S.C. Code Ann. § 41-5-150 — SC Code / Title 41 / Chapter 5 / Section 41-5-150
SECTION 41-5-150. South Carolina Employment First Oversight Commission.
Status: in_force

(A) There is hereby established the "South Carolina Employment First Oversight Commission" consisting of nine members appointed by the Governor, five of whom must have a disability or have substantial knowledge of disability issues, and four of whom must be from the business community. (B) The Governor shall designate one member to convene and organize the first meeting of the commission. During this meeting, the commission shall elect a chairperson and a vice chairperson from among its members. (C) All actions of the commission must be taken by a majority of the members of the commission present and voting. (D) Members of the commission may not receive compensation, mileage, subsistence, or per diem for their service to the commission.
S.C. Code Ann. § 41-14-100 — SC Code / Title 41 / Chapter 14 / Section 41-14-100
SECTION 41-14-100. Discipline of certified inspectors; investigation of complaints and reports of violations; cease and desist orders and injunctions.
Status: in_force

The board shall discipline certified inspectors in the manner authorized by Chapter 1, Title 40. The Department of Labor, Licensing and Regulation on behalf of the board shall investigate complaints and reports of violations of this chapter as provided for in Chapter 1, Title 40. In addition to other remedies provided for in this chapter, the board in accordance with Chapter 1, Title 40 may issue a cease and desist order or may petition the Administrative Law Court for equitable relief to enjoin a violation of this chapter.
S.C. Code Ann. § 41-30-340 — SC Code / Title 41 / Chapter 30 / Article 3 / Section 41-30-340
SECTION 41-30-340. Development and publication of uniform procedures.
Status: in_force

The Director of the OSWD and the executive committee of CCWD shall develop and publish uniform procedures and guidelines for the conduct of their responsibilities and duties, including the procedure for considering and voting on recommendations of the CCWD or the director. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'."
S.C. Code Ann. § 41-35-690 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-690
SECTION 41-35-690. Exclusive procedure for appeals.
Status: in_force

The procedure provided in this chapter for appeals from a determination or redetermination to the appeal tribunal and for appeals from the tribunal, first to the Department of Employment and Workforce Appellate Panel, as established by Section 41-29-300, and afterward to the administrative law court, pursuant to Section 41-29-300(C)(1), is the sole and exclusive appeal procedure. Effect of Amendment The 2010 amendment rewrote this section, relating to appeals to the Workforce Department Appellate Panel and then to the administrative law court.
S.C. Code Ann. § 41-44-80 — SC Code / Title 41 / Chapter 44 / Section 41-44-80
SECTION 41-44-80. Redemption of qualified investment.
Status: repealed

[This section is repealed upon certification that remaining investments of private sector limited partners have been liquidated. See Editor's Note at the beginning of this Chapter.] (A) If a qualified investment which is the basis for a credit under this chapter is redeemed by the Fund or the Corporation, within five years of the date it is purchased, the credit provided by this chapter for the qualified investment is disallowed, and any credit previously claimed and allowed with respect to the qualified investment so redeemed must be paid to the Department of Revenue with the appropriate return of the taxpayer covering the period in which the redemption occurred. When payments are made to the Department of Revenue under this section, the amount collected must be handled in the same manner as if no credit had been allowed. (B) However, neither a distribution by the Fund nor dividends or other distributions by the Corporation are considered to be redemption of a qualified investment unless either the amount of qualified stock owned by the taxpayer or the qualified interest held by the taxpayer, after the distribution or dividend is less than the amount of qualified stock or qualified interest held by the taxpayer immediately prior to the distribution or dividend. Effect of Amendment The 1993 amendment in subsection (A) substituted "Department of Revenue" for "Tax Commission" and for "Commission".
S.C. Code Ann. § 41-3-110 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-110
SECTION 41-3-110. Powers of director generally.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee may subpoena witnesses, documents, take and preserve testimony, examine witnesses, administer oaths and, under proper restrictions, enter any public institution of the State or any factory, store, workshop, laundry, public eating house or mine and interrogate any person employed therein or connected therewith or the proper officers of a corporation or he may file a written or printed list of interrogatories and require full and complete answers to them to be returned, under oath, within fifteen days of the receipt of such list. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-33-810 — SC Code / Title 41 / Chapter 33 / Article 5 / Section 41-33-810
SECTION 41-33-810. Department of Employment and Workforce interest assessment fund.
Status: in_force

(A) There is hereby created in the State Treasury a special fund to be known as the Department of Employment and Workforce interest assessment fund. (B) The fund shall consist of all assessments collected pursuant to Section 41-31-55(A). (C) All money in the interest assessment fund must be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the State Treasury, except that money in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of a depository bank. They shall be secured by such bank or banks by such securities or surety bond as required by law of depositories of state funds. (D) All monies which are deposited or paid into the fund are appropriated and made available to the department. All monies in this fund shall be expended solely for the purpose of defraying the cost of interest on advances from the federal Unemployment Trust Fund as provided in the Social Security Act, Section 1202(b)(3)(A). (E) Any balances in the fund shall not lapse at any time but shall be continuously available to the department for expenditure consistent with Chapters 27 through 41 of this title. The department shall issue its requisition approved by the executive director or any designated individual, officer, or agent for payment of such costs of interest 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 interest assessment fund.
S.C. Code Ann. § 41-35-390 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-390
SECTION 41-35-390. "Exhaustee" defined.
Status: in_force

"Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period: (1) Has received, prior to such week, all of the regular benefits that were payable to him under Chapters 27 through 41 of this Title or any other State law (including dependents' allowances and regular benefits payable to Federal civilian employees and ex-servicemen under 5 U.S.C. Chapter 85) in his current benefit year that includes such week; or (2) Has received, prior to such week, all of the regular benefits that were available to him under Chapters 27 through 41 of this Title or any other State law (including dependents' allowances and regular benefits available to Federal civilian employees and ex-servicemen under 5 U.S.C. Chapter 85) in his current benefit year that includes such week, after the cancellation of some or all of his wage credits or the total or partial reduction of his right to regular benefits; Provided, that, for the purposes of items (1) and (2), an individual shall be deemed to have received in his current benefit year all of the regular benefits that were payable to him, or available to him, as the case may be, even though (a) as a result of a pending appeal with respect to wages or employment, or both, that were not included in the original monetary determination with respect to his current benefit year, he may subsequently be determined to be entitled to more regular benefits; or (b) by reason of the seasonal provisions promulgated pursuant to Section 41-35-90, or the seasonal provisions of another State law, he is not entitled to regular benefits with respect to such week of unemployment (although he may be entitled to regular benefits with respect to future weeks of unemployment in the next season or off season, as the case may be, in his current benefit year), and he is otherwise an exhaustee within the meaning of this section with respect to his right to regular benefits under such State law seasonal provisions during the season or off season in which that week of unemployment occurs; or (c) having established a benefit year, no regular benefits are payable to him during such year because his wage credits were cancelled or his right to regular benefits was totally reduced as the result of the application of a disqualification; or (3) His benefit year having ended prior to such week, he has insufficient wages or employment, or both, on the basis of which he could establish in any state a new benefit year that would include such week, or having established a new benefit year that includes such week, he is precluded from receiving regular benefits by reason of the provision in Section 41-35-50 which meets the requirement of Section 3304 (a) (7) of the Federal Unemployment Tax Act, or the similar provision in any other State law; and (4)(a) Has no right for such week to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Act of 1974, and such other Federal laws as are specified in regulations issued by the U. S. Secretary of Labor; and (b) Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada or the Virgin Islands; but if the individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under such law, the individual shall be considered an exhaustee if the other provisions of this definition are met: Provided, however, that the reference in this paragraph to the Virgin Islands shall be inapplicable effective on the day after the date on which the Secretary of Labor approves under Section 3304(a) of the Internal Revenue Code of 1954, an unemployment compensation law submitted to the Secretary by the Virgin Islands for approval.
S.C. Code Ann. § 41-43-120 — SC Code / Title 41 / Chapter 43 / Section 41-43-120
SECTION 41-43-120. Authority bonds to constitute lawful fiduciary investment.
Status: in_force

It is lawful for executors, administrators, guardians, committees, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this act. Nothing contained in this section is construed as relieving any person from the duty of exercising reasonable care in selecting securities.
S.C. Code Ann. § 41-43-110 — SC Code / Title 41 / Chapter 43 / Section 41-43-110
SECTION 41-43-110. Issuance of bonds; utilization of proceeds.
Status: in_force

(A) The authority may issue bonds to provide funds for any program authorized by this chapter. The bonds authorized by this chapter are limited obligations of the authority. The principal and interest are payable solely out of the revenues derived by the authority. The bonds issued do not constitute an indebtedness of the State or the authority within the meaning of any state constitutional provision or statutory limitation. They are an indebtedness payable solely from a revenue producing source or from a special source that does not include revenues from any tax or license. The bonds do not constitute nor give rise to a pecuniary liability of the State or the authority or a charge against the general credit of the authority or the State or taxing powers of the State and this fact must be plainly stated on the face of each bond. The bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in coupon or registered form, may be payable in such installments and at such time, may be subject to terms of redemption, may be payable at such place, may bear interest at such rate payable at such place and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which are provided in the resolution of the authority authorizing the bonds. Subject to approval by the South Carolina Coordinating Council for Economic Development as to their issuance and sale, any bonds issued under this section may be sold at public or private sale as may be determined to be most advantageous. The bonds may be sold at public or private sale and, if by private sale, the authority shall designate the syndicate manager or managers. The authority may pay all expenses, premiums, insurance premiums, and commissions which it considers necessary from proceeds of the bonds or program funds in connection with the sale of bonds. The interest rate of bonds issued pursuant to this section is not subject to approval by the South Carolina Coordinating Council for Economic Development. The authority shall report its activities undertaken pursuant to this subsection to the Joint Bond Review Committee. The report shall be due annually on July thirty-first. The authority also shall publish on its website a complete list of bonds authorized by the authority pursuant to this subsection. The list shall include information concerning the authorized bonds that the authority deems relevant. (B) The resolution under which the bonds are authorized to be issued or any security agreement, including an indenture or trust indenture to be entered into in connection therewith, may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting, provisions respecting the fixing and collection of obligations, the creation and maintenance of special funds, and the rights and remedies available, in the event of default, to the bondholders or to the trustee under such security agreement as the authority considers advisable. In making such agreements the authority does not have the power to obligate itself except with respect to program funds and cannot incur a pecuniary liability or a charge upon the general credit of the authority or of the State or against the taxing powers of the State. The resolution of the authority authorizing any bonds and any security agreement securing bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or security agreement, the payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect any obligations and to apply any revenues pledged in accordance with such proceedings or the provisions of the security agreement. Any security agreement may provide also that, in the event of default in payment or the violation of any agreement contained in the security agreement, it may be foreclosed by proceedings at law or in equity, and may provide that any trustee under the security agreement or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale, if he is the highest bidder. No breach of any such agreement may impose any pecuniary liability upon the State or the authority or any charge upon the general credit of the authority or of the State or against the taxing power of the State. Subject to the approval of the State Treasurer, the trustee under any security agreement, or any depository specified by the security agreement, may be such person or corporation as the authority may designate, notwithstanding that he may be a nonresident of South Carolina or incorporated under the laws of the United States or any of the states. Monies in the funds and accounts held by the trustee shall be invested or deposited by the trustee. (C) Any bonds that are outstanding may at any time be refunded by the authority by the issuance of its refunding bonds in an amount as the authority considers necessary but not to exceed an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest thereon and any premiums, expenses, and commissions necessary to be paid. The refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of any bonds to be refunded cannot be compelled to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. All refunding bonds issued under this section are payable in the same manner and under the same terms and conditions as are provided for the issuance of bonds. (D) The proceeds from the sale of any bonds must be applied only for the purpose for which the bonds were issued. Any accrued interest received in any such sale must be applied to the payment of the interest on the bonds sold. If for any reason any portion of the proceeds is not needed for the purpose for which the bonds were issued, the unneeded portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds. Effect of Amendment The 1992 amendment in subsection (A), in the first two sentences changed "this act" to "this chapter"; from the end of the last sentence deleted "under SECTION 11-9-350 of the 1976 Code"; and made grammatical changes. The 2004 amendment, in subsection (D), in the second sentence deleted "premium and" preceding "accrued interested" and deleted "principal of or the" preceding "interest on the bonds sold". 2014 Act No. 121, SECTION 24.B, in subsection (A), substituted "approval by the State Fiscal Accountability Authority as to their issuance and sale" for "Budget and Control Board approval" in the eight sentence; and in the last sentence, deleted "not" before "subject to approval" and substituted "Fiscal Accountability Authority" for "Budget and Control Board". 2017 Act No. 80, SECTION 2, in (A), substituted "Subject to approval by the South Carolina Coordinating Council for Economic Development" for "Subject to approval by the State Fiscal Accountability Authority" and "interest rate of bonds issued pursuant to this section is not subject to approval by the South Carolina Coordinating Council for Economic Development" for "interest rate of bonds issued pursuant to this section is subject to approval by the State Fiscal Accountability Authority", and added provisions requiring the authority to annually report related activities to the Joint Bond Review Committee and publish on its website a complete list of bonds authorized.
S.C. Code Ann. § 41-29-310 — SC Code / Title 41 / Chapter 29 / Section 41-29-310
SECTION 41-29-310. Workforce Investment Act transferred to Department of Employment and Workforce.
Status: in_force

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 Employment and Workforce on the effective date of this section.
S.C. Code Ann. § 41-31-620 — SC Code / Title 41 / Chapter 31 / Article 5 / Section 41-31-620
SECTION 41-31-620. Election to make payments in lieu of contributions.
Status: in_force

Any nonprofit organization which, pursuant to item (6) of Section 41-27-210, is, or becomes, subject to Chapters 27 through 41 of this title after December 31, 1971, shall pay contributions under provisions of Section 41-31-10 unless it elects, in accordance with this section, to pay the department for the unemployment fund an amount equal to the amount of regular benefits and one-half the extended benefits paid for any reason, including, but not limited to, payments made as a result of a determination, or payments erroneously or incorrectly paid, or paid as a result of a determination of eligibility or partial eligibility which is subsequently reversed for any reason, if the payments or any portion of the payments were made as a result of wages earned in the employ of the nonprofit organization. After January 1, 1979, the State or any political subdivision or any instrumentality of the political subdivision as defined in subitem (b) of item (2) of Section 41-27-230 is required to reimburse the amount of regular benefits and all extended benefits paid for any reason, including, but not limited to, payments made as a result of a determination, or payments erroneously or incorrectly paid, or paid as a result of a determination of eligibility or partial eligibility which is subsequently reversed for any reason, if the payments or any portion of the payments were made as a result of wages earned in its employ during the effective period of the elections. (1) Any nonprofit organization which is, or becomes, subject to Chapters 27 through 41 of this title on January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with January 1, 1972, provided, it files with the department a written notice of its election within the thirty-day period immediately following that date. (2) Any nonprofit organization which becomes subject to Chapters 27 through 41 of this title after January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with the date on which the subjectivity begins by filing a written notice of its election with the department not later than thirty days immediately following the date of the determination of the subjectivity. (3) Any nonprofit organization which makes an election in accordance with item (1) or item (2) of this section will continue to be liable for payments in lieu of contributions until it files with the department a written notice terminating its election not later than thirty days prior to the beginning of the calendar year for which the termination is first effective. (4) Any nonprofit organization which has been paying contributions under Chapters 27 through 41 of this title for a period subsequent to January 1, 1972, may change to a reimbursable basis by filing with the department not later than thirty days prior to the beginning of any calendar year a written notice of election to become liable for payments in lieu of contributions. The election is not terminable by the organization for that and the next calendar year. (5) The department may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid after December 31, 1969. (6) The department, in accordance with the regulations as may be prescribed, shall notify each nonprofit organization of any determination made with respect to its status as an employer and of the effective date of any election which it makes and of any termination of the election. The determinations are subject to reconsideration, appeal, and review in accordance with the provisions of item (5) of Section 41-31-630. Effect of Amendment The 2010 amendment substituted "department" for "Commission" throughout.
S.C. Code Ann. § 41-5-120 — SC Code / Title 41 / Chapter 5 / Section 41-5-120
SECTION 41-5-120. Definitions.
Status: in_force

