S 0522 General Bill, By Waldrep, Courtney, Hayes, Lander, Leventis, 
A.S. Macaulay, Martin and H.S. Stilwell
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 41-31-75 so as to prohibit, under certain circumstances and conditions, an
 increase in the Unemployment Compensation taxes, rates, contributions, or
 premiums of certain employers called or recalled to active duty in the
 military service of the United States because of armed conflict, and require
 the Employment Security Commission to order the refund of such increases which
 may have occurred.

   03/09/93  Senate Introduced and read first time SJ-8
   03/09/93  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-8

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-75 SO AS TO PROHIBIT, UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS, AN INCREASE IN THE UNEMPLOYMENT COMPENSATION TAXES, RATES, CONTRIBUTIONS, OR PREMIUMS OF CERTAIN EMPLOYERS CALLED OR RECALLED TO ACTIVE DUTY IN THE MILITARY SERVICE OF THE UNITED STATES BECAUSE OF ARMED CONFLICT, AND REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO ORDER THE REFUND OF SUCH INCREASES WHICH MAY HAVE OCCURRED.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 41-31-75. Notwithstanding any other provision of this title, whenever an employer is called or recalled to active duty in the military service of the United States because of armed conflict, threatened or actual, and is therefore required to close his business with the result that his employees apply for and receive unemployment compensation benefits under this title and upon the employer's return from such service he re-opens the business and re-employs the employees or any of them, the unemployment compensation taxes, rates, contributions, or premiums of the employer shall not be increased in any amount whatever because of these circumstances and conditions."

SECTION 2. The provisions of Section 41-31-75, added to the 1976 Code pursuant to Section 1 of this act, apply to all employers described in that section who were called or recalled to active duty in the military service of the United States since August 1, 1990. The commission shall order a refund to such employers of any increase which may have occurred since that date with respect to their unemployment insurance taxes, rates, contributions, or premiums because of the closing of their businesses due to being called or recalled to such military service.

SECTION 3. This act takes effect upon approval by the Governor.