reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-250. Publication of certain material; internet access.

The department must:
(A) print and make available for public distribution the text of Chapters 27 through 41 of this title and its:
(1) regulations;
(2) annual reports to the Governor and General Assembly; and
(3) other material the department considers relevant and suitable; or
(B) make the information required by subsection (A) available on its Internet website.
HISTORY: 1962 Code Section 68-75; 1952 Code Section 68-75; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 49, eff March 30, 2010; 2011 Act No. 3, Section 7, eff March 14, 2011.
Effect of Amendment
The 2010 amendment rewrote this section to require the department to make certain materials available in print and on its internet web site.
The 2011 amendment in subsection (A)(3), substituted "or" for "and"; and in subsection (B) substituted "make the information required by subsection (A) available" for "furnish this material to a person on request and make it available".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-260. Repealed by 2010 Act No. 146, Section 123, eff March 30, 2010.

Editor's Note
Former Section 41-29-260 was entitled "Commissioners may file opinions" and was derived from 1962 Code Section 68-76; 1952 Code Section 68-76; 1943 (43) 318.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-270. Emergency unemployment compensation system.

Notwithstanding the provisions of Chapters 27 through 41 of this title, the department may promulgate regulations necessary for the operation of an emergency unemployment compensation system in the event of an enemy attack or natural disaster, as declared by the President of the United States, that disrupts or endangers the department's usual procedures or facilities.
HISTORY: 1962 Code Section 68-77; 1957 (50) 580; 2010 Act No. 146, Section 50, eff March 30, 2010; 2011 Act No. 3, Section 8, eff March 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for two occurrences of "Commission"; and made other nonsubstantive changes.
The 2011 amendment substituted "may promulgate" for "must promulgate", and inserted "or natural disaster, as declared by the President of the United States,".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-280. Annual reports.

Not later than the fifteenth day of January annually, the department shall submit to the Governor and the General Assembly a report covering the administration and operation of Chapters 27 through 41 of this title during the preceding fiscal year and make recommendations for amendments to these chapters as the department considers proper. These reports must include a balance sheet of the money in the fund in which there must be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserves must be set up by the department in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period.
HISTORY: 1962 Code Section 68-78; 1952 Code Section 68-78; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 51, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-290. Recommendations as to change in contribution or benefit rates.

When the department believes a change in contribution or benefit rates is necessary to protect the solvency of the fund, it promptly must inform the Governor and the General Assembly of this information and make recommendations regarding it.
HISTORY: 1962 Code Section 68-79; 1952 Code Section 68-79; 1942 Code Section 7035-91; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 52, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 29 - Employment And Workforce - Department Of Employment And Workforce › Section 41-29-310. Workforce Investment Act transferred to Department of Employment and Workforce.

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.
HISTORY: 2010 Act No. 146, Section 2, eff March 30, 2010.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-110. Purpose.

(A) The purpose of this chapter is to endeavor to reach the workforce potential of this State. It seeks to coordinate, align, and enhance all publicly funded workforce development services and centralize oversight of the entities that provide these services to enhance accountability, enhance transparency, and promote a customer-centric workforce system so that the opportunities available through it are easy to access, highly effective, and simple to understand, and to provide a mechanism to marshal workforce development resources and services to meet the immediate and future needs of specialized industry workforce demands and economic development commitments of this State and in specific areas of the State. Further, this chapter seeks to:
(1) deliver value-added services to business customers by collaborating with them to address skills shortages in priority industries and in-demand occupations;
(2) provide for broader dissemination of information to help students, parents of students, and job seekers make career choices based on an awareness of jobs, skills in demand, and related educational pathways;
(3) develop methods for coupling workforce training with a continuum of services to assist those who are struggling to overcome workforce participation barriers; and
(4) address obstacles unique to those in rural areas.
(B) To achieve this purpose:
(1) a unified comprehensive statewide education and workforce development plan is established;
(2) all entities performing publicly funded workforce development-related functions are required to comply with the obligations under the plan; and
(3) their compliance will be monitored and, when necessary, compelled by the Office of Statewide Workforce Development, and such reports will be made publicly available in order to further transparency and better inform workforce development spending and policymaking.
HISTORY: 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
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'."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-120. Definitions.