As used in this chapter: (1) "Competitive integrated employment" means work in the competitive labor market that is: (a) performed on a full-time or part-time basis in an integrated setting; and (b) for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals without disabilities. (2) "Integrated setting" means, with respect to an employment outcome, a setting typically found in the community in which employed individuals with disabilities interact with individuals without disabilities, other than individuals who are providing services to employees with disabilities, to the same extent that individuals without disabilities in comparable positions interact with other people.
S.C. Code Ann. § 41-31-390 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-390
SECTION 41-31-390. Issuance of warrant of execution for collection.
Status: in_force

(A) If an employer defaults in any payment of contributions, interest, penalties, or departmental administrative contingency assessments, the department shall notify the employer of the amount of contributions, interest, penalties, or departmental administrative contingency assessments due. If the amount is not paid within ten days after notice to the employer, the department shall issue a warrant of execution, directed to its authorized representative, commanding the representative to levy upon and sell the real and personal property of the employer found within that county for the payment of the amount, with interest, the cost of executing the warrant, and any reasonable costs incurred in collecting these amounts, to return the warrant to the department and to pay it the money collected. (B) The department may contract with a collection agency or the Department of Revenue for the purpose of collecting delinquent payments of contributions, interest, penalties, departmental administrative contingency assessments, and any other reasonable costs authorized by subsection (A). (C) The department shall promulgate regulations to carry out the provisions of this section. Effect of Amendment The 1986 amendment added provisions making this section applicable to defaults in payments of penalties and employment security administrative contingency assessments and made grammatical changes. The 1994 amendment revised subsection (A) and added (B), so as to authorized the sheriff or tax collector to collect any costs incurred in collecting employment security contributions and authorized the sheriff or tax collector to contract with a collection agency to collect all costs and amounts. The 1999 amendment, in subsections (A) and (B), changed references to the sheriff or tax collector to references to the commission or its authorized representative; and added subsection (C). The 2010 amendment substituted "departmental" for "employment security" and "department" for "commission" throughout.
S.C. Code Ann. § 41-5-140 — SC Code / Title 41 / Chapter 5 / Section 41-5-140
SECTION 41-5-140. Coordination of efforts to support competitive and integrated employment of individuals with disabilities; sharing data; rules and regulations.
Status: in_force

All state agencies are encouraged to: (1) coordinate efforts and collaborate within and among themselves to ensure that state programs, policies, procedures, and funding support the competitive and integrated employment of individuals with disabilities; (2) share data and information across systems in order to track progress toward full implementation of this chapter, whenever feasible, and in accordance with all applicable state and federal confidentiality laws; and (3) adopt rules and promulgate regulations to implement the provisions of this chapter.
S.C. Code Ann. § 41-29-240 — SC Code / Title 41 / Chapter 29 / Section 41-29-240
SECTION 41-29-240. Cooperation with Railroad Retirement Board and other federal agencies.
Status: in_force

The department 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, copies of this record as the Railroad Retirement Board considers necessary for its purposes. The department may afford reasonable cooperation with an agency of the United States charged with the administration of an unemployment insurance law. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-27-170 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-170
SECTION 41-27-170. Benefits.
Status: in_force

"Benefits" means the money payments payable to an individual as provided in Chapters 27 through 41 of this Title with respect to his unemployment.
S.C. Code Ann. § 41-10-100 — SC Code / Title 41 / Chapter 10 / Section 41-10-100
SECTION 41-10-100. Prohibition against private agreements that contravene chapter.
Status: in_force

No provision of this chapter may be contravened or set aside by a private agreement.
S.C. Code Ann. § 41-8-110 — SC Code / Title 41 / Chapter 8 / Section 41-8-110
SECTION 41-8-110. Exemption from civil action for wrongful termination.
Status: in_force

A private employer who terminates an employee to comply with the provisions of this chapter shall not be subject to a civil action for wrongful termination of the employee under Section 41-1-30 or as otherwise provided for by law.
S.C. Code Ann. § 41-27-720 — SC Code / Title 41 / Chapter 27 / Article 7 / Section 41-27-720
SECTION 41-27-720. Duties of committee.
Status: in_force

The committee shall: (1) nominate three qualified applicants for the Governor to consider in appointing the executive director. In order to be found qualified, the person must meet the minimum requirements as provided in Section 41-29-35. The committee must consider a person's experience and expertise in matters related to unemployment, workforce development, and economic development. A person may not be appointed to serve as the permanent executive director unless he is found qualified by the committee. If the Governor rejects all of the nominees, the committee must reopen the nominating process; (2) screen Department of Employment and Workforce Appellate Panel candidates for qualifications. In order to be found qualified, the person must meet the minimum requirements as provided in Section 41-29-300(E). The committee must consider a person's experience and expertise in matters related to unemployment, workforce development, and economic development. A person may not be elected to serve on the Department of Employment and Workforce Appellate Panel unless he is found qualified by the committee; (3) conduct an annual performance review of the executive director, which must be submitted to the General Assembly and the Governor. A draft of the executive director's performance review must be submitted to him, and the executive 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 and the Governor; (4) submit to the General Assembly and the Governor, on an annual basis, the committee's evaluation of the performance of the Department of Employment and Workforce. A proposed draft of the evaluation must be submitted to the Executive Director of the Department of Employment and Workforce before submission to the General Assembly and the Governor, and the Executive Director of the Department of Employment and 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 and the Governor; (5) assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the executive director and employees of the Department of Employment and Workforce as the committee considers appropriate; (6) make reports and recommendations to the General Assembly and the Governor 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 Employment and Workforce, indicating the committee has reviewed the proposals; and (8) undertake additional studies or evaluations as the committee considers necessary.
S.C. Code Ann. § 41-3-130 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-130
SECTION 41-3-130. Solicitors and prosecuting attorneys shall prosecute violations.
Status: in_force

The solicitor of the circuit or the prosecuting attorney of the city court, upon the request of the Director of the Department of Labor, Licensing and Regulation or his designee, or any of his assistants or deputies, shall prosecute any violation of law which it is the duty of the director or his designee to enforce. Effect of Amendment The 1993 amendment and substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor" and "director or his designee" for "Commissioner".
S.C. Code Ann. § 41-3-610 — SC Code / Title 41 / Chapter 3 / Article 6 / Section 41-3-610
SECTION 41-3-610. Commissioner of Labor to mean Director of Department of Labor, Licensing and Regulation; Department of Labor to mean Division of Labor; division to mean subdivision; contested matters appealable to administrative law judge.
Status: in_force

Wherever in any other chapter of Title 41 the term Commissioner of Labor appears or is used, it is considered to mean the Director of the Department of Labor, Licensing and Regulation or his designee. Wherever in any other chapter of Title 41 the term Department of Labor appears or is used, it is considered to mean the Division of Labor, that is, a division of the Department of Labor, Licensing and Regulation. Wherever in any other chapter of Title 41 the term division appears or is used with reference to a division of the former Department of Labor, it is considered to mean a subdivision of the Division of Labor. Any contested case or matter heard or decided by the former Commissioner of Labor, his designee, or any other employee of the former Department of Labor may be appealed to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. Effect of Amendment The 1994 amendment provided that any contested matter heard by the former commissioner of labor may be appealed to an administrative law judge rather than the OSHA Review Board.
S.C. Code Ann. § 41-5-180 — SC Code / Title 41 / Chapter 5 / Section 41-5-180
SECTION 41-5-180. Guidance and expertise of stakeholders.
Status: in_force

The commission may seek the guidance and expertise of all stakeholders, including individuals with disabilities, organizations that advocate on behalf of individuals with disabilities, providers of services to individuals with disabilities, local government, and business associations.
S.C. Code Ann. § 41-13-20 — SC Code / Title 41 / Chapter 13 / Section 41-13-20
SECTION 41-13-20. Oppressive child labor practices prohibited; Director of the Department of Labor, Licensing and Regulation or his designee to promulgate regulations.
Status: in_force

No employer in this State shall engage in any oppressive child labor practices. The Director of the Department of Labor, Licensing and Regulation or his designee shall promulgate regulations pursuant to Sections 1-23-10 et seq. which will prohibit and prevent such oppressive child labor practices provided that such regulations shall not be more restrictive or burdensome than applicable federal laws or regulations. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-10-90 — SC Code / Title 41 / Chapter 10 / Section 41-10-90
SECTION 41-10-90. Actions for collection of penalties; deposit of amounts collected.
Status: in_force

In each case where a civil penalty assessed under subsection (A) or (B) of Section 41-10-80 is not paid within sixty days the Director of the Department of Labor, Licensing and Regulation or his designee shall bring an action against the assessed employer for collection of the penalty. Any amounts collected must be turned over to the State Treasurer for deposit in the general fund of the State. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-18-30 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-30
SECTION 41-18-30. Applicability; exceptions.
Status: in_force

(A) This chapter applies to amusement devices at carnivals, fairs, and amusement parks where an admission or fee is customarily or usually charged located within the State or at other places open to the public and to the managers of these devices, to the persons employed in connection with these devices, and to their employees. (B) This chapter does not apply to single passenger, coin-operated, manually, mechanically, or electrically operated rides, except where admission is charged for the use of the equipment, and this chapter may not be construed so as to limit the right of a person to conduct any hotel, restaurant, or eating place at an amusement park. (C) This chapter does not apply to air-supported structures. (D) This chapter applies to concession go-karts. This chapter does not apply to super-karts, provided that: (1) Only persons age eighteen or above who hold a valid driver's license are allowed to operate super-karts. (2) No person shall operate a super-kart in any establishment where other amusement devices are located or operated. Establishments offering super-karts must not share an entrance or exit with any other establishment offering an amusement device and must charge a separate fee for operating super-karts. (3) A sign shall be on display on the premises where super-karts are operated stating: "Super-karts are not amusement devices regulated by the South Carolina Department of Labor, Licensing and Regulation. Super-karts may reach speeds in excess of fifty miles per hour. Drive at your own risk." (4) The owner of a super-kart must carry an insurance policy in an amount not less than one million dollars per occurrence against liability for injury to persons or property arising out of the operation or use of such device. Effect of Amendment The 1993 amendment, in subsection 1, added "or at other places open to the public". The 1998 amendment added subsection (C), exempting air supported structures; and made nonsubstantive changes throughout the section. 2018 Act No. 188, SECTION 1, added (D), providing that the Safety Code applies to concession go-karts but does not apply to super-karts except for certain limited purposes.
S.C. Code Ann. § 41-27-710 — SC Code / Title 41 / Chapter 27 / Article 7 / Section 41-27-710
SECTION 41-27-710. Committee membership; organization; meetings; quorum.
Status: in_force

(A) The committee must be composed of nine members, three of whom must be members of the House of Representatives appointed by the Speaker, at least one of whom must be a member of the minority party; three of whom must be members of the Senate appointed by the President of the Senate, at least one of whom must be a member of the minority party; 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 person qualified to serve as the Executive Director of the Department of Employment and Workforce, the person may not be appointed. (D) A member of the committee that misses three consecutive scheduled meetings at which a quorum is present must be removed from and replaced on the committee by the person that appointed that member. (E) The committee must discharge its duties related to screening and nominating qualified individuals for appointment by the Governor in the manner provided in Chapter 20, Title 2. Editor's Note 2010 Act No. 146, SECTION 111, provides as follows: "In making appointments and hiring decisions for positions pursuant to this act, the governing authority or individual tasked with making such appointment or hiring decision must consider race, gender, and other demographic factors to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed." Effect of Amendment 2019 Act No. 1, SECTION 54, in (A), in the first sentence, substituted "President of the Senate" for "President Pro Tempore".
S.C. Code Ann. § 41-35-110 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-110
SECTION 41-35-110. Conditions of eligibility for benefits.
Status: in_force

An unemployed insured worker is eligible to receive benefits with respect to a week only if the department finds he: (1) has made a claim for benefits with respect to that week pursuant to regulations prescribed by the department; (2) has registered for work and after work has continued to report at an employment office, except that the department, 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 regulation conflicts with Sections 41-35-10 or 41-35-30; (3) is able to work and is available for work at his usual trade, occupation, or business or in another trade, occupation, or business for which he is qualified based on his prior training or experience; is available for 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 another provision of Chapters 27 through 41 of this title, an otherwise eligible individual may not be denied a benefit with respect to a week in which he is in training with the approval of the department by reason of the application of the provision of this section relating to availability for work and an active search for work; (b) a claimant may not be eligible to receive a benefit or waiting period credit if engaged in self-employment of a nature to return or promise remuneration in excess of the weekly benefit amounts he would have received if otherwise unemployed over this period of time; (c) no claimant shall 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, has maintained on-going weekly contact with the agency after completion of the assignment, 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) has been unemployed for a waiting period of one week, but a week may not be counted as a week of unemployment for the purposes of this paragraph: (a) unless it occurs within the benefit year that included the week with respect to which he claims payment of a benefit; (b) if a benefit has been paid with respect to it; and (c) unless the individual was eligible for a benefit with respect 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) has separated, through no fault of his own, from his most recent bona fide employer; provided, however, the term "most recent bona fide employer" means the work or employer from which the individual separated regardless of work subsequent to his separation in which he earned less than eight times his weekly benefit amount; and (6) participates in reemployment services, such as job search assistance services, if he is determined to be likely to exhaust regular benefits and need a reemployment service pursuant to a profiling system established by the department, unless the department determines: (a) the individual has completed such services; or (b) there is justifiable cause for the claimant's failure to participate in those services. Effect of Amendment The 1994 amendment added paragraph (6). The 2010 amendment substituted "department" for "Commission" throughout this section; added subparagraph (3)(c), relating to temporary work assignments; and made other nonsubstantive changes throughout the section.
S.C. Code Ann. § 41-27-235 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-235
SECTION 41-27-235. Employment by Native American tribes; benefits; contributions.
Status: in_force

(A) The term "employment" means service performed in the employ of a Native American tribe, as defined in Section 3306(u) of the Federal Unemployment Tax Act (FUTA), if the service is excluded from "employment" as defined in FUTA solely by reason of Section 3306(C)(7), FUTA, and is not otherwise excluded from "employment" under this title. (B) Benefits based on service in employment defined in this section are payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject under this title. (C)(1) Native American tribes or tribal units including subdivisions, subsidiaries, or business enterprises wholly owned by such tribes subject to this title shall pay contributions under the same terms and conditions as all other subject employers, unless they elect to pay into the state unemployment trust fund amounts equal to the amount of benefits attributable to service in the employ of the Native American tribe or tribal unit including all extended benefits paid for any reason. (2) A Native American tribe or tribal unit that elects to pay a benefit attributable to service in their employ but fails to reimburse the required payment, including an interest and penalty assessment, within ninety days of the receipt of a bill, causes the Native American tribe to lose the option to make a payment in lieu of a contribution for the following tax year unless payment in full is received before the contribution rates for the next year are computed. The department shall notify the United States Internal Revenue Service and the United States Department of Labor of a tribe or tribal unit's failure to make a required payment within ninety days of a final notice of delinquency. (3) A Native American tribe that loses the option to make payments in lieu of contributions shall have that option reinstated if, after a period of one year, all contributions have been paid on a timely basis and no contributions, payments in lieu of contributions, penalties, or interest remain outstanding. Effect of Amendment The 2004 amendment in subsections (C)(2) and (3) deleted "or tribal unit" following "Native American tribe". The 2010 amendment in subparagraph (C)(2) substituted "department" for "commission" preceding "shall notify the United States Internal Revenue Service"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-7-40 — SC Code / Title 41 / Chapter 7 / Section 41-7-40
SECTION 41-7-40. Deduction of labor organization membership dues from wages.
Status: in_force

