Maximum potential employment benefits

2025-2026 Bill 3477: Maximum potential employment benefits - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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This Bill
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Indicates Matter Stricken
Indicates New Matter
H. 3477
STATUS INFORMATION
General Bill
Sponsors: Reps. Caskey, Bannister, G.M. Smith, B. Newton, Hewitt, Long, Wooten, C. Mitchell, Pope, W. Newton, Sessions, Neese, Weeks, Bowers, Moss, Hartz, Lawson, Rankin, Guest, Brittain, Lowe, Sanders, M.M. Smith, T. Moore, Ballentine, Martin, Ligon, Oremus, Pedalino, Calhoon, Davis, Taylor, Holman, Erickson, Brewer, Gatch, Yow, Haddon, Hixon, Hiott, Wickensimer, Jordan, Hardee and Chapman
Document Path: LC-0075WAB25.docx
Introduced in the House on January 14, 2025
Introduced in the Senate on February 24, 2026
Last Amended on February 18, 2026

Currently residing in the Senate Committee on
Labor, Commerce and Industry
Summary: Maximum potential employment benefits
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/5/2024

House

Prefiled

12/5/2024

House

Referred to Committee on
Ways and Means

1/14/2025

House

Introduced and read first time (
House Journal-page 218
)

1/14/2025

House

Referred to Committee on
Ways and Means
(
House Journal-page 218
)

1/28/2026

House

Member(s) request name added as sponsor:
Sessions, Neese

1/29/2026

House

Member(s) request name added as sponsor: Weeks

2/3/2026

House

Member(s) request name added as sponsor: Bowers,
Moss, Hartz, Lawson, Rankin, Guest,
Brittain, Lowe, Sanders, M.M. Smith, T.
Moore, Ballentine, Martin, Ligon, Oremus,
Pedalino, Calhoon, Davis, Taylor, Holman,
Erickson, Brewer, Gatch, Yow, Haddon,
Hixon, Hiott, Wickensimer, Jordan, Hardee

2/3/2026

House

Committee report: Favorable with amendment
Ways and Means
(
House Journal-page 4
)

2/4/2026

House

Debate adjourned until Tues., 2-10-26 (
House Journal-page 18
)

2/10/2026

House

Debate adjourned (
House Journal-page 17
)

2/11/2026

House

Requests for debate-Rep(s). Hewitt, B Newton,
Hiott, Duncan, Lawson, McCravy, Caskey, Martin,
Calhoon, White, Kirby, Brittain (
House Journal-page 14
)

2/18/2026

House

Member(s) request name added as sponsor: Chapman

2/18/2026

House

Amended (
House Journal-page 17
)

2/18/2026

House

Read second time (
House Journal-page 17
)

2/18/2026

House

Roll call Yeas-114 Nays-0 (
House Journal-page 23
)

2/19/2026

House

Read third time and sent to Senate (
House Journal-page 31
)

2/19/2026

House

Roll call Yeas-107 Nays-0 (
House Journal-page 32
)

2/24/2026

Senate

Introduced and read first time (
Senate Journal-page 6
)

2/24/2026

Senate

Referred to Committee on
Labor, Commerce and Industry
(
Senate Journal-page 6
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/05/2024
02/03/2026
02/18/2026

Indicates Matter
Stricken

Indicates New Matter

Amended

February 18, 2026

H. 3477

Introduced by Reps. Caskey, Bannister, G. M.
Smith, B. Newton, Hewitt, Long, Wooten, C. Mitchell, Pope, W. Newton, Sessions,
Neese, Weeks, Bowers, Moss, Hartz, Lawson, Rankin, Guest, Brittain, Lowe,
Sanders, M. M. Smith, T. Moore, Ballentine, Martin, Ligon, Oremus, Pedalino,
Calhoon, Davis, Taylor, Holman, Erickson, Brewer, Gatch, Yow, Haddon, Hixon,
Hiott, Wickensimer, Jordan, Hardee and Chapman

S. Printed 2/18/26--H.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
41-35-50
, RELATING TO THE MAXIMUM UNEMPLOYMENT INSURANCE BENEFITS
ALLOWED IN A BENEFIT YEAR, SO AS TO BASE THE DURATION OF UNEMPLOYMENT BENEFITS
ALLOWED ON SEASONALLY ADJUSTED STATEWIDE UNEMPLOYMENT RATES, TO PROVIDE
REQUIREMENTS FOR CALCULATING THE RATES, AND TO PROVIDE THE DEPARTMENT OF
EMPLOYMENT AND WORKFORCE SHALL PROMULGATE CERTAIN RELATED REGULATIONS; AND BY
AMENDING SECTION
41-35-120
, RELATING TO DISQUALIFICATION FOR BENEFITS.