As used in this chapter, unless the context clearly indicates otherwise:
(1) "Department" means the Department of Employment and Workforce;
(2) "Director" means the Director of the Office of Statewide Workforce Development;
(3) "Executive director" means the Executive Director of the Department of Employment and Workforce;
(4) "Executive committee" means the executive committee of the Coordinating Council for Workforce Development;
(5) "Unified State Plan" or "USP" means the comprehensive statewide education and workforce development plan that provides a systemwide approach to streamline and unify efforts of entities involved in education and workforce development in the State;
(6) "Office of Statewide Workforce Development" or "OSWD" means the Office of Statewide Workforce Development created in this chapter; and
(7) "Coordinating Council for Workforce Development" or "CCWD" means the Coordinating Council for Workforce Development administered by the department.
HISTORY: 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
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'."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-130. Transfer of functions, powers, and duties to Department of Employment and Workforce.

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.
HISTORY: 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
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'."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-310. Office of Statewide Workforce Development created.

The Office of Statewide Workforce Development is created in the Department of Employment and Workforce to coordinate, align, and direct workforce efforts throughout the State to maximize available resources and actively foster a customer-centric workforce development system that is readily accessible, highly effective, and easily understandable.
HISTORY: 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
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'."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-320. Appointment of Director; duties of Office of Statewide Workforce Development.

The Governor shall appoint the Director of the OSWD with advice and consent of the Senate, subject to removal from office by the Governor pursuant to the provisions of Section 1-3-240(B). The state agency head salary review process and the rules and guidelines thereunder apply to the director. The OSWD shall:
(1) oversee and ensure implementation of Coordinating Council for Workforce Development responsibilities pursuant to Section 41-30-540;
(2) efficiently marshal public resources to optimally align, consolidate, streamline, and coordinate publicly funded workforce development efforts in this State;
(3) provide centralized oversight of all publicly funded workforce development services in this State provided by state and local government agencies, nonprofit groups, and quasi-governmental groups that are appropriated state funds or are authorized to expend federal funds related to workforce development;
(4) provide oversight of Regional Workforce Advisors as required in Section 41-30-710, et. seq.;
(5) monitor compliance of each state and local government agency, nonprofit group, and quasi-governmental group that is appropriated state funds or is authorized to expend federal funds related to workforce development and, when necessary, direct those entities to take any action necessary to comply with the responsibilities set forth in the USP. Noncompliance with a directive of the OSWD must be recorded and made part of the report made as required in subitem (6); and
(6) shall submit an annual report by November first of each fiscal year to the Governor, Speaker of the House, President of the Senate, Chair of the House Ways & Means Committee, and Chair of the Senate Finance Committee detailing all funds used for workforce development projects by all reporting state and local government agencies, nonprofit groups, and quasi-governmental groups that are appropriated state funds or are authorized to expend federal funds related to workforce development. This report also must identify those entities that did not comply with the provisions of this chapter.
HISTORY: 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
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'."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-330. Majority vote.

Any decision of the executive committee must be made by a majority vote of the entire membership of the committee.
HISTORY: 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
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'."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-340. Development and publication of uniform procedures.

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.
HISTORY: 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
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'."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-510. Responsibilities of Coordinating Council for Workforce Development.

The Coordinating Council for Workforce Development is reconstituted and generally is responsible for:
(1) engaging in discussions, collaboration, and information sharing concerning the ability of the State to prepare and train workers to meet current and future workforce needs; and
(2) performing the other required duties of this chapter under the direction of the Chairman of the CCWD.
HISTORY: 2016 Act No. 252 (H.4145), Section 1, eff June 8, 2016; 2022 Act No. 194 (H.4766), Section 1, eff May 16, 2022. Formerly Code 1976 Section 13-1-2030(A), renumbered and amended by 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
Code Commissioner's Note
At the direction of the Code Commissioner in 2016, in (A), "Coordinating Council for Workforce Development" was substituted for "Coordinating Council of Workforce Development" to correct a typographical error.
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
2022 Act No. 194, Section 1, rewrote the section.
2023 Act No. 67, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-530. Membership of executive committee; duties.

(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.
HISTORY: 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
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'."
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-710. Responsibilities of regional workforce advisors.