Nothing in this chapter precludes an employer from deducting from the wages of the employees and paying over to a labor organization, or its authorized representative, membership dues in a labor organization; however, the employer must have received from each employee, on whose account the deductions are made, a written assignment which must not be irrevocable for a period of more than one year or until the termination date of any applicable collective agreement or assignment, whichever occurs sooner. After one year, the employee has the absolute right to revoke the written assignment allowing for deduction of membership dues in a labor union. Effect of Amendment The 2002 amendment substituted "precludes an" for "shall preclude any", "a labor organization" for "any labor organization", "however," for "provided, that", "must have" for "has", "the deductions" for "such deductions", "must" for "shall", and "until" for "beyond"; and added the last sentence.
S.C. Code Ann. § 41-31-310 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-310
SECTION 41-31-310. Time contributions accrue and become payable; contributions shall not be deducted from wages; limitation on collection actions.
Status: in_force

Contributions shall accrue and become payable by each employer for each calendar year in which he is subject to Chapters 27 through 41 of this title with respect to wages for employment. Contributions shall become due and be paid by each employer to the department for the fund in accordance with regulations promulgated by the department and shall not be deducted, in whole or in part, from the wages of the employer's employees. However, no determination and assessment of contributions, interest, or penalties shall be made, and no action for the collection of contributions, interest, and penalties shall be instituted more than four years after the last day of the month immediately following the calendar quarter for which the contributions, interest, or penalties were payable. This limitation period contained in this section does not apply to employers that wilfully fail to timely file a contribution report with the department, that knowingly make false statements to the department in a contribution report, or that intentionally fail to disclose a material fact to the department concerning a contribution report. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 41-30-530 — SC Code / Title 41 / Chapter 30 / Article 5 / Section 41-30-530
SECTION 41-30-530. Membership of executive committee; duties.
Status: in_force

(A) The executive committee of the CCWD is created and consists of the following members or their designees: (1) the Executive Director of the Department of Employment and Workforce, who shall serve as chairman; (2) the Director of the Office of Statewide Workforce Development; (3) the Secretary of the Department of Commerce; (4) the State Superintendent of Education; (5) the Executive Director of the State Board for Technical and Comprehensive Education; (6) the Executive Director of the Commission on Higher Education; and (7) the one person appointed by the Speaker of the House and the one person appointed by the Senate President to the full CCWD in Section 41-30-520(30). (B) The executive committee: (1) shall review and vote on recommendations made by the CCWD or Director of OSWD; (2) shall review and approve any actions proposed to be undertaken by the CCWD including adoption or modification of the USP or any provision of the USP; and (3) may recommend the appropriate actions necessary to eliminate duplicative programs and workforce activities that do not further the USP, improve programs not meeting stated performance targets, and, when necessary and to the extent not prohibited in law, recommend that entities discontinue programs that repeatedly do not meet targets or may no longer be needed. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'."
S.C. Code Ann. § 41-27-370 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-370
SECTION 41-27-370. Unemployed.
Status: in_force

(1) An individual is considered "unemployed" in a week during which he performs no services and with respect to which no wages are payable to him or in a week of less than full-time work if the wages payable to him with respect to that week are less than his weekly benefit amount. The department 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 department considers necessary. (2) An individual is considered "unemployed" in a week during which no governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment attributable to his employment is payable to him or, if that payment is payable to him with respect to those weeks, the amount of it is less than his weekly benefit amount. An eligible individual who is unemployed in a week and is receiving a government or other pension, retirement or retired pay, annuity, or other similar periodic payment attributable to his employment must be paid with respect to 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. 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 a week that begins after the effective date of the applicable provision in the Federal Unemployment Tax Act and that begins in a period with respect to which this individual is receiving a governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment based on the previous work of the individual must be reduced not below zero but by an amount equal to the amount of 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 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 a pension, retirement or retired pay, annuity, or other similar plan of the base period employer or chargeable employer by having made contributions to this plan, the weekly benefit amount payable to the individual for that week must be reduced, but not below zero, by: (a) the prorated 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) 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) the entire prorated weekly amount of the pension if subitem (a) or (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 fifty to zero percent based on the fact that individuals are required to contribute to social security. (3) An individual may not be considered unemployed in a week in which the department 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 does not apply to a claimant whose employer fails to comply, in respect to the vacation period, with the requirements of a regulation or procedure of the department regarding the filing of a notice, report, information, or claim in connection with individual, group, or mass separation arising from the vacation. (4) An individual may not be considered unemployed in a week, not to exceed two in any benefit year, in which the department finds his unemployment is due to a vacation week 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 written vacation policy for his employees. This provision applies only if the department 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 a claimant whose employer fails to comply, in respect to this vacation period, with the requirements of a regulation or procedure of the department regarding the filing of a notice, report, information, or claim in connection with an individual, group, or mass separation arising from the vacation, provided that filing requirements imposed pursuant to such a regulation or procedure of the department do not apply to employers in this State with fewer than fifty employees. Effect of Amendment The 2000 amendment, in subsection (2), added the fourth undesignated paragraph pertaining to consideration of social security benefits. The 2010 amendment substituted "department" for all occurrences of "commission"; and made other nonsubstantive changes. 2018 Act No. 205, SECTION 1, in (4), in the second sentence, substituted "written vacation policy for his employees" for "vacation policy and practice to his employees", and in the third sentence, added ", provided that filing requirements imposed pursuant to such a regulation or procedure of the department do not apply to employers in this State with fewer than fifty employees" at the end.
S.C. Code Ann. § 41-18-60 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-60
SECTION 41-18-60. Application for permit; duration; revocation.
Status: in_force

(A) Before commencement of the operation of a permanent or temporary device, the owner or lessee shall make written application to the director for a permit to operate. The permit is valid for a period of up to one year expiring on December thirty-first of the year issued. (B) No temporary device may be used at any time or location unless prior notice of intent to use the device has been given to the director. Notice of planned schedules must: (1) be in writing; (2) identify the temporary device; (3) state the intended dates and locations of use; and (4) be mailed to the director at least seven days before the first intended date of use. However, the director may waive the requirements enumerated in this subsection. (C) A permit to operate must be issued to the owner or lessee of an amusement device when: (1) written application has been made to the director; (2) the amusement device has passed all required inspections; (3) the liability insurance required by Section 41-18-90 has been met in the amount prescribed. (D) The director may revoke a permit issued pursuant to this chapter if it is determined that an amusement device is: (1) being operated without the inspections required by Sections 41-18-70 and 41-18-80; (2) being operated without the insurance required by Section 41-18-90; (3) being operated with a mechanical, electrical, structural, design, or other defect which presents an excessive risk of serious injury to passengers, bystanders, operators, or attendants; (4) being operated without the required documentation or paperwork; or (5) being operated in a manner contrary to the operating fact sheets. (E) Any other violation of this chapter may result in a revocation, if written notice of noncompliance is served upon the owner specifying a violation of this chapter and directing the owner to correct the violations within the period specified by the director. If the owner and the department fail to agree that the violations referred to in this section have been corrected, the department shall give notice of and provide a hearing for the owner to determine whether compliance has been met. The Administrative Procedures Act governs contested cases of this nature and any other contested cases arising under this chapter. (F) Nothing in this chapter prevents an owner whose permit to operate an amusement device has been revoked pursuant to this section from reapplying for a permit in accordance with this chapter, except as otherwise specifically provided in this chapter. Upon application to have a revoked permit reinstated under this section, the department shall inspect the amusement ride in question as promptly as practicable, but in no case more than seventy-two hours after the submission of the application. Effect of Amendment The 1993 amendment, in subsection 1 replaced "one year" with "up to one year expiring on December thirty-first of the year issued"; in subsection 2 changed 15 days to 7 days; in subsection 4, paragraph (c) added "electrical", "or other" preceding "defect", and "bystanders, operators, or attendants" and added paragraphs (d) and (e); in subsection 5, in the first sentence substituted "the period specified by the commissioner" for "thirty days of receipt of the notice", and after "1977" added "as amended"; and in subsection 6 replaced "practical" with "practicable". The 1998 amendment substituted "director" for "commissioner" throughout the section, and made nonsubstantive changes.
S.C. Code Ann. § 41-1-120 — SC Code / Title 41 / Chapter 1 / Section 41-1-120
SECTION 41-1-120. Establishing independent contractor status between nonprofit youth sports organization and coach; written agreement; disclosures.
Status: in_force

(A) Notwithstanding another provision of law, a written agreement between a nonprofit youth sports organization and a coach which specifies that the coach is an independent contractor and not an employee of the nonprofit youth sports organization and also which otherwise satisfies the requirements of this section constitutes conclusive evidence that the relationship between the nonprofit youth sports organization and the coach is that of an independent contractor relationship rather than an employment relationship for the purposes of this section, and that the nonprofit youth sports organization consequently is not obligated to: (1) secure compensation for the coach pursuant to the workers' compensation law; and (2) withhold federal and state income taxes from money paid to the coach for services he provides to the organization pursuant to the contract. (B) A written agreement provided in subsection (A) must contain a conspicuously located disclosure appearing in bold-faced, underlined, or large type. This agreement must be acknowledged by the parties as indicated by their signatures, initials, or other means to evince that the parties have read and understand the disclosure. This disclosure clearly must state that the coach is: (1) an independent contractor and not an employee of the nonprofit youth sports organization for the purposes listed in subsection (A)(1) and (2); (2) not entitled to workers' compensation benefits in connection with his or her contract with the nonprofit youth sports organization; and (3) obligated to pay federal and state income tax on any money paid pursuant to the contract for coaching services, and that as a consequence the nonprofit youth sports organization will not withhold any amounts from the coach for purposes of satisfying the coach's income tax liability. (C) A written agreement between a nonprofit youth sports organization and a coach formed pursuant to this subsection may not, in and of itself, be construed as conclusive evidence that an independent contractor relationship exists for purposes of required coverage under the state unemployment compensation law or any civil action instituted by a third party. (D) As used in this section, "nonprofit youth sports organization" means an organization that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and is primarily engaged in conducting organized sports programs for persons under twenty-one years of age.
S.C. Code Ann. § 41-16-150 — SC Code / Title 41 / Chapter 16 / Section 41-16-150
SECTION 41-16-150. General duties of owner.
Status: in_force

Every facility must be maintained by the owner in a safe operating condition and in conformity with the regulations promulgated by the Director.
S.C. Code Ann. § 41-25-80 — SC Code / Title 41 / Chapter 25 / Section 41-25-80
SECTION 41-25-80. Confidentiality of records and files.
Status: in_force

Private personnel placement service information is confidential and must be considered and protected as follows: All records and files of the private personnel placement service of all applicants, all customers, all job orders, which include their names, addresses, telephone numbers, and all related data for each, is confidential and belongs to the firm regardless of the medium on which it is recorded. The improper use or removal from the firm of all or any part of this data by a current or former employee is prohibited without written authority from the owner of the private personnel placement service and its use by a former employee is prohibited for a period of one hundred eighty days from the date of that person's separation from the firm.
S.C. Code Ann. § 41-27-20 — SC Code / Title 41 / Chapter 27 / Article 1 / Section 41-27-20
SECTION 41-27-20. Declaration of state public policy.
Status: in_force

Without intending that this section shall supersede, alter or modify the specific provisions contained in Chapters 27 through 41 of this Title, but as a guide to the interpretation and application of Chapters 27 through 41 of this Title, the public policy of this State is declared to be as follows: Economic insecurity due to unemployment is a serious menace to health, morals and welfare of the people of this State; involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which so often falls with crushing force upon the unemployed worker and his family; the achievement of social security requires protection against this greatest hazard of our economic life; this can be provided by encouraging the employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The General Assembly therefore declares that in its considered judgment the public good and the general welfare of the citizens of this State require the enactment of this measure, under the police powers of the State, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
S.C. Code Ann. § 41-8-140 — SC Code / Title 41 / Chapter 8 / Section 41-8-140
SECTION 41-8-140. Retention and use of funds collected.
Status: in_force

All amounts collected pursuant to this chapter shall be retained by the director and must be used to fund the costs of implementing and enforcing the provisions of this chapter.
S.C. Code Ann. § 41-31-40 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-40
SECTION 41-31-40. Base rate computation periods.
Status: in_force

Each employer's base rate for the twelve months commencing January first of any calendar year is determined in accordance with Section 41-31-50 on the basis of his record up through June thirtieth of the preceding calendar year, but no employer's base rate is less than the rate applicable for rate class twelve until there have been twelve consecutive months of coverage after first becoming liable for contributions under Chapters 27 through 41 of this title. Each employer who completes twelve consecutive calendar months of coverage after first becoming liable for contributions during the current calendar year shall have a base rate computed on the basis of his record up through the next occurring June thirtieth, with that base rate being effective for the next calendar year beginning in January. Effect of Amendment The 1986 amendment made grammatical changes and lowered the minimum rate applicable to employers until there have been 24 consecutive months of coverage after initial liability for contributions. The 1999 amendment changed "rate" to "base rate" throughout. The 2002 amendment rewrote the section. The 2010 amendment in the first sentence substituted "the rate applicable for rate class thirteen" for "two and sixty-four hundredths percent", and deleted "under the chapters" after "contributions" in the second sentence. The 2011 amendment in the first sentence substituted "through June thirtieth" for "to July first" and "class twelve" for "class thirteen".
S.C. Code Ann. § 41-41-45 — SC Code / Title 41 / Chapter 41 / Section 41-41-45
SECTION 41-41-45. Improper unemployment compensation payments.
Status: in_force

(A) Notwithstanding any other provision of law, if the department determines that an improper payment from its unemployment compensation fund or from any federal unemployment compensation fund was made to any individual due to a false statement or failure to disclose a material fact pursuant to Sections 41-41-10 and 41-41-20, the department will assess a monetary penalty of thirty-three percent of the amount of the overpayment. (B) The notice of the determination or decision informing the individual of the overpayment must include: (1) the claimant's appeal rights; (2) the penalty amount; (3) an explanation of the reason for the overpayment; and (4) the reason the penalty has been applied. (C) The recovered amounts shall be applied with priority to: (1) the principal amount of the overpayment to the unemployment compensation fund; (2) sixty percent of the monetary penalty to the unemployment compensation fund; (3) the remaining forty percent of the monetary penalty to promote unemployment compensation integrity; and (4) any remaining amounts to interest. (D) Offset of future unemployment insurance benefits shall not be applied to the monetary penalty or interest associated with an overpayment. (E) The monetary penalty will be assessed on any fraudulent overpayment determined by the department. Effect of Amendment 2015 Act No. 77, SECTION 2, in (A), substituted "thirty-three percent" for "twenty-five percent"; and in (E), deleted "after October 21, 2013" at the end.
S.C. Code Ann. § 41-16-120 — SC Code / Title 41 / Chapter 16 / Section 41-16-120
SECTION 41-16-120. Exceptions or variances.
Status: in_force

The Director, pursuant to regulation, may grant exceptions and variances from the requirements of regulations promulgated for any facility. Exceptions or variances must be reasonably related to the age of the facility and may be conditioned upon a repair or modification of the facility considered necessary by the Director to assure reasonable safety. However, no exception or variance may be granted except to prevent undue hardship. These facilities are subject to orders issued pursuant to Section 41-16-110.
S.C. Code Ann. § 41-33-610 — SC Code / Title 41 / Chapter 33 / Article 5 / Section 41-33-610
SECTION 41-33-610. Department of Employment and Workforce special administration fund.
Status: in_force