Amend Title To Conform

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
41-35-50
of the S.C. Code is amended to read:

S
ection
41-35-50
.
T
he maximum potential benefits of any insured worker in a benefit
year are the lesser of:

(
1) twenty times his weekly benefit
amount;

(
2) one-third of his wages for insured
work paid during his base period.

If the resulting amount is
not a multiple of one dollar, the amount must be reduced to the next lower
multiple of one dollar, except that no insured worker may receive benefits in a
benefit year unless,

subsequent to the beginning of
the next preceding benefit year during which he received benefits, he performed
"insured work" as defined in Section
41-27-300
and earned wages in the employ
of a single employer in an amount equal to not less than eight times the weekly
benefit amount established for the individual in the preceding benefit year
(
A) The maximum number of weeks an individual is allowed to
receive one hundred percent of his or her weekly benefit amount depends on the
seasonally adjusted statewide unemployment rate that applies to the three-month
reference period in which the effective date of the claim falls. One
three-month reference period begins on January first, the second three-month
reference period begins on April first, the third three-month reference period
begins on July first, and the fourth three-month reference period begins on
October first. For the reference period that begins January first, the average
of the seasonally adjusted unemployment rates for the State for the preceding
months of August, September, and October apply. For the reference period that
begins April first, the average of the seasonally adjusted unemployment rates
for the State for the preceding months of

November, December, and
January apply. For the

reference period that begins
July first, the average of the seasonally adjusted unemployment rates for the
State for the preceding months of February, March, and April apply. For the
reference period that begins October first, the average of the seasonally
adjusted unemployment rates for the State for the preceding months of May,
June, and July apply. The Department of Employment and Workforce must use the
most recent seasonally adjusted unemployment rates determined by the U.S.
Department of Labor, Bureau of Labor Statistics.

7

Seasonally Adjusted
Unemployment Rate

Number of Weeks

8

Less than or equal to
5.5%

12 weeks

9

Greater than 5.5% up to
6%

13 weeks

10

Greater than 6% up to
6.5%

14 weeks

11

Greater than 6.5% up to
7%

15 weeks

12

Greater than 7% up to
7.5%

16 weeks

13

Greater than 7.5% up to
8%

17 weeks

14

Greater than 8% up to
8.5%

18 weeks

15

Greater than 8.5% up to
9%

19 weeks

16

Greater than 9%

20 weeks

(
B) The maximum total benefits paid to
an individual in a benefit year equals the individual's weekly benefit amount
allowed under Section
41-35-40
multiplied by the number of weeks allowed under
subsection (A).

(
C) The department shall promulgate
regulations to ensure compliance with job search requirements and to prevent
fraud. These regulations may include verification of attendance at job
interviews.

S
ECTION 2.
S
ection
41-35-120
(2), (3), and (4) of the S.C. Code is
amended to read:

(
2)
(
a) Discharge for misconduct connected
with the employment. If the department finds that he has been discharged for
misconduct connected with his most recent work prior to filing a request for
determination of insured status or a request for initiation of a claim series
within an established benefit year, with ineligibility beginning with the
effective date of the request, and continuing for the
next
twenty weeks
maximum duration of benefits
applicable to the claim
, in addition to the waiting period, with a corresponding
and mandatory reduction of the insured worker's benefits to be calculated by
multiplying his weekly benefit amount by
twenty
the maximum duration of benefits applicable to the claim
.
For the purposes of this item, "misconduct" is limited to conduct evincing such
wilful and wanton disregard of an employer's interests as is found in
deliberate violations or disregard of standards of behavior which the employer
has the right to expect of his employee, or in the carelessness or negligence
of such degree or recurrence as to manifest equal culpability, wrongful intent,
or evil design, or to show an intentional and substantial disregard of the
employer's interest or of the employee's duties

and obligations to his employer. No finding of
misconduct may be made for discharge resulting from an extreme hardship,
emergency, sickness, or other extraordinary circumstance.

(
b)
If the department finds that he has been discharged for cause, other than
misconduct as defined in item (2)(a), connected with his most recent work prior
to filing a request for determination of insured status or a request for
initiation of a claim series within an established benefit year, then the
department must find him partially ineligible. The ineligibility must begin
with the effective date of the request, and continuing not less than five nor
more than
the next nineteen weeks
one week less than the

maximum
duration of benefits applicable to the claim
, in addition to the waiting
period. A corresponding and mandatory reduction of the insured worker's
benefits, to be calculated by multiplying his weekly benefit amount by the
number of weeks of his disqualification, must be made. The ineligibility period
must be determined by the department in each case according to the seriousness
of the cause for discharge. Discharge resulting from substandard performance
due to inefficiency, inability, or incapacity shall not serve as a basis for
disqualification under either subitem (a) or (b) of this item.