(A) The OSWD shall provide oversight to the regional workforce advisors (RWA), which are to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community as provided in this article. The OSWD shall ensure that RWA's are providing services in schools and directly to students regarding opportunities available to students in industries and businesses across the state. The department shall hire RWA's and shall seek input from the State Department of Education and others, as needed, in carrying out the requirements of this section.
(B) The primary responsibilities of these advisors are to:
(1) provide services to students and adults for career planning, employment seeking, training, and other support functions;
(2) provide information, resources, and professional development programs to educators;
(3) provide resources to school districts for compliance and accountability pursuant to the provisions of Chapter 59, Title 59;
(4) provide information and resources to employers including, but not limited to, education partnerships, career-oriented learning, and training services;
(5) facilitate local connections among businesses and those involved in education; and
(6) work with school districts and institutions of higher education to create and coordinate workforce education programs.
(C) Each RWA shall coordinate career development, and postsecondary transitioning for the schools in its region.
(D) The RWAs shall provide data and reports that the department requests.
(E) Each RWA's geographic area of responsibility must conform to the geographic configuration of the local areas designated pursuant to the Workforce Innovation and Opportunity Act, Pub.L. 113-128. Each RWA's geographic area of responsibility shall have an advisory board comprised of a school district superintendent, high school principal, local workforce investment board chairperson, technical college president, four-year college or university representative, career center director or school district career and technology education coordinator, parent-teacher organization representative, and business and civic leaders. Appointees must reside or do business in the geographic area of the RWA's geographic area of responsibility. Local legislative delegations shall make the appointments to their respective advisory boards.
HISTORY: 2014 Act No. 149 (H.3410), Section 1, eff April 7, 2014. Formerly Code 1976 Section 13-1-1820, renumbered and amended by 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
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
2023 Act No. 67, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 30 - Employment And Workforce - Workforce Development › Section 41-30-720. Promotion of career information, employment options, and preparation programs.

The Department of Employment and Workforce, in collaboration with the Department of Commerce, the State Board for Technical and Comprehensive Education, the Commission on Higher Education, and the State Department of Education shall plan and promote the career information and employment options and preparation programs provided for in this section by:
(1) identifying potential employers to participate in the career-oriented learning programs;
(2) serving as a contact point for employees and job seekers who are seeking career information and training;
(3) providing labor market information including, but not limited to, supply and demand;
(4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System;
(5) collaborating with local agencies and businesses to stimulate funds; and
(6) cooperating in the creation and coordination of workforce education programs.
HISTORY: 2014 Act No. 149 (H.3410), Section 1, eff April 7, 2014. Formerly Code 1976 Section 13-1-1840, renumbered and amended by 2023 Act No. 67 (H.3726), Section 2, eff May 19, 2023.
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
2023 Act No. 67, Section 2, rewrote the first undesignated paragraph, and in (2), inserted "and job seekers who are".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-5. Definitions.

As used in this chapter:
(1) "Benefit ratio" means:
(a) for the period of January 1, 2011, through December 31, 2013, the number calculated by dividing the sum of all benefits charged to an employer during the forty calendar quarters immediately preceding the calculation date by the sum of the employer's taxable payroll for the same period. If fewer than forty but more than one calendar quarter of data are available, the data from those available calendar quarters shall be used in the calculation. The benefit ratio must be calculated annually using data for quarters filed through June thirtieth of the current year to the sixth decimal place;
(b) from January 1, 2014, the number calculated by dividing the sum of all benefits charged to an employer during the twelve calendar quarters immediately preceding the calculation date by the sum of the employer's taxable payroll for the same period. If fewer than twelve but more than one calendar quarters of data are available, the data from those available calendar quarters shall be used in the calculation. The benefit ratio must be calculated annually using data for quarters filed through June thirtieth of the current year to the sixth decimal place.
(2) "Department" means the Department of Employment and Workforce.
(3) "Statewide average required rate" means the amount of income projected to be needed by the unemployment insurance trust fund for the upcoming calendar year divided by the estimated taxable wages over the same period rounded to the sixth decimal place.
(4) "Statewide average interest surcharge" means the amount of income projected to be needed to pay interest on outstanding federal advances during the upcoming calendar year divided by the estimated taxable wages for the upcoming calendar year.
HISTORY: 2010 Act No. 234, Section 1, eff January 1, 2011; 2011 Act No. 63, Section 1, eff June 14, 2011.
Effect of Amendment
The 2011 amendment in subsection (1)(a) substituted "sum" for "average", "sum of the employer's" for "employer's average", and "for" for "during" in the first sentence, substituted "one calendar quarter" for "four calendar quarters" in the second sentence, and substituted "using data for quarters filed through June thirtieth of the current year" for "on July first" in the third sentence; and in subsection (B) in the first sentence substituted "sum" for "average", "sum of the employer's" for "employer's average", and "for" for "during", in the second sentence substituted "one calendar quarters" for "four calendar quarters", and in the third sentence substituted "using data for quarters filed through June thirtieth of the current year" for "on July first".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-10. General rate of contribution.