(A) There is created in the State Treasury a special fund to be known as the Department of Employment and Workforce special administration fund, which 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. Money in the fund must be deposited, administered, and disbursed pursuant to the provisions of Section 41-33-420 applicable to the Department of Employment and Workforce administration fund. (B) Money deposited in the special administration fund is appropriated and made available to the department. Money in the fund must be expended solely for: (1) replacements in the Department of Employment and Workforce 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 Department of Employment and Workforce administration fund and for which federal funds are not granted by the federal government through the Secretary of Labor or its other agencies. (C) A balance in the fund shall not lapse at any time, but must be continuously available to the department for expenditure consistent with Chapters 27 through 41 of this title. The department shall issue its requisition approved by its director or his designated officer or agent for the purposes set forth 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 fund. Effect of Amendment The 2010 amendment substituted "department" for "Commission" throughout this section; redesignated subsections (a) and (b) as (A) and (B), respectively; designated the last paragraph of the section as subsection (C), and substituted "its director" for "the chairman" following "issue its requisition approved by" therein; and made other nonsubstantive changes throughout the section. The 2011 amendment four times substituted "Department of Employment and Workforce" for "Employment Security".
S.C. Code Ann. § 41-7-110 — SC Code / Title 41 / Chapter 7 / Section 41-7-110
SECTION 41-7-110. Right to work notice posting by employer permitted; requirements of posting.
Status: in_force

An employer, or a single employee of that employer with the permission of the employer, may post in a conspicuous place a notice containing the provisions of Sections 41-7-10, 41-7-20, 41-7-30, 41-7-40, 41-7-70, and 41-7-90 printed in at least fourteen point font. This notice must bear a title reading "Your Rights as a Worker in South Carolina" in at least forty-eight point font. The director or his designee shall furnish the printed form of this notice upon request or make it available electronically on the department's website.
S.C. Code Ann. § 41-1-65 — SC Code / Title 41 / Chapter 1 / Section 41-1-65
SECTION 41-1-65. Employers granted immunity from liability for disclosure of information.
Status: in_force

(A) As used in this section: (1) "Employer" means any person, partnership, for profit or nonprofit corporation, limited liability corporation, the State and its political subdivisions and their agents that employ one or more employees. As used in this definition, "agent" means any former supervisor or the employer's designee. (2) "Employee" means any person employed by an employer. (3) "Evaluation" means a written employee evaluation which was conducted by the employer and signed by the employee, including any written employee response to the evaluation, before the employee's separation from the employer and of which the employee, upon written request, shall be given a copy. (4) "Former employee" means an individual who was previously employed by an employer. (5) "Job performance" includes, but is not limited to, attendance, attitude, awards, demotions, duties, effort, evaluations, knowledge, skills, promotions, and disciplinary actions. (6) "Prospective employer" means any employer to which a prospective employee has made application, either oral or written, or forwarded a resume or other correspondence expressing an interest in employment. (7) "Prospective employee" means any person who has made an application either oral or written or has sent a resume or other correspondence to a prospective employer indicating an interest in employment. (B) Unless otherwise provided by law, an employer shall be immune from civil liability for the disclosure of an employee's or former employee's dates of employment, pay level, and wage history to a prospective employer. (C) Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current employee or former employee from a prospective employer of that employee shall be immune from civil liability for disclosure of the following information to which an employee or former employee may have access: (1) written employee evaluations; (2) official personnel notices that formally record the reasons for separation; (3) whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and (4) information about job performance. (D) This protection and immunity shall not apply where an employer knowingly or recklessly releases or discloses false information. Editor's Note 1996 Act No. 281, SECTION 2, provides: "SECTION 2. The provisions of Section 41-1-65 of the 1976 Code, as added by Section 1 of this act, shall apply to causes of action occurring on or after the effective date of this act."
S.C. Code Ann. § 41-31-360 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-360
SECTION 41-31-360. Adjustments and refunds.
Status: in_force

(A) If, not later than four years after the date on which any contributions or interest or employment security administrative contingency assessments became due, an employer who has paid the contributions or interest or employment security administrative contingency assessments shall make application for an adjustment in connection with subsequent contribution or employment security administrative contingency assessment payments or for a refund because the adjustment cannot be made and the department shall determine that the contributions or interest or employment security administrative contingency assessments or any portion was erroneously collected, the department shall make an adjustment, without interest, in connection with subsequent contribution or employment security administrative contingency assessment payments by him or, if the adjustment cannot be made, shall refund the amount from the fund. For like cause and within the same period an adjustment or refund may be made on the department's own initiative. (B) A refund or adjustment must be made in any case where the department finds that contributions or interest or employment security administrative contingency assessments were erroneously paid by an employing unit to this State upon wages earned by individuals in employment in another state. The refund or adjustment must be made upon satisfactory proof to the department that the payment of the contributions or interest or employment security administrative contingency assessments have been made to the other state. Effect of Amendment The 1986 amendment added references to employment security administrative contingency assessments and made grammatical changes. The 2010 amendment added the subsection identifiers and substituted "department" for "commission" throughout.
S.C. Code Ann. § 41-27-390 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-390
SECTION 41-27-390. Week.
Status: in_force

"Week" means calendar week or a period of seven consecutive days that the department prescribes by regulation. The department likewise may determine that a week is considered "in", "within", or "during" that benefit year which includes the greater part of that week. Effect of Amendment The 2010 amendment substituted "department" for two occurrence of "commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-33-210 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-210
SECTION 41-33-210. Management of funds upon discontinuance of unemployment trust funds.
Status: in_force

The provisions of this article to the extent that they relate to the unemployment trust fund 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 in the trust fund by this State for benefit purposes, together with this State's proportionate share of the earnings of the unemployment trust fund, from which no other state is permitted to make withdrawals. If and when the unemployment trust fund ceases to exist or a separate book account is no longer maintained, all money, properties, or securities in the trust fund belonging to the unemployment compensation fund of this State must be transferred to the treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit, and release the money, properties, or securities in a manner approved by the department in accordance with the provisions of Chapters 27 through 41 of this title. This money must be invested only in readily marketable bonds or other interest bearing obligations of the United States or of this State or a political subdivision of this State and these investments at all times must be made so that all the assets of the fund 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 department in accordance with the purposes and provisions of Chapters 27 through 41 of this title. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-7-100 — SC Code / Title 41 / Chapter 7 / Section 41-7-100
SECTION 41-7-100. Civil penalties; review and appeals.
Status: in_force

(A) An employer, labor organization, or other person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than ten thousand dollars for each offense. (B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter. (C) An employer, labor organization, or other person aggrieved by a final action of the department may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the department's decision pending completion of the appellate process. Effect of Amendment The 2012 amendment substituted "An employer, labor organization, or other person" for "A person" in subsections (A) and (C); substituted "ten thousand" for "one hundred" in subsection (A); and substituted "Court" for "Judge Division" throughout subsection (C).
S.C. Code Ann. § 41-10-70 — SC Code / Title 41 / Chapter 10 / Section 41-10-70
SECTION 41-10-70. Investigation of alleged violations; resolution of disputes.
Status: in_force

Upon written complaint of any employee alleging a violation of this chapter, the Director of the Department of Labor, Licensing and Regulation or his designee may institute an investigation of the alleged violation. If the Director of the Department of Labor, Licensing and Regulation or his designee determines that a violation exists, he shall endeavor to resolve all issues by informal methods of mediation and conciliation. Effect of Amendment The 1990 amendment deleted the "(A)" at the beginning of the former first paragraph and deleted subsection (B) relating to the commissioner's authority to decide disputes.
S.C. Code Ann. § 41-35-350 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-350
SECTION 41-35-350. "Regular benefits" defined.
Status: in_force

"Regular benefits" means benefits payable to an individual under Chapters 27 through 41 of this Title or under any other State law (including benefits payable to Federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than extended benefits and additional benefits.
S.C. Code Ann. § 41-27-550 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-550
SECTION 41-27-550. Reciprocal agreements.
Status: in_force

The department 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 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 the department considers fair and reasonable as to all affected interests and will not result in a substantial loss to the fund, and the department 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. Effect of Amendment The 2010 amendment substituted "department" for three occurrences of "commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-27-590 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-590
SECTION 41-27-590. Prosecution of criminal actions.
Status: in_force

(A) All criminal actions for violation of any provision of Chapters 27 through 41 of this title or of any rules or regulations issued pursuant thereto shall be prosecuted by the Attorney General of the State or at his request and under his direction by the solicitor of any circuit or any prosecuting attorney in any court of competent jurisdiction in the county in which the employer has a place of business or the violator resides. (B) The department must refer all cases of significant claimant and/or employer fraud to the Attorney General to determine whether to prosecute the offender. Effect of Amendment The 2010 amendment designated the existing paragraph as subsection (A); added subsection (B), relating to referral of cases of significant fraud to the Attorney General; and made other nonsubstantive changes.
S.C. Code Ann. § 41-42-30 — SC Code / Title 41 / Chapter 42 / Section 41-42-30
SECTION 41-42-30. Provisions of federal act establishing national employment system accepted by State; South Carolina Department of Employment and Workforce is cooperating state agency.
Status: in_force

The provisions of the act of Congress mentioned in Section 41-42-10 are accepted by this State, in conformity with Section 4 of that act and this State will observe and comply with the requirements of the act. The department is designated and constituted the agency of this State for the purposes of that act. Effect of Amendment The 2010 amendment substituted "department" for "South Carolina Employment Security Commission" in the second sentence; and made other nonsubstantive changes.
S.C. Code Ann. § 41-27-725 — SC Code / Title 41 / Chapter 27 / Article 7 / Section 41-27-725
SECTION 41-27-725. Powers of committee; oaths and affirmations; depositions; subpoenas.
Status: in_force

(A) The committee in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the committee's investigation. (B) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the committee 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. However, no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any 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 the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying. (C) In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the committee may issue to the person an order requiring him to appear before the committee to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the committee and shall be signed by the committee chairman. Subpoenas shall be issued to those persons as the committee may designate.
S.C. Code Ann. § 41-31-60 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-60
SECTION 41-31-60. Tax rate when delinquent report received; no reduction in tax rate class permitted when execution for unpaid tax is outstanding.
Status: in_force

(A) If on the computation date upon which an employer's tax rate is to be computed as provided in Section 41-31-40 there is a delinquent report, the tax class twenty rate must be assigned to the employer until the next computation date or until all outstanding tax reports have been filed. (B) No employer is permitted to pay his unemployment compensation tax at a reduced tax rate class for any quarter when a tax execution issued in accordance with Section 41-31-390 with respect to delinquent unemployment compensation tax for a previous quarter is unpaid and outstanding against the employer. If on the computation date upon which an employer's tax rate is computed as provided in Section 41-31-40 there is an outstanding tax execution, the tax class twenty rate must be assigned to the employer until the next computation date or until such time as all outstanding tax executions have been paid. An employer who has a department-approved installment payment agreement shall be permitted to pay its unemployment compensation tax at the annual rate as determined pursuant to Section 41-31-50. However, any such employer's tax rate shall immediately revert to the tax class twenty rate if the employer fails to make any one of the succeeding deferred payments or fails to submit any succeeding wage report and payment in a timely manner as required by the department-approved installment payment agreement. Effect of Amendment The 2011 amendment rewrote the section. 2022 Act No. 229, SECTION 2, in (A), substituted "until the next computation date or until all outstanding tax reports have been filed" for "for the period to which the computation applies". 2024 Act No. 136, SECTION 1, in (B), inserted the third and fourth sentences.
S.C. Code Ann. § 41-44-100 — SC Code / Title 41 / Chapter 44 / Section 41-44-100
SECTION 41-44-100. Forms.
Status: repealed

[This section is repealed upon certification that remaining investments of private sector limited partners have been liquidated. See Editor's Note at the beginning of this Chapter.] The corporation shall complete forms prescribed by the appropriate commission which must show as to each qualified investment in the fund: (1) the name, address, and identification number of the taxpayer who purchased a qualified investment; and (2) the nature of the qualified investment purchased by the taxpayer and the amount paid for it. These forms must be filed with the appropriate commission on or before the fifteenth day of the third month following the month in which the qualified investment is purchased. Copies of the forms to be provided to the appropriate commission must be mailed to the taxpayer on or before the fifteenth day of the second month following the month in which the qualified investment is purchased. Effect of Amendment The 1990 amendment changed the references to the "Tax Commission" to the "appropriate commission."
S.C. Code Ann. § 41-27-150 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-150
SECTION 41-27-150. Base period.
Status: in_force

(A) Except as provided in subsection (B), "base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year. However, in the case of a combined wage claim filed by an individual in accord with an arrangement entered into by the department pursuant to the provisions of Section 41-29-140(2), the base period is that applicable provided by the law of the paying state. (B)(1) "Alternate base period" means for benefit years effective after May 31, 2010, if an individual does not have sufficient wages in the base period defined in subsection (A) to qualify for benefits, his base period must be the four calendar quarters completed most recently before the individual's benefit year if this period qualifies him for benefits, provided these quarters were not previously used to establish a prior valid benefit year. (2) If the wage information for an individual's most recently completed calendar quarter is not available to the department from regular quarterly reports of systematically accessible wage information, the department promptly must contact the individual's employer to establish such wage information. The director shall establish rules necessary to implement this subsection. (C) Wages that fall within the base period, if claims established under this section, must not be available for use in qualifying for a subsequent benefit year. Effect of Amendment The first 2010 amendment, 2010 Act No. 146, SECTION 13, substituted "department" for "commission" following "an arrangement entered into by the"; and made other nonsubstantive changes. The second 2010 amendment, 2010 Act No. 234, SECTION 8, rewrote the section.
S.C. Code Ann. § 41-31-160 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-160
SECTION 41-31-160. Contribution and wage reports.
Status: in_force

The department shall not require contribution and wage reports more frequently than quarterly. Effective with the quarter ending March 31, 2024, every employer with ten or more employees and every individual or organization that, as an agent, reports wages on a total of ten or more employees on behalf of one or more subject employers, shall file that portion of the "Employer Quarterly Contribution and Wage Reports" containing the employee's social security number, name, Standard Occupational Classification (SOC) code, total number of hours worked, and total wages electronically, in a format approved by the department. The department may waive the requirement to file electronically if a hardship is shown. In determining whether a hardship has been shown, the department shall take into account, among other relevant factors, the ability of the employer to comply with the filing requirement at a reasonable cost. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'." Effect of Amendment The 2002 amendment rewrote the section. The 2010 amendment substituted "department" for "commission" throughout. 2023 Act No. 67, SECTION 3, rewrote the section.
S.C. Code Ann. § 41-16-170 — SC Code / Title 41 / Chapter 16 / Section 41-16-170
SECTION 41-16-170. Criminal penalties.
Status: in_force

In addition to any other penalty provided by law, any person who violates any of the provisions of this chapter is guilty of a misdemeanor, unless otherwise specifically provided in this chapter, and upon conviction must be punished by a fine of not more than five hundred dollars or by imprisonment for not more than ninety days, or by both, and by the immediate revocation for a period of three years of any permit or license issued under the provisions of this chapter.
S.C. Code Ann. § 41-15-230 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-230
SECTION 41-15-230. Effective dates.
Status: in_force

Any rule or regulation promulgated, modified or revoked under this article may contain a provision delaying its effective date for such period (not in excess of ninety days) as the Director determines may be necessary to insure that affected employers and employees will be informed of the existence, modification or revocation of the rule or regulation and of its terms and that employers affected are given an opportunity to familiarize themselves and their employees with the existence of the requirements of the rule or regulation.
S.C. Code Ann. § 41-30-130 — SC Code / Title 41 / Chapter 30 / Article 1 / Section 41-30-130
SECTION 41-30-130. Transfer of functions, powers, and duties to Department of Employment and Workforce.
Status: in_force