(
3)
(
a) Discharge for illegal drug use,
and is ineligible for benefits beginning with the effective date of the request
and continuing
until he has secured employment and shows
to the satisfaction of the department that he has performed services in
employment as defined by Chapters 27 through 41 of this title and earned wages
for those services equal to at least eight times the weekly benefit amount of
his claim
for the maximum duration of benefits
applicable to the claim, in addition to the waiting period, with a
corresponding and mandatory reduction of the insured worker's benefits to be
calculated by multiplying his weekly benefit amount by the maximum duration of
benefits applicable to the claim
if the:

(
i)
company has communicated a policy prohibiting the illegal use of drugs, the
violation of

which may result in termination; and

(
ii)
insured worker fails or refuses to provide a specimen pursuant to a request
from the employer, or otherwise fails or refuses to cooperate by providing an
adulterated specimen; or

(
iii)
insured worker provides a blood, hair, oral fluid, or urine specimen during a
drug test administered on behalf of the employer, which tests positive for
illegal drugs or legal drugs used unlawfully, provided:

(
A) the sample was collected and
labeled by a licensed health care professional or another individual authorized
to collect and label test samples by federal or state law, including law
enforcement personnel; and

(
B) the test was performed by a
laboratory certified to perform such tests by the United States Department of
Health and Human Services (USDHHS)/Substance Abuse Mental Health Services
Administration (SAMHSA), the College of American Pathologists or the State Law
Enforcement Division; and

(
C) an initial positive test was
confirmed on the specimen using the gas chromatography/mass spectrometry
method, or an equivalent or a more accurate scientifically accepted method
approved by USDHHS/SAMHSA;

(
iv)
for purposes of this item, "unlawfully" means without a prescription.

(
b)
If an insured worker makes an admission pursuant to the employer's policy,
which provides that voluntary admissions made before the employer's request to
the employee to submit to testing may protect an employee from immediate
termination, then the admission is inadmissible for purposes of

this section as long as the:

(
i)
employer has communicated a written policy, which provides protection from
immediate termination for employees who voluntarily admit prohibited drug use
before the employer's request to submit to a test; and

(
ii)
employee makes the admission specifically pursuant to the employer's policy.

(
c)
Information, interviews, reports, and drug-test results, written or otherwise,
received by an employer through a drug-testing program may be used or received
in evidence in proceedings conducted pursuant to the provisions of this title
for the purposes of determining eligibility for unemployment compensation,
including administrative or judicial appeal.

(
4)
Discharge for gross misconduct, and is ineligible for benefits
beginning with the effective date of the request and continuing until he has
secured employment and shows to the satisfaction of the department that he has
performed services in employment as defined by Chapters 27 through 41 of this
title and earned wages for those services equal to at least eight times the
weekly benefit amount of his claim if he is discharged due to:

(i) wilful or reckless
employee damage to employer property that results in damage of more than fifty
dollars;

(ii) employee
consumption of alcohol or being under the influence of alcohol on employer
property in violation of a written company policy restricting or prohibiting
consumption of alcohol;

(iii) employee theft of
items valued at more than fifty dollars;

(iv) failure to comply
with applicable state or federal drug and alcohol testing and use regulations
including, but not limited to, 49 C.F.R. part 40 and part 382 of the federal
motor carrier safety regulations, while on the job or on duty, and regulations
applicable for employees performing transportation and other safety sensitive
job functions as defined by the federal government;

(v) employee committing
criminal assault or battery of another employee or a customer;

(vi) employee committing
criminal abuse of patient or child in his professional care;

(vii) employee
insubordination, which is defined as wilful failure to comply with a lawful,
reasonable order of a supervisor directly related to the employee's employment
as described in an

applicable written job
description; or

(viii) employee wilful
neglect of duty directly related to the employee's employment as described in
an applicable written job description
R
eserved
.

SECTION 3

A
rticle 5, Chapter 27, Title 41 of the S.C. Code is
amended by adding:

S
ection
41-27-660
.
U
nless the context clearly requires
otherwise, the Department of Employment and Workforce is authorized to send by
electronic means any report, notice, demand, bill, or other communication or
item that is statutorily required in Chapters 27 through 41 to be mailed. Any
reference to a requirement that something be mailed must be construed to mean
it may be sent physically by the United States Postal Service or a commercial
or courier or electronically or digitally by electronic transmission, including
email or other digital messaging systems.

S
ECTION 4.
A
rticle 5, Chapter 27, Title 41 of the S.C. Code is
amended by adding:

S
ection
41-27-315
.
"
Mailed" means sent to a recipient:

(
1)
physically by the United States Postal Service or a private or commercial
courier; or

(
2)
electronically or digitally by electronic transmission, including email or
other digital messaging systems. Any reference to a requirement in this chapter
that a report, notice, demand, bill, or other item be mailed must be construed
to mean it may be transmitted physically as provided in item (1) or
electronically as provided in this item.

S
ECTION 5. This act takes effect upon approval
by the Governor and is applicable to unemployment insurance claims with an
effective date on or after January 1, 2027.

----XX----

This web page was last updated on February 18, 2026 at 7:58 PM