Each employer shall pay contributions equal to the tax rate assigned to rate class twenty except as may be otherwise provided in Chapters 27 through 41 of this title. The department must promulgate regulations regarding the methodology by which the allowed prepayment amounts will be calculated and the manner in which they will be credited to the employer's account.
HISTORY: 1962 Code Section 68-171; 1952 Code Section 68-171; 1942 Code Section 7035-87; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1955 (49) 480; 1986 Act No. 362, Section 2, eff April 3, 1986; 1999 Act No. 37, Section 2, eff June 1, 1999; 2010 Act No. 146, Section 9, eff March 30, 2010; 2010 Act No. 234, Section 1, eff January 1, 2011; 2011 Act No. 3, Section 9, eff March 14, 2011.
Effect of Amendment
The 1986 amendment changed the rate of contributions from "two and seven-tenths per cent" to "five and four-tenths percent" and made grammatical changes.
The 1999 amendment designated the former section as subsection (A), and added subsection (B).
The first 2010 amendment in subsection (A) added the last two sentences relating to prepayment.
The second 2010 amendment deleted subsection identifier (A) and subsection (B), and omitted the text added by 2010 Act No. 146 to subsection (A).
The 2011 amendment substituted "the tax rate assigned to rate class twenty" for "five and four-tenths percent of wages paid by him during each year".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-20. Employers' accounts.

(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.
HISTORY: 1962 Code Section 68-172; 1952 Code Section 68-172; 1942 Code Section 7035-87; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1949 (46) 582; 1950 (46) 2014; 1971 (57) 950, 993; 2010 Act No. 234, Section 1, eff January 1, 2011; 2011 Act No. 63, Section 2, eff June 14, 2011.
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.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-30. Classification of employers.

The department annually shall classify employers in accordance with their actual experience of the total taxable wages reported and with respect to benefits charged against their accounts to set contribution rates that reflect the employer's experience. The department shall determine the contribution rate of each employer in accordance with the requirements of Sections 41-31-20 to 41-31-70.
HISTORY: 1962 Code Section 68-173; 1952 Code Section 68-173; 1942 Code Section 7035-87; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 234, Section 1, eff January 1, 2011; 2011 Act No. 3, Section 10, eff March 14, 2011.
Effect of Amendment
The 2010 amendment rewrote the section.
The 2011 amendment substituted "of the total taxable wages reported and" for "in the payment of contributions on their own behalf and".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-40. Base rate computation periods.

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.
HISTORY: 1962 Code Section 68-174; 1952 Code Section 68-174; 1942 Code Section 7035-87; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1950 (46) 2013; 1955 (49) 480; 1986 Act No. 362, Section 3, eff April 3, 1986; 1999 Act No. 37, Section 3, eff June 1, 1999; 2002 Act No. 306, Section 4, eff June 5, 2002; 2010 Act No. 234, Section 1, eff January 1, 2011; 2011 Act No. 63, Section 3, eff June 14, 2011.
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".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-55. Additional surcharges when fund insolvent; rates; deposit in special account.

(A) In any calendar year in which the State Unemployment Insurance Trust Fund is insolvent, the State shall impose additional surcharges on all contributory employers to pay interest on the outstanding debt. The estimated amount of interest to be paid in the upcoming year will be divided by the estimated taxable payroll for the calendar year. The result rounded to the next higher one-hundredth of one percent is the statewide average surcharge.
(B) The rate for class twenty will be set so that the entire schedule raises the income required to pay interest surcharges for the year, subject to the structure defined in subsection (A). The rate for each preceding benefit rate class shall be equal to ninety percent of the rate calculated for the succeeding class, except that the rate class twelve shall be set at one-fourth the rate calculated for rate class twenty.
(C) These funds shall be deposited in a special account as provided in Section 41-33-810.
HISTORY: 2010 Act No. 234, Section 1, eff January 1, 2011; 2011 Act No. 3, Section 11, eff March 14, 2011.
Effect of Amendment
The 2011 amendment in subsection (A), in the first sentence, inserted "contributory" before "employers; and added subsection (C) relating to deposit into a special account.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-60. Tax rate when delinquent report received; no reduction in tax rate class permitted when execution for unpaid tax is outstanding.