On July 1, 2023, all functions, powers, and duties provided by law to the Department of Commerce with respect to the Coordinating Council for Workforce Development, formerly the Education and Economic Development Coordinating Council, are hereby transferred from the Department of Commerce to the Department of Employment and Workforce, and these functions, powers, and duties are devolved upon the Department of Employment and Workforce, and the Coordinating Council for Workforce Development's officers, members, records, property, personnel, and unexpended appropriations also are transferred to the Department of Employment and Workforce. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act. The Department of Commerce and the Department of Employment and Workforce shall work together at all stages of the process until the transition is complete. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'."
S.C. Code Ann. § 41-18-50 — SC Code / Title 41 / Chapter 18 / Article 1 / Section 41-18-50
SECTION 41-18-50. Permit required; transferability of permits.
Status: in_force

No amusement device may be operated in the State without a permit issued by the director. A permit is not transferable and if a permit holder voluntarily discontinues operation of the amusement device, all rights secured under the permit are terminated. Effect of Amendment The 1998 amendment rewrote this section to substitute "director" for "commissioner", and made nonsubstantive changes.
S.C. Code Ann. § 41-3-140 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-140
SECTION 41-3-140. Penalties for impeding director in performance of his duties.
Status: in_force

Any person who shall willfully impede or prevent the Director of the Department of Labor, Licensing and Regulation or his designee, his agents or assistants, in the free and full performance of his duties shall, upon conviction, be fined not less than one hundred dollars or more than one thousand dollars or be imprisoned for not less than thirty days or more than six months, or both. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-44-60 — SC Code / Title 41 / Chapter 44 / Section 41-44-60
SECTION 41-44-60. Palmetto Seed Capital Corporation established.
Status: repealed

[This section is repealed upon certification that remaining investments of private sector limited partners have been liquidated. See Editor's Note at the beginning of this Chapter.] (A) A corporation must be formed in the manner provided in this chapter and by law to be the general partner of the Palmetto Seed Capital Fund Limited Partnership, and operated pursuant to the laws of this State. The articles of incorporation, bylaws, and any other agreement relating to the organization or operation of the corporation must comply with the provisions set forth in this section. (B) The Governor shall cause the corporation to be formed, and he shall designate the incorporators. The initial board of directors must consist of three members, one of whom must be appointed by the Governor and two of whom must be appointed by the Secretary of Commerce. Members of the initial board of directors shall serve three-year terms. The initial board of directors must be representative of the State as a whole. The registered agent must be designated by the Governor. The corporation's existence begins upon filing of the articles of incorporation. The corporation's existence is perpetual, unless dissolved as provided herein. The corporation is authorized to issue shares of a number, class, and par or no-par value, as provided in its articles of incorporation. The general nature of the business of the corporation is to serve as general partner of the Palmetto Seed Capital Fund Limited Partnership, to provide financing to high growth oriented businesses, to provide seed capital to South Carolina businesses, and to undertake any acts appropriate or necessary to carry out the foregoing. The bylaws, the organizational minutes, the election of officers, the issuance of any stock of the corporation, and any other actions appropriate or necessary for the organization and operation of the corporation must be of that form and content as determined by the board of directors. Nothing contained in the chapter may prohibit the shareholders or board of directors of the corporation from altering, amending, or otherwise modifying the articles of incorporation, bylaws, or any other agreement governing the corporation as otherwise permitted pursuant to the laws of this State, except that the general nature of the business of the corporation may not be amended, altered, or otherwise modified or restricted, and except that the corporation may be dissolved, merged, or otherwise cease to exist pursuant to the appropriate vote of the board of directors and shareholders. The Governor may expend those discretionary funds as he has available and considers appropriate for the purpose of organizing the corporation and promoting the sale of the qualified investments. (C) The directors of the Corporation need not be shareholders in the Corporation, and there must be not less than three nor more than seven directors, with the initial three directors selecting any additional directors as provided by the bylaws. After the terms of initial directors expire, successors must be chosen in the manner provided by the bylaws of the Corporation. Members of the initial board are eligible to succeed themselves. Directors shall receive no salary but may receive mileage, subsistence, and per diem provided by law for members of state boards, committees, and commissions. If a director is a full-time state employee, he may not receive per diem. (D) The Corporation shall cause the Fund to be formed as a limited partnership established pursuant to Chapter 41 of Title 33. The partnership agreement relating to the organization and operation of the Fund must be of that form and content as determined by the board of directors of the Corporation. The Corporation must be the sole general partner of the Fund, and the initial limited partner must be a person or entity designated by the Corporation's board of directors. Additional limited partners may be admitted to the Fund in accordance with the terms of the partnership agreement. (E) The fund shall raise funds to provide financing to high growth oriented businesses. A "high growth oriented business" for purposes of this chapter means a corporation, general partnership, limited partnership, joint venture, trust, proprietorship, or other similar entity or organization which is expected to experience significant sales growth over the subsequent five-year period. All investments made from investment monies raised by the fund, for which the tax credit provided by this chapter is allowed and for which the tax credit is made available by the fund in the prospectus or offering, must be made to provide seed capital to South Carolina businesses, this seed capital to be used primarily for the purpose of enhancing the production capacity of these businesses or their ability to do business in South Carolina. However, to the extent that the fund directly induces seed capital monies from outside the State to be invested in South Carolina businesses in which it is also investing, the fund may substitute up to two-thirds of these outside monies for its own capital in fulfillment of the requirements of this section. Seventy percent of these investment monies induced into the State or acquired by the fund for which the tax credit is allowed and available must be invested to provide seed capital financing of either start-up businesses or pre-start-up businesses. The remaining thirty percent may be invested as the general partner of the fund determines to provide capital to South Carolina businesses. (F) No business may be transacted or indebtedness incurred except that as is incidental to the organization of the Corporation or the Fund or to obtaining subscriptions to or payment for either its qualified stock or qualified interests, until consideration for the five million dollars has been paid to the Corporation or to the Fund. (G) All securities issued by either the Corporation or the Fund before dissolution pursuant to Section 6 of Act 187 of 2004 are considered exempt securities with regard to Section 35-1-201 of the Uniform Securities Act. Effect of Amendment The 1989 amendment revised the 9th sentence of subsection (B) by adding "to provide financing to high growth oriented businesses,", and rewrote subsection (E). The 1990 amendment, in subsection (A), replaced "The" with "A", inserted "in the manner provided in this chapter and by law to be the general partner of the Palmetto Seed Capital Fund Limited Partnership," after "formed", in subsection (B), deleted the reference to the "Palmetto Seed Capital Corporation", and in subsection (E), provided for the use and investing of the outside investment monies acquired by the fund. The 1993 amendment in subsection (B) substituted "Director of the Department of Commerce" for "State Development Board". The 1994 amendment in subsection (B), substituted "Secretary of Commerce" for "Director of the Department of Commerce". The 2005 amendment, in subsection (G), added "before dissolution pursuant to Section 6 of Act 187 of 2004" and substituted "35-1-201" for "35-1-310".
S.C. Code Ann. § 41-3-120 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-120
SECTION 41-3-120. Enforcement.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee shall enforce the provisions of Chapters 1 through 24 and prosecute all violations of law relating to those chapters before any court of competent jurisdiction. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor". The 2010 amendment substituted "24" for "25 of this Title" following "Chapters 1 through".
S.C. Code Ann. § 41-31-20 — SC Code / Title 41 / Chapter 31 / Article 1 / Section 41-31-20
SECTION 41-31-20. Employers' accounts.
Status: in_force

(A) The department shall maintain a separate account for each employer and shall accurately record the data used to determine an employer's experience for the purpose of rate assignments. Nothing in Chapters 27 through 41 of this title shall be construed to grant any employer or individual in his service prior claims or rights to the amounts paid by him into the fund either on his behalf or on behalf of such individuals. Benefits paid to an eligible individual shall be charged, in the amounts provided in Chapters 27 through 41 of this title, against the accounts of his most recent employer. No employer shall be deemed as the most recent employer for the purpose of this section unless the eligible person to whom benefits are paid earned wages in the employ of the employer equal to at least eight times the weekly benefit amount of the eligible claimant. (B) Any two or more qualified employers in the same or a related trade, occupation, profession, or enterprise, or having a common financial interest may apply to the department to establish a joint account or to merge their several individual accounts in a joint account. The department shall promulgate regulations for the establishment, maintenance, and dissolution of joint accounts. A joint account shall be maintained as if it constituted a single employer's account. (C) The department shall promulgate regulations concerning the manner in which benefits shall be charged against the accounts of several employers for whom an individual performed employment at the same time. However, in the event benefits paid to an individual are based on wages paid by one or more employers who were liable for payments in lieu of contributions and on wages paid by one or more employers who were liable for payment of contributions, the amount in benefits charged to the account of the most recent employer shall not exceed the amount of benefits which would have been paid solely by reason of the base period wages paid by employers who were liable for payment of contributions. (D) Nothing in this article shall be construed to limit benefits payable pursuant to Chapter 35 of this title. Effect of Amendment The 2010 amendment added the subsection identifiers, substituted "department" for "Commission" throughout, in first sentence of subsection (C) substituted a reference to regulations for rules, and made nonsubstantive changes. The 2011 amendment in subsection (A) substituted "accurately record the data used to determine an employer's experience for the purpose of rate assignments" for "credit the account of each with all the contributions paid on his behalf, but" in the first sentence.
S.C. Code Ann. § 41-35-60 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-60
SECTION 41-35-60. Weekly benefits for partial unemployment.
Status: in_force

Each eligible individual who is unemployed in any week must be paid with respect to such week a benefit in an amount equal to his weekly benefit amount less that part of the wages (if any) payable to him with respect to such week which is in excess of one-fourth of his weekly benefit amount. Such benefit is not a multiple of one dollar must be computed to the next lower multiple of one dollar.
S.C. Code Ann. § 41-27-280 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-280
SECTION 41-27-280. Hospital.
Status: in_force

"Hospital" means an institution which has been licensed or approved by the South Carolina Department of Health and Environmental Control as a hospital.
S.C. Code Ann. § 41-27-600 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-600
SECTION 41-27-600. Compromises.
Status: in_force

The department may compromise a civil penalty or cause of action arising pursuant to a provision of Chapters 27 through 41 of this title instead of commencing suit on them and may compromise the case after suit on it commences. In these cases the department shall keep on file in its office the reasons for settlement by compromise; 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 pursuant to the terms of the compromise. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-14-150 — SC Code / Title 41 / Chapter 14 / Section 41-14-150
SECTION 41-14-150. Fees.
Status: in_force

A fee not to exceed fifty dollars per facility or per certificate filed with the department in the format prescribed by regulation may be assessed, collected, and adjusted by the Department of Labor, Licensing and Regulation in accordance with Chapter 1, Title 40.
S.C. Code Ann. § 41-8-30 — SC Code / Title 41 / Chapter 8 / Section 41-8-30
SECTION 41-8-30. Employment of unauthorized alien.
Status: in_force

A private employer who knowingly or intentionally employs an unauthorized alien violates the private employer's licenses. Effect of Amendment The 2011 amendment substituted "who knowingly or intentionally employs an unauthorized alien violates the private employer's licenses" for "shall not knowingly or intentionally employ an unauthorized alien".
S.C. Code Ann. § 41-35-115 — SC Code / Title 41 / Chapter 35 / Article 1 / Section 41-35-115
SECTION 41-35-115. Service as witness or juror not to constitute disqualification for benefits.
Status: in_force

Notwithstanding another provision of law, an individual otherwise eligible for a benefit may not be denied a benefit with respect to a week in which he is required by law to appear in court as a witness or juror. However, an unemployment benefit 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 department must promulgate regulations necessary to implement the provisions of this section. Effect of Amendment The 2010 amendment substituted "department" for "commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-27-260 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-260
SECTION 41-27-260. Exempted employment.
Status: in_force

The term "employment" as used in Chapters 27 through 41 of this title 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 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 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 are applicable to those instrumentalities and to services performed for 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 is not certified for a year by the Secretary of Labor or his successors under the Federal Internal Revenue Code, the payments required of those instrumentalities with respect to such year must be refunded by the department 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 the service is performed by an individual in the exercise of his duties as: (a) an elected official or as the appointed successor of an elected official; (b) a member of a legislative body, or a member of the judiciary of a state or political subdivision; (c) a member of the State National Guard or Air National Guard; (d) an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or (e) in a position that, 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 department must enter into agreements with the proper agencies under such act of Congress, which agreements shall become effective ten days after publication 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), a political campaign on behalf of 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 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) that is performed in a calendar quarter in the employ of 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" does not include: (a) service performed in the employ of a school, college, or university, if the service is performed by: (i) a student who is enrolled and is regularly attending classes at the school, college or university; or (ii) the spouse of a student, if the spouse is advised, at the time the spouse commences to perform the service that the employment of the spouse to perform the service is provided under a program to provide financial assistance to the student by his school, college, or university, and the employment is not covered by 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 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 the institution, which combines academic instruction with work experience, if the service is an integral part of the program, and the institution has certified this to the employer, except that this subparagraph 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 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 enrolled and 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-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 this service is performed by the individual for his employer for remuneration solely by way of commission; (14) service performed by an individual for an employer as a real estate salesman or agent, if this service is performed by the individual for his employer 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 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 pursuant to this section but who at the conclusion of their agricultural labor would not qualify for benefits pursuant to the provisions of the department; (17) service performed as a member of a Native American tribal council or service in a fishing rights related activity of a Native American tribe by a member of the tribe for another member of the tribe or by a qualified Native American entity. (18) Services performed by a direct seller, provided that: (a) the individual: (i) is engaged in the trade or business of selling or soliciting the sale of consumer products, including, but not limited to, services or other intangibles, to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis for resale by the buyer or any other person in the home or otherwise than in a permanent retail establishment; or (ii) is engaged in the trade or business of selling or soliciting the sale of consumer products, including, but not limited to, services or other intangibles, in the home or otherwise than in a permanent retail establishment; (b) substantially all the remuneration, whether or not paid in cash, for the performance of the services described in subitem (a) is directly related to sales or other output, including, but not limited to, the performance of services, rather than to the number of hours worked; and (c) the services performed by the individual are performed pursuant to a written contract between the individual and the person for whom the services are performed and the contract provides that the individual will not be treated as an employee for federal and state tax purposes. (19) An individual or entity who owns, or holds under a bona fide lease purchase or installment-purchase agreement, a tractor trailer, tractor, or other vehicle and who, under a valid independent contractor contract provides services as a driver of the tractor trailer, tractor, or other vehicle to a motor carrier. (20) An individual performing a service for an automobile dealer related to the transportation of individual vehicles to purchasers or sellers of vehicles, including, but not limited to, when: (a) an automobile auction is the purchaser, seller, or both; (b) the contract of service contemplates that the service is to be performed personally by the individual; (c) the individual does not own the vehicle used in connection with the performance of the service; (d) the service is in the nature of a single transaction with no guarantee of a continuing relationship with the automobile dealer for whom the service is performed; or (e) any combination of subitems (a) through (d). Effect of Amendment The 1994 amendment added subparagraph (f) to paragraph (10) of this section. The 1995 amendment revised this section, adding paragraph (10), subparagraph (f), as did the 1994 amendment. The 2002 amendment, in item (5)(a), inserted "or as the appointed successor of an elected official" and added paragraph (17). The 2010 amendment substituted "department" for numerous occurrences of "commission", except for at the end of subsections (13) and (14); substituted "department;" for "South Carolina Employment Security Law." at the end of subsection (16); and made other nonsubstantive changes throughout the section. The first 2011 amendment in subsection (13) deleted "the" before "commission"; and in subsection (14) substituted "service performed by" for "service other than service performed as defined in Section 41-27-230(3) by" and deleted "the" before "commission". The second 2011 amendment added subsection (18) relating to services provided by a direct seller. 2014 Act No. 265, SECTION 1, added subsections (19) and (20), relating to exemptions for motor carriers using independent contractors and automobile transportation for dealers.
S.C. Code Ann. § 41-30-540 — SC Code / Title 41 / Chapter 30 / Article 5 / Section 41-30-540
SECTION 41-30-540. Duties of CCWD; Unified State Plan; annual reports; staffing and office space.
Status: in_force

