South Carolina S 279: DEW Restructuring

Bill Text

2025-2026 Bill 279 Text of Previous Version (Mar. 13, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 279

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Committee Report

March 13, 2025

S. 279

Introduced 
by Senator Massey 

S. Printed 3/13/25--S.

Read the first time January 28, 2025

________

The committee on Senate Labor, 
Commerce and Industry

To whom was referred a Bill (S. 279) to amend 
the South Carolina Code of Laws by amending Section 41-29-20, relating to the 
appointment, removal, and compensation of the Executive Director of the Department, 
etc., respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

THOMAS DAVIS for Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 41-29-20, RELATING TO THE APPOINTMENT, REMOVAL, AND COMPENSATION OF THE 
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, SO AS TO 
PROVIDE THAT THE EXECUTIVE DIRECTOR IS APPOINTED BY THE GOVERNOR WITH THE 
ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 41-29-35, RELATING TO THE 
APPOINTMENT OF THE EXECUTIVE DIRECTOR, SO AS TO PROVIDE QUALIFICATIONS FOR 
OFFICE; BY AMENDING SECTION 41-27-710, RELATING TO THE DEPARTMENT OF EMPLOYMENT 
AND WORKFORCE REVIEW COMMITTEE, SO AS TO REMOVE THE PROVISION THAT A PERSON MAY 
NOT BE APPOINTED UNLESS THE COMMITTEE FINDS THE APPOINTEE QUALIFIED; AND BY 
AMENDING SECTION 41-27-720, RELATING TO DUTIES OF COMMITTEE, SO AS TO REMOVE 
THE PROVISION THAT THE COMMITTEE SHALL NOMINATE THREE QUALIFIED APPLICANTS FOR 
THE CONSIDERATION OF THE GOVERNOR.

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

SECTION 1. Section 41-29-20 of the S.C. Code is amended to read:

 Section 
41-29-20. There is hereby created the South Carolina Department of Employment 
and Workforce which must be managed and operated by an executive director nominated by the State Department of Employment and Workforce 
Review Committee and appointed by the Governor, 
with advice and consent of the Senate. The term of the executive 
director is conterminous with that of the Governor and until a successor is 
appointed pursuant to this actchapter. 
The executive director is subject to removal by the Governor as provided in 
Section 1-3-240(B). The executive director shall receive compensation as 
established under the provisions of Section 8-11-160 and for which funds have 
been authorized in the general appropriations act. For the purposes of this 
chapter, "department" means the South Carolina Department of Employment and 
Workforce.

SECTION 2. Section 41-29-35 of the S.C. Code is amended to read:

 Section 
41-29-35. (A) The Executive Director of the Department of 
Employment and Workforce must be appointed pursuant to the procedure set forth 
in Section 41-27-720.

 (B)(A) The committee must nominate three 
applicants found qualified to serve as executive director for the Governor's 
consideration. In making nominations to the 
Governor his executive director appointment, 
the committee Governor should 
consider race, gender, national origin, and other demographic factors to ensure 
nondiscrimination to the greatest extent possible as to all segments of the 
population of the State. The committee Governor must also give due consideration to a person'sthe appointee's 
ability, area of expertise, dedication, compassion, common sense, and 
integrity. If fewer than three applicants are found 
qualified to serve as executive director, the committee must resolicit for 
applicants and continue the screening process until three applicants are found 
qualified and nominated.

 (1) A person may not be 
appointed to serve as permanent executive director unless the committee finds 
the person qualified.

 (2) The Governor must 
transmit the name of his appointee to the Senate for advice and consent.

 (3) If the Governor 
rejects all of the nominees, the committee must reopen the nominating process.

 (C)(B) For the committee to find a 
person qualified, heThe Governor's appointee 
must have:

 (1) 
a baccalaureate or more advanced degree from:

 (a) 
a recognized institution of higher learning requiring face to face contact 
between its students and instructors prior to completion of the academic 
program;

 (b) 
an institution of higher learning that has been accredited by a regional or 
national accrediting body; or

 (c) 
an institution of higher learning chartered before 1962; and

 (2) 
a background of substantial duration and expertise in business, labor and 
employment, employment benefits, human resource management, or five years' 
experience as a practicing attorney.

 (D) The committee may find 
a person qualified although he does not have a background of substantial 
duration a