(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.
HISTORY: 2010 Act No. 234, Section 1, eff January 1, 2011; 2011 Act No. 63, Section 5, eff June 14, 2011; 2022 Act No. 229 (S.1090), Section 2, eff June 17, 2022.
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".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-70. Account shall not be terminated on account of suspension of business for service in armed forces.

If the department finds that an employer ceased to render employment solely due to the closing of the business because of the entrance of one or more of the owners, officers, partners, or the majority stockholders into the Armed Forces of the United States, or any of its allies, or of the United Nations after January 1, 1951, such employer's account shall not be terminated; and, if the business is resumed and employment rendered within two years after the discharge or release from active duty in the armed forces of the person or persons, the employer's experience shall be deemed to have been continuous throughout that period. The benefit ratio of the employer shall be the amount calculated pursuant to Section 41-31-5, including benefits paid to any individual during the period the employer was in the armed forces. This provision shall not be construed to authorize cash refunds and any adjustments required hereunder only shall be by credit certificate.
HISTORY: 1962 Code Section 68-175.2; 1952 (47) 1889; 1955 (49) 480; 2010 Act No. 234, Section 1, eff January 1, 2011; 2011 Act No. 63, Section 6, eff June 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission" in the first sentence, and rewrote the second sentence.
The 2011 amendment in the second sentence deleted ", divided by his average annual payroll for the most recent year during the whole of which the employer has been in business and has rendered employment".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-80. Omitted by 2010 Act No. 234, Section 1, eff January 1, 2011.

Editor's Note
Former Section 41-31-80 was entitled "Statewide reserve ratio; increase in rates when ratio is less than three and one-half percent" and was derived from 1962 Code Section 68-176; 1952 Code Section 68-176; 1942 Code Section 7035-87; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1955 (49) 480; 1957 (50) 580; 1961 (52) 162, 453; 1966 (54) 2640; 1972 (57) 2187; 1973 (58) 412. 1981 Act No. 108 Section 6; 1986 Act No. 362, Section 6; 1999 Act No. 37, Section 6.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-90. Effect of change of corporate name.

In the event of a change of name by a corporation, without any change of ownership interest, the department may provide that the experience rating of the old corporation be continued by the new corporation.
HISTORY: 1962 Code Section 68-177; 1952 Code Section 68-177; 1942 Code Section 7035-87; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 234, Section 1, eff January 1, 2011.
Effect of Amendment
The 2010 amendment substituted "the department" for ""therein, the Commission".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-100. Successor by purchase, merger of entire business as employer; notice.

Any person or other legal entity who acquires by purchase, merger, consolidation, devise, inheritance or other means substantially all of the business of any employer and continues the acquired business, shall be deemed to be a successor to the predecessor from whom the business was acquired for the purpose of this article and, if not already an employer prior to the acquisition, shall become an employer on the date of the acquisition and shall succeed to the employment benefit experience record of the predecessor. The department shall prescribe by regulation the notice to be given of the acquisition. For the purposes of Chapters 27 through 41 of this title the term "substantially all" means ninety-five percent or more of the business as determined by the department in a particular case.
HISTORY: 1962 Code Section 68-178; 1952 Code Section 68-178; 1942 (42) 1691; 1943 (43) 318; 1944 (43) 1296; 1966 (54) 2640; 2010 Act No. 234, Section 1, eff January 1, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission" in the second and third sentences, and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-120. Successor by merger, purchase of part of established business.

In the event that any person acquires by purchase, merger, consolidation, devise, inheritance or otherwise, a distinct, severable, identifiable and segregable part of the business of an employer and continues the acquired part of the business of the predecessor, the successor shall succeed to that portion of the employment benefit experience record of the predecessor which is attributable solely to the portion of the business which was acquired, except that a succession to the benefit experience attributable to an identifiable portion of the business of the predecessor shall not occur unless the successor is an employer at the time of the acquisition or becomes an employer within the quarter in which the succession occurs; provided, that no partial transfer of any employment benefit experience record shall be made unless a request is entered by both the predecessor and the successor employer. The department shall prescribe by regulation a period within which notification of the acquisition shall be given and the method by which the experience to be transferred shall be computed.
HISTORY: 1962 Code Section 68-181; 1952 Code Section 68-181; 1950 (46) 2183; 1966 (54) 2640; 2010 Act No. 234, Section 1, eff January 1, 2011.
Effect of Amendment
The 2010 amendment substituted "benefit experience" for "reserve account" in the first sentence, substituted "department" for "Commission" in the second sentence, and made non substantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-130. Refunds not authorized; adjustments made by deductions from future payments.