(A) The CCWD shall: (1) make recommendations to the General Assembly as needed to implement the provisions of this chapter; (2) regularly meet with industry associations to gain an understanding of their workforce needs and ideas; (3) facilitate and coordinate the development of the USP; (4) use data and analysis to create measurable, time-sensitive metrics for the USP in which all workforce pipeline stakeholders including, but not limited to, education and workforce boards, councils, and partner representatives, participate. These measurable, time-sensitive metrics include, but are not limited to: (a) ten-year labor participation rate target; and (b) ten-year target for the number of South Carolinians who possess a high-quality credential or postsecondary degree; (5) create an education and workforce dashboard or other application to enable the public to monitor and track progress of the USP; and (6) annually review the USP and update as needed. (B) The USP should include, but is not limited to, the following: (1) assurance that agency constituents remain served; (2) compliance with federal and state laws, including, but not limited to, those relating to state plans, to avoid duplication of efforts; (3) identification of statewide workforce priorities and methods for identifying and addressing long-term workforce needs; (4) assurance that the components of Chapter 59, Title 59, the South Carolina Education and Economic Development Act, are implemented with fidelity to provide a better prepared workforce, student success in postsecondary education, and enhanced coordination between K-12, higher education, and employers; (5) establishment and maintenance of standardized education and workforce terminology and definitions to be used across all agencies and sectors; (6) development and implementation of an annual statewide workforce and education supply gap analysis which may include, but is not limited to: (a) evaluation of current and projected future employer demands; (b) determination of the makeup of the state's labor force and identifying the industries and occupations that are thriving by constructing a baseline analysis of the state's demographics and performing an analysis of the trends in the workforce and education infrastructure pipeline, including the supply of graduates in the state and the number of graduates by degree/certificate category; (c) identifying the supply of skills found in the workforce, and demand for skills employers need from the workforce, and a means for determining how to close gaps that exist between the supply and demand of such skills; and (d) reviewing growing industry and occupation clusters; (7) creation and maintenance of an Education and Workforce Portal to provide South Carolinians with information critical to their lifelong educational journey, which may include, but is not limited to: (a) an "Educational Program Alignment Toolkit" that serves as an infrastructure of resources to enable the K-12, technical college, and higher education systems to individually and collectively ensure their respective educational curriculum, initiatives, and programming match workforce needs; (b) a "Career Pathways Tool" that uses applicable occupational data, educational programming, workforce needs, salary information, job market analyses, in-demand occupations, and other information to provide students, parents of students, job seekers, educators, and counselors, with useful information about potential career pathways and the various routes to meaningful employment; (c) real-time labor market information; (d) comprehensive inventory of all education and training assets in the State; and (e) global view of workforce-related program data including federal, state, and local education and training options and opportunities; (8) development and implementation of a study, recommendations, and tools to address barriers to labor participation, including, but not limited to, the following: (a) affordable access to childcare and transportation; (b) government assistance programs and requirements available to working families to determine potential opportunities to better incentivize and support employment, and employment-related activities, while easing the "cliff effect" during the transition to economic self-sufficiency; (c) providing individuals who are receiving assistance from public benefit programs with the supports, skills, and credentials they need to gain and retain employment in occupations for which employers demonstrate persistent demands; and (d) a "SC Benefits calculator" to help families, case managers, and community providers understand the impact of earnings and assist families planning their exit from the use of these public benefits, with the goal of promoting self-sufficiency and maximizing use of available opportunities; (9) review of state and federal funding for all workforce development programs of which CCWD is aware, including passthrough funding to nonprofit/local/regional workforce programs to eliminate duplication and ensure funding is going towards meeting the goals of the USP; (10) development of a reliable and replicable model for measuring returns on public investment in individual education and workforce programs, including a set of common measures used in a performance accountability system; (11) development and delivery of a consolidated budget report that: (a) improves transparency in workforce funding to enable smarter policy decisions; and (b) makes recommendations for using legislative and executive means to improve system alignment, accountability, and efficiency; (12) development and implementation of a method for conducting an ongoing inventory of existing workforce programs to identify duplications among and within the programs and identify ineffective programs; and (13) coordinate with the South Carolina Department of Veterans' Affairs to develop and implement procedures that connect active duty military spouses, family members, veterans, and military retirees to job opportunities and career support. (C) The executive director of the Department of Employment and Workforce shall serve as Chairman of the CCWD, and, as Chairman of the CCWD, monitor and audit the implementation of this chapter, review accountability and performance measures, and annually report to the Governor and the General Assembly by December first of each fiscal year, on the: (1) actions taken by the council during the previous fiscal year; (2) engagement of the council to include attendance, participation, and compliance with the USP, and; (3) any recommendations for legislation. The executive director or OSWD may submit additional reports on an ongoing basis as considered necessary. (D) Agencies represented on the CCWD shall provide staff for the CCWD. These staff members may be provided by means of memorandums of agreement that address the scope of duties of each member agencies' personnel in providing this staff support. (E) The Department of Employment and Workforce shall provide office space and equipment for the OSWD. Editor's Note 2023 Act No. 67, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Statewide Education and Workforce Development Act'."
S.C. Code Ann. § 41-18-300 — SC Code / Title 41 / Chapter 18 / Article 3 / Section 41-18-300
SECTION 41-18-300. Citation of article.
Status: in_force

This article may be cited as the "South Carolina Rider Safety Act".
S.C. Code Ann. § 41-14-10 — SC Code / Title 41 / Chapter 14 / Section 41-14-10
SECTION 41-14-10. Citation and application of chapter.
Status: in_force

This chapter may be cited as the "Boiler Safety Act" and, except as otherwise provided in this chapter, applies to all boilers.
S.C. Code Ann. § 41-15-210 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-210
SECTION 41-15-210. Director may promulgate, modify, or revoke rules and regulations.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee may promulgate, modify or revoke rules and regulations which will have full force and effect of law upon being properly certified and filed for the purpose of attaining the highest degree of health and safety protection for any and all employees working within the State of South Carolina, whether employed in the public or private sector. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-7-70 — SC Code / Title 41 / Chapter 7 / Section 41-7-70
SECTION 41-7-70. Interference with right to work, compelling labor organization membership and picketing made unlawful.
Status: in_force

It shall be unlawful for any person, acting alone or in concert with one or more persons: (1) By force, intimidation, violence or threats thereof, or violent or insulting language, directed against the person or property, or any member of the family of any person (a) to interfere, or attempt to interfere, with such person in the exercise of his right to work, to pursue or engage in, any lawful vocation or business activity, to enter or leave any place of his employment, or to receive, ship or deliver materials, goods or services not prohibited by law or (b) to compel or attempt to compel any person to join, or support, or refrain from joining or supporting any labor organization; or (2) To engage in picketing by force or violence or in such number or manner as to obstruct or interfere, or constitute a threat to obstruct or interfere, with (a) free ingress to, and egress from, any place of employment or (b) free use of roads, streets, highways, sidewalks, railways or other public ways of travel, transportation or conveyance. Nothing in this section shall be construed so as to prohibit peaceful picketing permissible under the National Labor-Management Relations Act of 1947 and the Constitution of the United States.
S.C. Code Ann. § 41-3-70 — SC Code / Title 41 / Chapter 3 / Article 1 / Section 41-3-70
SECTION 41-3-70. Representatives of employer and employees may accompany inspectors.
Status: in_force

A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Director of the Department of Labor, Licensing and Regulation or his designee, his assistant or inspector during the physical inspection of any workplace for the purpose of aiding such inspection. No employee shall suffer any loss of wages or other benefits which would normally accrue to him because of his participation in the walk-around inspection under this section. Where there is no authorized representative, the director or his designee, his assistant or inspector shall consult with a reasonable number of employees concerning matters of health and safety in the workplace. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner" in the first sentence and in the last sentence substituted "director or his designee" for "Commissioner".
S.C. Code Ann. § 41-27-620 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-620
SECTION 41-27-620. Department's certificate as prima facie evidence.
Status: in_force

The certificate of the department 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 pursuant to Chapters 27 through 41 of this title, is prima facie evidence of the alleged action. Effect of Amendment The 2010 amendment substituted "department" for "commission" following "The certificate of the"; substituted "of the alleged action" for "thereof" following "prima facie evidence"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-35-750 — SC Code / Title 41 / Chapter 35 / Article 5 / Section 41-35-750
SECTION 41-35-750. Procedure to obtain review.
Status: in_force

Within thirty days from the date of mailing the department's decision, a party to the proceeding whose benefit rights or whose employer account may be affected by the department's decision may initiate an action in the administrative law court against the department for the review of its decision, in which action every other party to the proceeding before the department must be made a defendant. In this action a petition, which need not be verified but which must state the grounds on which a review is sought, must be served on the executive director or on a person designated by the department within the time specified by this section. Service is considered 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 department promptly shall mail one copy to each defendant. With its answer the department must 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 department also may certify to the court questions of law involved in a decision by the department. In a judicial proceeding under this chapter, the findings of the department regarding facts, if supported by evidence and in the absence of fraud, must be conclusive and the jurisdiction of the administrative law 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 other cases. An appeal may be taken from the decision of the administrative law court pursuant to the South Carolina Appellate Court Rules and Section 1-23-610. It is not necessary in a judicial proceeding under this article to enter exceptions to the rulings of the department, and no bond is required for entering the appeal. Upon the final determination of the judicial proceeding, the department must enter an order in accordance with the determination. A petition for judicial review must not act as a supersedeas or stay unless the department orders a supersedeas or stay. Editor's Note 2006 Act No. 387, SECTION 53, provides as follows: "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling." 2006 Act No. 387, SECTION 57, provides as follows: "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review." Effect of Amendment The 1999 amendment, in the seventh sentence, changed the appeal provisions to refer to the Appellate Court Rules and made nonsubstantive changes. The 2002 amendment, in the first sentence, substituted "the time specified by the South Carolina Administrative Procedures Act, a" for "ten days after a decision of the commission has become final, any", "whose benefit rights or whose employer account may be affected" for "who claims to be aggrieved", inserted "commission's" preceding "decision"; in the second sentence, inserted "within the time specified by the South Carolina Rules of Civil Procedure governing these appeals" following "designate"; in the third sentence, inserted "promptly" following "commission", deleted "forthwith" preceding "mail"; in the fifth sentence, deleted ", in its discretion" following "commission", and substituted "the commission" for "it"; in the tenth sentence, substituted "orders a supersedeas or stay" for "shall so order"; and made nonsubstantive changes throughout. The 2006 amendment in the first sentence substituted "thirty days from the date of mailing of the commission's decision" for "the time specified by the South Carolina Administrative Procedures Act"; and at the end of the second sentence substituted "this section" for "the South Carolina Rules of Civil Procedure governing these appeals". The 2010 amendment rewrote this section to provide the administrative law court with jurisdiction over decisions of the department.
S.C. Code Ann. § 41-33-170 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-170
SECTION 41-33-170. Disposition of unused amounts in benefit payment account.
Status: in_force

A balance of 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 those sums were requisitioned either must be deducted from an estimate for, and may be used for the payment of, a benefit during a succeeding period or, in the discretion of the department, 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. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-43-150 — SC Code / Title 41 / Chapter 43 / Section 41-43-150
SECTION 41-43-150. Antidiscrimination in administration of programs; persons and projects eligible for assistance.
Status: in_force

(A) The programs established by this act are administered so as to ensure that each application for assistance is evaluated without regard to race, creed, sex, or national origin and that no person, firm, association, partnership, corporation, agency, or entity, or group thereof, receives disproportionate benefits from the programs. (B) To qualify for assistance under the programs established pursuant to Sections 41-43-160, 41-43-170 and 41-43-190 the following conditions must be met: (1) The recipient must be a person, firm, association, partnership, corporation, or other entity engaged in business. (2) The assistance must be requested for use by a business enterprise located within the State. (3) The recipient must be able to demonstrate to the authority that the assistance will result in creation or maintenance of employment within the State. (4) The recipient and the project must meet any further requirements for eligibility as are set forth in this act with respect to the specific program under which assistance is requested. (5) The recipient and the project must satisfy any applicable requirements set forth by the authority in its regulations. (C) The authority may authorize assistance to an eligible recipient under the programs established pursuant to Sections 41-43-160, 41-43-170 and 41-43-190 only after it has made the following findings: (1) The recipient is a responsible party. (2) The number of jobs resulting from the assistance bears a reasonable relationship to the amount of program funds committed, taking into account factors such as the amount of dollars invested per employee at comparable facilities. (3) The amount of program funds committed bears a reasonable relationship to the amount of private funds committed. (4) The size and scope of the business being assisted is such that a definite benefit to the economy of the State may reasonably be expected to result from the project being financed. (5) The terms of the agreements to be entered into in connection with the transaction are reasonable and proper, taking into account such factors as the type of program involved, the amount of program funds involved, and the number and type of jobs involved. (6) The public interest is adequately protected by the terms of the agreements to be entered into in connection with the transaction. In making its findings, the authority is entitled to rely upon its own investigation or upon such information and evidence furnished to it by recipient businesses or by lending institutions participating in programs established pursuant to the provisions of this act as the authority considers appropriate. Compliance by a recipient or any lending institution participating in any of the authority's programs under the provisions of this act with the terms of any agreement may be enforced by decree of a circuit court of this State. The authority may require as a condition of any loan to, or purchase of loans from, any national banking association or federally chartered savings and loan association or any nonresident seller, consent to the jurisdiction of the circuit courts of this State over any enforcement proceeding.
S.C. Code Ann. § 41-8-40 — SC Code / Title 41 / Chapter 8 / Section 41-8-40
SECTION 41-8-40. Presumption of compliance.
Status: in_force

For purposes of this chapter, a private employer who in good faith verifies the immigration status of a new employee pursuant to Section 41-8-20 must be presumed to have complied with the provisions of Section 41-8-20 and Section 41-8-30. Effect of Amendment The 2011 amendment substituted "Section 41-8-20 must" for "subsection (B)(1) of Section 41-8-20 shall".
S.C. Code Ann. § 41-15-270 — SC Code / Title 41 / Chapter 15 / Article 3 / Section 41-15-270
SECTION 41-15-270. Subpoenas and taking testimony.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee may subpoena witnesses, documents, take and preserve testimony, examine witnesses, administer oaths and, upon proper presentation of credentials to the owner, manager or agent of the employer, enter any place, site or area where employment comes under the jurisdiction of the Director and interrogate any person employed therein or connected therewith or the proper officers of a corporation or employer, or he may file a written or printed list of interrogatories and require full and complete answers to them to be returned under oath within fifteen days of the receipt of such list. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-43-140 — SC Code / Title 41 / Chapter 43 / Section 41-43-140
SECTION 41-43-140. Insurance fund; use as security for holders of bonds.
Status: in_force

The authority may create an insurance fund consisting solely of program funds which must be held as security for the holders of bonds issued under this act. Such funds shall be held in the custody of the State Treasurer, or with his approval may be held in the custody of one or more commercial banks or trust companies having a principal place of business in this State. The authority also may use program funds to purchase insurance to be pledged for the security of the holders of any bonds issued under this act. In any case in which insurance is pledged as security, whether obtained through the insurance funds authorized to be created under this section or purchased with program funds, it must expressly state the limitation of the liability of the authority and further that neither the credit nor taxing power of the State or any political subdivision thereof is available to satisfy any obligations with respect thereto.
S.C. Code Ann. § 41-29-200 — SC Code / Title 41 / Chapter 29 / Section 41-29-200
SECTION 41-29-200. Self-incriminating testimony.
Status: in_force

