARE FULLY FUNDED BY THE FEDERAL GOVERNMENT AND UPON THE MEETING OF OTHER SPECIFIC CONDITIONS.

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

Employment security benefits, extension under certain conditions

SECTION    1.    Article 3, Chapter 35, Title 41 of the 1976 Code is amended by adding:

"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 shall implement procedures to allow retroactive claims, but these procedures must conform to conditions of federal funding."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 28th day of October, 2009.

Approved the 29th day of October, 2009.

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