Nothing in Sections 41-31-110 and 41-31-120 shall be construed to authorize or require the refund of any sums lawfully paid into the unemployment compensation trust fund or to authorize or require sums lawfully paid into the unemployment compensation trust fund for any purpose other than to pay unemployment compensation benefits. But the department may make the necessary adjustments in conformity with the provisions of this law by deductions of future contribution payments as though such payments or assessments had been made erroneously by any person coming within the provisions of said sections.
HISTORY: 1962 Code Section 68-185; 1952 Code 68-185; 1950 (46) 2183; 1966 (54) 2640; 2010 Act No. 234, Section 1, eff January 1, 2011.
Effect of Amendment
The 2010 amendment substituted "authorize or require sums lawfully paid into the unemployment compensation trust fund for any purpose other than " for "use otherwise any of such sums except" in the first sentence, and substituted "department" for "Commission" in the second sentence.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-140. Transfer of experience rating account.

(A) For the purposes of this section and for tax years 2010 and prior, "debit balance" means the excess of total benefits charged over total contributions made.
(B) For acquisitions that occur in tax years 2010 and prior, no transfer of experience rating accounts, in whole or in part, is permitted under the provisions of Sections 41-31-100 through 41-31-130 unless all unemployment compensation taxes based on wages paid by the transferring employer prior to the date of the transfer are paid by the transferring employer when due or assumed by the acquiring employer within sixty days from the date he is notified by the department that the transfer cannot be allowed because of unpaid unemployment compensation taxes. If the experience rating account of the predecessor employer contains a debit balance, the experience rating account of the predecessor employer in any event must be transferred to the successor employer in accordance with the provisions of Sections 41-31-100 and 41-31-120.
(C) Effective for acquisitions occurring in tax years 2011 and later, no transfer of benefit charges or taxable wages, in whole or in part, is permitted pursuant to the provisions of Sections 41-31-100 through 41-31-130 unless all unemployment compensation taxes based on wages paid by the transferring employer prior to the date of transfer are paid by the transferring employer when due or assumed by the acquiring employer within sixty days from the date he is notified by the department that the transfer cannot be allowed because of unpaid unemployment compensation taxes or outstanding contribution reports. If the predecessor employer has an acquisition year tax class of thirteen or higher, the experience of the predecessor employer in any event must be transferred to the successor employer in accordance with the provisions of Sections 41-31-100 and 41-31-120.
HISTORY: 1962 Code Section 68-185.1; 1952 (47) 1891; 1966 (54) 2640; 1986 Act No. 361, Section 3, eff April 3, 1986; 2010 Act No. 234, Section 1, eff January 1, 2011; 2011 Act No. 63, Section 8, eff June 14, 2011.
Effect of Amendment
The 1986 amendment made grammatical changes and added the provision relative to the time within which unemployment compensation taxes must be assumed by the acquiring employer.
The 2010 amendment added subsection (A) relating to the definition of "debit balance"; added subsection identifier (B); and in subsection (B) substituted "department" for "Commission" in the first sentence, and in the second sentence deleted the parenthetical definition of "debit balance".
The 2011 amendment in subsection (A) inserted "and for tax years 2010 and prior", in subsection (B) substituted "For acquisitions that occur in tax years 2010 and prior, no" for "No", and added subsection (C) relating to acquisitions occurring in tax years 2011 and later.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 31 - Contributions And Payments To The Unemployment Trust Fund › Section 41-31-150. Treatment of fractions of a cent.

In the payment of any contributions or any departmental administrative contingency assessment a fractional part of a cent must be disregarded unless it amounts to one-half cent or more, in which case it must be increased by one cent.
HISTORY: 1962 Code Section 68-186; 1952 Code Section 68-186; 1942 Code Section 7035-87; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1986 Act No. 362, Section 7, eff April 3, 1986; 2010 Act No. 234, Section 1, eff January 1, 2011.
Effect of Amendment
The 1986 amendment added "or employment security administrative contingency assessment" and made grammatical changes.
The 2010 amendment substituted "any departmental" for "employment security" and "by" for "to".