A person must not be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the department, an appeal tribunal, or their duly authorized representative or in obedience to the subpoena of them in a cause or proceeding before the department 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. An individual must not be prosecuted or subjected to a penalty or forfeiture for or on account of 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 the individual testifying must not be exempt from prosecution and punishment for perjury committed in testifying. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-31-410 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-410
SECTION 41-31-410. Fees.
Status: in_force

Any clerk of court or register of deeds, as the case may be, or county treasurer shall be entitled to the fees provided in Section 14-19-100 for filing, enrolling, and satisfying a tax warrant or execution issued by the department. Effect of Amendment The 2010 amendment substituted "department" for "Commission" and made nonsubstantive changes.
S.C. Code Ann. § 41-15-90 — SC Code / Title 41 / Chapter 15 / Article 1 / Section 41-15-90
SECTION 41-15-90. Employers shall inform employees of protections and obligations; exceptions.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee shall issue rules and regulations requiring that employers keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable safety and health regulations, through the posting of notices or other appropriate means. The provisions of Section 41-15-80 and this section shall not apply to employers subject to the provisions of the Federal Railway Safety Act of 1970. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-25-30 — SC Code / Title 41 / Chapter 25 / Section 41-25-30
SECTION 41-25-30. License required; application for license; fee; bond; claims against licensee; service of summons; place of operation of agency; no license to issue where previous application denied or license revoked.
Status: in_force

(A) No person or firm may engage in the private personnel placement service business in South Carolina unless the person or firm has a current license for the business as provided in this chapter. (B) An application for license must be made to the Secretary for each location. If the agency is owned by: (1) an individual, the application must be made by him; (2) a partnership, the application must be made by all of the partners; (3) a corporation, an association, or a society, the application must be made by the president, vice-president, secretary, and treasurer and by a person owning twenty percent or more of the stock. (C) Each application must be written and in a form prescribed by the Secretary and must contain: (1) the name and address of the applicant; (2) the name under which the agency is to be conducted; (3) the street and number of the building or place where the business is to be conducted; (4) the business or occupations engaged in by the applicant previously; (5) whether the applicant has previously held or applied, whether granted or denied, for a private personnel placement service license within the United States or its possessions or territories; (6) the name and address of the individual who actually will direct and operate the placement activities; (7) the name and present address of the last employer of the individual; (8) a verification from a newspaper of the greatest circulation in the county of the applicant's location that a public notification containing the information required in the application has been included in the newspaper on at least one occasion before the filing; (9) a certification by a licensed member of the South Carolina Bar that all requirements of the laws of South Carolina have been met. (D) The application must be accompanied by an application fee of two hundred dollars and a license fee of one hundred dollars and verification of a surety bond of three thousand dollars or other security equal to twenty-five thousand dollars in a form approved by the Attorney General and deposited with the Secretary. The Secretary shall issue a license after thirty days following receipt of the application unless there is a reason for the Secretary to believe on the basis of a complaint and investigation that the applicant is not in compliance with this chapter. The application for a license must be denied and the license fee refunded if the Secretary determines that the applicant is not in compliance. The application fee must not be refunded. (E) The aggregate liability of the surety for all breaches of the bond may not exceed the sum of the bond. The surety on the bond may cancel the bond upon giving thirty days written notice to the Secretary and the Private Personnel Placement Service and is relieved of liability for a breach of condition occurring after the effective date of the cancellation. Failure to maintain a surety bond in force or have other security filed with the Secretary of twenty-five thousand dollars constitutes disqualification for retaining a license. The Secretary shall allow ten working days after notification to the licensee for requalification before revoking that license. The business may not operate until proof of surety bond, or other security of twenty-five thousand dollars, has been established with the Secretary. (F) Licenses are issued for two years beginning January first through December thirty-first twenty-four months later unless turned in or revoked by the Secretary. Licenses must be renewed biennially. (G) The Secretary shall mail annual license renewal forms to the last known address of each licensee by November first. If license renewal forms are not received by a licensee for any cause, the licensee shall request a license renewal form from the Secretary's office. Every licensee shall file a biennial license renewal in a form and manner suitable to the Secretary postmarked not later than the last day of December. The renewal form must be accompanied by a renewal fee of one hundred dollars. If license renewal forms are not received by the Secretary's office the first week of January, the Secretary shall notify the licensee in writing that the licensee shall pay a one hundred dollar late penalty and that the licensee has thirty days from the date of notice to comply with licensing requirements. If compliance is not met within the specified time, the Secretary shall deny license renewal, return the license fee, and notify that business to cease operation and make public notification of closure of the service in the newspaper of the greatest circulation in the county in which it is located. (H) If a written complaint by a person to the Secretary reveals that a licensee or firm is not in compliance with Section 41-25-30, the Secretary shall notify the licensee or firm of the alleged violation in writing and allow thirty days from the date of notice for response to and compliance with this chapter. If no response is received within thirty days, the Secretary shall investigate the alleged violation, and if the licensee or firm is found to be in violation of this chapter, deny or revoke that license. (I) All claims or suits brought against a licensee may be brought in the name of the person damaged upon the bond deposited with the Secretary and may be transferred and assigned as other claims for damages in civil suits. The amount of damages claimed by the plaintiff, and not the penalty designated in the bond, determines the jurisdiction of the court in which the action is brought. If a licensee has departed from the State with intent to defraud his creditors or to avoid the service of a summons in an action brought under this section, service must be made upon the surety. A copy of the summons must be mailed to the last known post office address of the residence of the licensee as shown by the records of the Secretary. The service is deemed to be made when not less than the number of days has intervened between the date of service and the return of the same as provided by law. (J) No license may be granted to conduct a private personnel placement service in a residence or rooms used for living purposes, where boarders or lodgers are kept, where meals are served, where persons sleep, or, in connection with a building or premises, where intoxicating liquors are sold to be consumed on premises, except cafes and restaurants in office buildings. However, if the licensee has maintained a South Carolina State Placement Service license for three consecutive years, or has attained the national CPC designation, including two years of service, the licensee may by licensed to operate from a private residence if desired but must be in accordance with other applicable federal, state, and local laws and zoning ordinances. In addition, a person who is handicapped or incapacitated for a period of time could be allowed a waiver for that period of time to work from a private residence. (K) No license may be issued if the applicant has had a previous application which was denied or a license which has been revoked within the United States or its possessions or territories. No person may own, wholly or in part, nor manage a private personnel placement service who previously has been denied or had revoked his license to operate a private personnel placement service within the United States or its possessions or territories. The Secretary, depending upon the seriousness of the offense causing the denial or revocation of the license, after a suitable period of three months to one year, may allow the person, upon full compliance, to reapply for a license. (L) If a licensee relocates its offices before filing the annual renewal notice, he shall submit a written notice of the change of address to the Secretary containing a notarized statement that the new location conforms to licensing requirements. (M) If a licensee ceases to operate or goes out of business, he shall notify the Secretary in writing of the action and return the license to the Secretary. (N) If a business is sold to a new owner, the previous owner shall notify the Secretary in writing of the action and return the license to the Secretary and state to whom the business is being sold. That business may not operate until the new owner has obtained a new license. (O) Private Personnel Placement Services licenses are nontransferable absolutely and unconditionally. Effect of Amendment The 1989 amendment in subsection (k), added ", anywhere within the United States, its possessions or territories" in the two places it appears. The first 1992 amendment by Act 477, in subsection (j), substituted "placement business" for "placement service" in the first paragraph, and added the second paragraph. The second 1992 amendment by Act 501, arranged the text of subsections (B) and (C) into numbered items; in (D) changed the license fee from $50 to $100; in (F) changed the license period from one year to two and changed the renewal from annually to biennially; in (G) changed the renewal period from annually to biennially and changed the renewal fee and late penalty from $50 to $100 each; in (I) consolidated the last sentence with the remainder into one paragraph; and in (K) added "within the United States or its possessions or territories" in two locations.
S.C. Code Ann. § 41-43-70 — SC Code / Title 41 / Chapter 43 / Section 41-43-70
SECTION 41-43-70. Functions and duties of the authority generally.
Status: in_force

The authority shall promote and develop the business and economic welfare of this State, encourage and assist through loans, investments, research, technical and managerial advice, studies, data compilation and dissemination, and similar means, in the location of new business enterprises in this State and in rehabilitation and assistance of existing business enterprises and in the promotion of the export of goods, services, commodities, and capital equipment produced within the State, so as to provide maximum opportunities for creation and retention of jobs and improvement of the standard of living of the citizens of the State, and act in conjunction with other persons and organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural, and recreational development in this State. In the promotion, development, and advancement of these programs, the authority must give consideration to the development of and assistance to small businesses in this State as may be defined by regulation of the authority.
S.C. Code Ann. § 41-27-650 — SC Code / Title 41 / Chapter 27 / Article 5 / Section 41-27-650
SECTION 41-27-650. Department must work in conjunction with Department of Commerce and Department of Administration on certain matters.
Status: in_force

(A) The Department of Commerce and the Department of Employment and Workforce must work in conjunction to develop or procure computer hardware, software, and other equipment that are compatible with each other as needed to efficiently address the state's policy goals as set forth in Section 41-27-20. Once information technology is attained, the departments regularly must develop reports that address relevant workforce issues and make the reports available to workforce training entities, including, but not limited to, the State Board for Technical and Comprehensive Education, the Commission on Higher Education, and the State Agency of Vocational Rehabilitation. Additionally, the departments must respond promptly to inquiries for information made by education and workforce training entities. (B) The department must work in conjunction with the Department of Administration to coordinate its computer system with computer systems of other state agencies so that the department may more efficiently match unemployed persons with available jobs. The department must provide a progress report concerning implementation of this subsection to the Chairman of the Senate Labor, Commerce and Industry Committee, the Chairman of the House of Representatives Ways and Means Committee, the Department of Employment and Workforce Review Committee, and the Governor every three months until fully implemented. (C) This section is not intended to restrict or hinder the development of an unemployment benefits system financed in whole or in part by the United States Department of Labor.
S.C. Code Ann. § 41-43-130 — SC Code / Title 41 / Chapter 43 / Section 41-43-130
SECTION 41-43-130. Bonds and income exempt from certain taxes; exemption of documents from transfer and stamp taxes.
Status: in_force

The bonds and the income therefrom are exempt from all taxation in the State except for inheritance, estate, or transfer taxes. All security agreements and financing agreements made pursuant to this act are exempt from stamp and transfer taxes.
S.C. Code Ann. § 41-1-130 — SC Code / Title 41 / Chapter 1 / Section 41-1-130
SECTION 41-1-130. Break time or meal time for employees to express breast milk; definitions; remedies.
Status: in_force

(A) As used in this section, "employer" means a person or entity that employs one or more employees and includes the State and its political subdivisions. (B) An employer shall provide an employee with reasonable unpaid break time or shall permit an employee to use paid break time or meal time each day to express breast milk. The employer shall make reasonable efforts to provide a room or other location, other than a toilet stall, in close proximity to the work area, where an employee may express milk in privacy. An employer may not discriminate against an employee for choosing to express breast milk in the workplace in compliance with the provisions of this section. The break time must, if possible, run concurrently with any break time already provided to the employee. The employee shall make reasonable efforts to minimize disruption to the employer's operations. The employer must be held harmless if it makes reasonable efforts to comply with this subsection. This section does not require an employer to provide break time if doing so would create an undue hardship on the operations of the employer. Nothing in this section shall be construed to require an employer to build a room for the primary purpose of expressing breast milk. (C) The procedures for seeking redress for violations of this chapter are provided in Section 1-13-90. Editor's Note 2020 Act No. 141, SECTIONS 1, 2, and 4 to 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Lactation Support Act'." "SECTION 2. It is the intent of the General Assembly, by this act, to promote public health and to support those who wish to express breast milk at work by requiring employers to make reasonable efforts to provide workers with reasonable unpaid break time and space to express milk at work. This act will not require employers to compensate employees for breaks taken to express breast milk unless the employer already provides compensated breaks and does not require employers to create a permanent or dedicated space for use by pumping employees. South Carolina ranks far lower than the national average of breastfed infants. Providing workers reasonable support to express milk on the job is a crucial health measure and will benefit South Carolina's economy by keeping nursing employees in the workforce." "SECTION 4. Within thirty days after approval by the Governor of this act, the South Carolina Human Affairs Commission shall post on its website information to educate employers, employees, and employment agencies about their rights and responsibilities under this act. The website must include a phone number for employers to call to receive information about this act and assistance in complying with the provisions of this act, and a link to additional information on this act on the commission's website. "SECTION 5. Employers have thirty days after the South Carolina Human Affairs Commission posts the required information in SECTION 4 to its website before they must comply with the provisions of this act. "SECTION 6. Nothing in this act may be construed to preempt, limit, diminish, or otherwise affect another provision of federal, state, or local law, or to invalidate or limit the remedies, rights, and procedures of a federal, state, or local law that provides greater or equal protection for an employee affected by pregnancy, childbirth, or a related condition."
S.C. Code Ann. § 41-14-70 — SC Code / Title 41 / Chapter 14 / Section 41-14-70
SECTION 41-14-70. Appointment of chief boiler administrator; duties.
Status: in_force

(A) The director shall appoint a chief boiler administrator who has passed the same type of examination prescribed in Section 41-14-90. (B) The director must be charged, directed, and empowered to: (1) take action necessary for the enforcement of the laws and regulations of this State regulating the use of boilers; (2) keep a complete record of the name of each boiler owner or user and his or her location, the type, dimensions, maximum allowable working pressure, age, and the last record inspection of all boilers; and (3) publish and make available, upon request, copies of the department regulations.
S.C. Code Ann. § 41-1-20 — SC Code / Title 41 / Chapter 1 / Section 41-1-20
SECTION 41-1-20. Unlawful discrimination against union members.
Status: in_force

Every person who shall discharge or discriminate in the payment of wages against any person because of his membership in a labor organization shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars or be imprisoned not less than ten nor more than thirty days.
S.C. Code Ann. § 41-35-450 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-450
SECTION 41-35-450. Announcement of state "on" and "off" indicators or extended benefit periods; computation of rate of insured unemployment.
Status: in_force

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 department must make an appropriate public announcement. A computation required by the provisions of Section 41-35-340 must be made by the department pursuant to regulations prescribed by the United States Secretary of Labor. Effect of Amendment The 2010 amendment substituted "department" for two occurrences of "commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-7-60 — SC Code / Title 41 / Chapter 7 / Section 41-7-60
SECTION 41-7-60. Applicability of right to work provisions.
Status: in_force

The provisions of Sections 41-7-20 to 41-7-40 shall not apply to any contract, otherwise lawful, in force and effect on March 19, 1954, but they shall apply to all contracts thereafter concluded and to any renewal or extension of existing contracts.
S.C. Code Ann. § 41-35-360 — SC Code / Title 41 / Chapter 35 / Article 3 / Section 41-35-360
SECTION 41-35-360. "Additional benefits" defined.
Status: in_force

"Additional benefits" means benefits totally financed by a state payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law. If extended compensation is payable to an individual by this State and additional compensation is payable to him for the same week by another state, he may elect which of the two types of compensation to claim.
S.C. Code Ann. § 41-31-400 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-400
SECTION 41-31-400. Procedure under execution.
Status: in_force

(A) The department, or its authorized representative, shall file a copy of the execution with the clerk of court of the county or counties of the State in which the employer does business. The clerk of court shall enter in his abstract of judgments the name of the employer identified in the warrant and in the proper columns the amount of the contributions, interest, penalties, and departmental administrative contingency assessments and costs for which the warrant is issued along with the date and hour when the copy is filed. The clerk of court also shall index the warrant upon the index of judgments. The department, or its authorized representative, shall proceed upon the warrant in all respects and with like effect and in the same manner prescribed by law in respect to executions issued against property upon judgments of a court of record and is entitled to the same fees for service in executing the warrant to be collected in the same manner. (B) The powers now or hereafter conferred upon the Department of Revenue by Title 12 for the collection of unpaid income taxes are incorporated by reference and are conferred upon the department and its authorized representative for the collection of unpaid contributions, interest, penalties, and departmental administrative assessments and costs, mutatis mutandis. (C) The department shall promulgate regulations to carry out the provisions of this section. Effect of Amendment The 1986 amendment added references to penalties and employment security administrative contingency assessments and made grammatical changes. The 1999 amendment designated the former text as (A), changed references to the sheriff or tax collector to references to the commission or its authorized representative, and made minor language changes; and added (B), conferring powers upon the commission and its authorized representative, and (C), providing for regulations. The 2010 amendment rewrote the section.
S.C. Code Ann. § 41-25-70 — SC Code / Title 41 / Chapter 25 / Section 41-25-70
SECTION 41-25-70. Prohibited activities or conduct of employers seeking employees or persons seeking employment.
Status: in_force

Any person or employer seeking employees or a person seeking employment shall not: (a) Make any false statement or conceal any material fact for the purpose of obtaining employees, or employment, by or through a private personnel placement service. (b) Engage or attempt to engage in the splitting or sharing of fees or payments for services of a private personnel placement service with any person to whom this chapter is applicable. (c) Intentionally or knowingly refuse to pay any fee due to a private personnel placement service for placement services rendered.
S.C. Code Ann. § 41-43-10 — SC Code / Title 41 / Chapter 43 / Section 41-43-10
SECTION 41-43-10. Citation of chapter.
Status: in_force

This chapter may be cited as the South Carolina Jobs - Economic Development Fund Act.
S.C. Code Ann. § 41-29-160 — SC Code / Title 41 / Chapter 29 / Section 41-29-160
SECTION 41-29-160. Information generally confidential.
Status: in_force

Except as otherwise provided in Chapters 27 through 41 of this Title information obtained from any employing unit or individual pursuant to the administration of such chapters and determinations as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity.
S.C. Code Ann. § 41-29-190 — SC Code / Title 41 / Chapter 29 / Section 41-29-190
SECTION 41-29-190. Witnesses, oaths, certifications, and production of books and the like.
Status: in_force

In the discharge of the duties imposed by Chapters 27 through 41 of this title, the department or a duly authorized representative of it may administer an oath and affirmation, take a deposition, certify to an official act and issue a subpoena to compel the attendance of a witness and the production of books, papers, correspondence, memoranda and other records considered necessary as evidence in connection with a disputed claim or the administration of Chapters 27 through 41 of this title. Effect of Amendment The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
S.C. Code Ann. § 41-33-10 — SC Code / Title 41 / Chapter 33 / Article 1 / Section 41-33-10
SECTION 41-33-10. Creation and content of unemployment compensation fund.
Status: in_force

There is established a special fund, to be known as the unemployment compensation fund, which must be administered separate and apart from all public monies or funds of the State. This fund must consist of: (1) all contributions and payments in lieu of contributions collected under Chapters 27 through 41 of this title; (2) interest earned on any money in the fund; (3) property or securities acquired through the use of money belonging to the fund; (4) earnings of those properties or securities; (5) money credited to this State's account in the unemployment trust fund pursuant to Section 903 of the Social Security Act, as amended; (6) money received from the federal government as reimbursements pursuant to Section 204 of the Federal-State Extended Compensation Act of 1970; and (7) money received for the fund from another source. Money in the fund must be comingled and undivided. Effect of Amendment The 2010 amendment made nonsubstantive changes to this section.
S.C. Code Ann. § 41-31-630 — SC Code / Title 41 / Chapter 31 / Article 5 / Section 41-31-630
SECTION 41-31-630. Method of making payments; appeal from department's determination of amount due; interest and penalties.
Status: in_force

Payments in lieu of contributions shall be made in accordance with the provisions of subsections (1) and (2) of this section. (1) At the end of each calendar quarter the department shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter, and effective January 1, 1979, with respect to the State or any political subdivision or any instrumentality thereof as defined in Section 41-27-230(2)(b) the full amount of regular and extended benefits attributable to services performed in its employ. (2) Each nonprofit organization that has elected payment of benefits in lieu of contributions shall further elect for the same period to make such payments in accordance with one of the following two methods: (a) payment of any bill rendered under subsection (1) of this section in accordance with subsection (3) of this section; or (b) payment of two percent of the quarterly taxable payroll of the nonprofit organization to the department within thirty days after the close of each such calendar quarter. The department shall apply such funds to the payment of bills rendered to the nonprofit organization under subsection (1) of this section. At the end of each calendar year, the department shall determine whether the total of payments for such year made by the nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such calendar year, and effective January 1, 1979, with respect to the State or any political subdivision or any instrumentality thereof as defined in Section 41-27-230(2)(b) the full amount of all regular and extended benefits paid to individuals during such calendar year based on wages attributable to service in its employment. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the fund in accordance with subsection (3) of this section. If the total payments exceed the amount so determined for the calendar year, all or a part of the excess may, at the discretion of the department, be refunded from the fund or retained in the fund as part of the payments which may be required for the next calendar year. (3) Payment of any bill rendered under either subsection (2)(a) or subsection (2)(b) of this section shall be made not later than thirty days after such bill is mailed to the last known address of the nonprofit organization or is otherwise delivered to it, unless there has been an application for review and redetermination in accordance with subsection (5) of this section. (4) Payments made by any nonprofit organization under the provisions of this section shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization. (5) The amount due specified in any bill from the department shall be conclusive on the organization unless, not later than fifteen days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the department setting forth the grounds for the application. After affording the organization a reasonable opportunity for a fair hearing consonant with the provisions of Section 41-35-720, the department shall by its decision make findings of fact and conclusion of law and upon the basis thereof affirm, modify, or reverse its original ruling with respect to the amount originally specified in the bill. Within fifteen days after the date upon which the decision is issued the organization may procure judicial review of the decision by commencing an action in the court of common pleas in any county in which the organization has a place of business against the department for the review of its decision. In such action a petition, which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon a member of the department or upon a person as the department shall designate. With its answer the department shall certify and file with the court all evidence and a transcript of all testimony taken in the matter together with its findings of fact and decision therein. In any judicial proceeding under this section the decision of the court shall be based upon the evidence introduced and the testimony received at the hearing before the department. 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. A petition for judicial review shall act as a supersedeas or stay of any action by the department directed toward the collection of the amount involved in the controversy or the imposition of any penalty or forfeiture by reason of the nonpayment thereof. (6) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to Section 41-31-370, apply to past due contributions. (7) All of the provisions of Section 41-31-360, applicable to the adjustment or refund of contributions and interest paid or collected, and not inconsistent with the provisions of this section, shall be applicable to payments in lieu of contributions and interest erroneously paid by a nonprofit organization. (8) All of the remedies, powers, and means available to the department under the provisions of Sections 41-31-380, 41-31-390, 41-31-400, 41-31-410, and 41-31-420 to enforce the payment of contributions, interest, penalties, and costs are applicable to the enforcement of payments in lieu of contributions and interest due under the provisions of this section, and for the purposes of this item the term "contributions" which appears in any such sections means "payment in lieu of contributions" in all particulars. (9) In the event any governmental entity which is a covered employer under the terms of this chapter and Article 5, Chapter 35 becomes delinquent in payments due under this chapter and Article 5, Chapter 35, upon due notice, and upon certification of the delinquency by the department to the State Treasurer or any other department or agency of the State holding funds that may be payable to the delinquent governmental entity, the amount of such delinquency shall be deducted from any such funds in the hands of the State Treasurer or other department or agency and paid to the department in satisfaction of such delinquency. This remedy shall be in addition to any other collection remedies in this chapter and Article 5, Chapter 35 or otherwise provided by law. Effect of Amendment The 2010 amendment substituted "department" for "Commission" and "subsection" for "paragraph" throughout, and in subsection (9) substituted "department" for "South Carolina Employment Security Commission".
S.C. Code Ann. § 41-17-60 — SC Code / Title 41 / Chapter 17 / Section 41-17-60
SECTION 41-17-60. Powers of Governor.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation or his designee or his agents can be called into session and into the performance of their duties and functions under this chapter by the Governor. Effect of Amendment The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
S.C. Code Ann. § 41-18-320 — SC Code / Title 41 / Chapter 18 / Article 3 / Section 41-18-320
SECTION 41-18-320. Riders compliance with safety rules; reports of injuries.
Status: in_force

(A) A rider of a carnival or amusement device shall at a minimum: (1) obey the posted rules and warnings and instructions for a carnival or amusement device issued by the owner of the carnival or amusement device or the owner's employee or agent; and (2) refrain from acting in any manner that may cause or contribute to injuring the rider of a carnival or amusement device, or others, including: (a) exceeding the limits of the rider's ability; (b) interfering with safe operation of the carnival or amusement device; (c) not engaging a safety mechanism provided on a carnival or amusement device; (d) disconnecting or disabling a carnival or amusement safety device, except at the express instruction of the owner of the carnival or amusement device or the owner's agent or employee; (e) altering or enhancing the intended speed, course, or direction of a carnival or amusement device; (f) using, touching, or tampering with the controls of a carnival or amusement device designed solely to be operated by the owner of the carnival or amusement device or the owner's agent or employee; (g) extending arms and legs beyond the carrier or seating area of a carnival or amusement device except at the express direction of the owner of the carnival or amusement device or the owner's agent or employee; (h) throwing, dropping, or expelling an object from or toward a carnival or amusement device, except as permitted by the owner of the carnival or amusement device or the owner's agent or employee; (i) getting on or off a carnival or amusement device, except at the designated time and area, if any, at the direction of the owner of the carnival or amusement device or the owner's agent or employee or in an emergency; (j) not reasonably controlling the speed or direction of the rider or a carnival or amusement device that requires the rider to control or direct himself or the device; and (k) overloading a carnival or amusement device beyond its designed capacity. (B) A rider must not get on or attempt to get on a carnival or amusement device unless the rider, or the rider's parent or guardian on the rider's behalf, reasonably determines that, at a minimum, the rider: (1) has sufficient knowledge to use, get on, and get off the carnival or amusement device safely without instruction or has requested and received before getting on the carnival or amusement device sufficient information to get on, use, and get off the device safely; (2) has located, reviewed, and understood any signs in the vicinity of the carnival or amusement device and has satisfied any posted height or other restrictions or requirements; (3) knows the range and the limits of his ability and knows that the requirements of the carnival or amusement device do not exceed those limits; (4) is not under the influence of alcohol or any drug that affects his ability to safely use the carnival or amusement device or to obey the posted rules or warnings or instructions; and (5) is authorized by the owner of the carnival or amusement device or the owner's agent or employee to get on the carnival or amusement device. (C)(1) A rider, or a rider's parent or guardian on the rider's behalf, shall report in writing to the owner of the carnival or amusement device any injury sustained on a carnival or amusement device before leaving the owner's premises, including: (a) the name, address, and phone number of the injured person; (b) a full description of the incident, the injuries claimed, and any treatment received and the location, date, and time of the injury; (c) the cause of the injury, if known; and (d) the names, addresses, and phone numbers of any witnesses to the incident. (2) If a rider, or a rider's parent or guardian on the rider's behalf, is unable to file a report because of the severity of the rider's injuries, the rider, or the rider's parent or guardian, shall file the report as soon as reasonably possible. (3) The failure of a rider, or a rider's parent or guardian on the rider's behalf, to report an injury under this subsection has no effect on the rider's right to commence a civil action.
S.C. Code Ann. § 41-31-370 — SC Code / Title 41 / Chapter 31 / Article 3 / Section 41-31-370
SECTION 41-31-370. Interest on unpaid contributions.
Status: in_force

(A) Contributions unpaid on the date on which they are due and payable, as prescribed by the department, shall bear interest at the rate of one percent for each month or fraction for which they remain unpaid but contributions as have accrued prior to the establishment of an employer's liability shall bear interest at the rate of one-half of one percent a month or fraction of a month, to the date on which liability is established, unless it is found by the department that the delay in the establishment of liability resulted from wilful negligence of the employer, and shall bear interest at the rate of one percent a month or fraction for which they remain unpaid thereafter. (B) If any employer's amount of contributions which are due and payable, as prescribed by the department, are unpaid ten days following the date on which an assessment or debit memorandum was issued, a penalty of ten percent of the amount of contributions due and payable, not to exceed one thousand dollars, must be paid in addition to any other interest or penalty which may be applicable. (C) The department may, for good cause, extend the time for the filing of reports and the payment of contributions. Any person to whom the extension is granted shall pay in addition to the contribution due, interest at the rate of one percent per month or fraction of a month from the due date of the contribution to the date of payment. Effect of Amendment The 2010 amendment substituted "department" for "commission" throughout, substituted "of a month" for "thereof" in subsection (A), and made nonsubstantive changes.
S.C. Code Ann. § 41-10-30 — SC Code / Title 41 / Chapter 10 / Section 41-10-30
SECTION 41-10-30. Notification to employees of wages and hours agreed upon; recordkeeping requirements; requirement of itemized statement of gross pay and deductions for each pay period.
Status: in_force

(A) Every employer shall notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs. The employer has the option of giving written notification by posting the terms conspicuously at or near the place of work. Any changes in these terms must be made in writing at least seven calendar days before they become effective. This section does not apply to wage increases. (B) Every employer shall keep records of names and addresses of all employees and of wages paid each payday and deductions made for three years. (C) Every employer shall furnish each employee with an itemized statement showing his gross pay and the deductions made from his wages for each pay period. Effect of Amendment The 1990 amendment, in subsection (A), added "normal" before "hours and wages", and added at the end "This section does not apply to wage increases.", and added "for three years" at the end of subsection (B).
S.C. Code Ann. § 41-27-130 — SC Code / Title 41 / Chapter 27 / Article 3 / Section 41-27-130
SECTION 41-27-130. Annual payroll.
Status: in_force

"Annual payroll" means the total amount of wages subject to the contribution provisions of Chapters 27 through 41 of this Title which are paid by an employer during a period of twelve consecutive months.
S.C. Code Ann. § 41-25-90 — SC Code / Title 41 / Chapter 25 / Section 41-25-90
SECTION 41-25-90. Penalties.
Status: in_force

Any person who knowingly violates Sections 41-25-30, 41-25-40, 41-25-50, 41-25-60, 41-25-70, or 41-25-80 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or be imprisoned for not more than one year, or both. In addition, anyone convicted of the violations must be denied his right to operate as a private personnel placement service and shall immediately surrender his license to the Secretary. Failure to surrender the license shall subject the licensee to a misdemeanor with the same penalty as above prescribed in this section with each day of noncompliance constituting a separate offense.
S.C. Code Ann. § 41-43-40 — SC Code / Title 41 / Chapter 43 / Section 41-43-40
SECTION 41-43-40. Appointment and qualifications of directors; ex officio members; terms.
Status: in_force

The Governor shall appoint, upon the advice and consent of the Senate, one director from each congressional district and one from the State at large, who serves as chairman. Directors must have experience in the fields of business, commerce, finance, banking, real estate, or foreign trade. At least two directors must have direct commercial lending experience. The Governor and the Chairman of the State Development Board shall serve ex officio and may designate persons to represent them at meetings of the authority. Directors serve for terms of three years; however, directors initially appointed from the first and sixth congressional districts and the State at large serve for three years; directors initially appointed from the second and fifth congressional districts serve for two years; and directors initially appointed from the third and fourth congressional districts serve for one year. Thereafter, all directors serve for a term of three years and until their successors are appointed and qualify. All vacancies must be filled for the unexpired term in the manner of the original appointment. Directors are not personally liable for losses unless the losses are occasioned by the wilful misconduct of the directors. Directors may be removed by the Governor for cause or at will. A certificate of the appointment or reappointment of any director must be filed in the offices of the Secretary of State and the authority. The certificate is conclusive evidence of the due and proper appointment of a director. Effect of Amendment The 1991 amendment in the first paragraph, deleted all references to legislative members serving on the authority.