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Panel advances bill indexing unemployment benefits to state rate, adds misconduct fixes

House Ways and Means Committee · February 3, 2026
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Summary

The committee adopted two amendments to House Bill 34 77 to update its effective date and data source, and to revise misconduct qualifications in unemployment law; the measure received a favorable report by a 20-1 roll-call vote after questions about seasonal workers and appeals procedures.

Representative Brandon Newton presented House Bill 34 77, a measure to index the duration of unemployment-insurance benefits to the state unemployment rate so that benefit weeks change based on current unemployment. Newton said the bill had passed the House in the previous term and that the committee amendment corrected an effective date because the bill was filed last year.

Newton described amendment #1 as arising from oversight testimony: it replaces the originally referenced data with what he described as more reliable DEW data and makes two changes to misconduct-qualification language in existing statute. Newton used an example to explain an anomaly in the current law: "if, let's say, an employee stole $45 and they were fired for that reason, they would receive a harsher penalty on receiving future unemployment benefits than if you stole 1,000,000 dollars," he said. The amendment is intended to fix that disproportionate outcome.

Representative Tom Hunter asked whether the bill affects seasonal workers who are regularly laid off (he cited Husqvarna in Orangeburg County); Newton said the bill does not address seasonal-worker rules and that federal workforce changes had not been raised at subcommittee.

Representative Moss raised concerns about whether employers must bring criminal charges before benefits can be reduced and expressed skepticism about appeal outcomes; Newton noted the bill does not change criminal-charge requirements and that appeals processes exist, though Moss said in his experience appeals are often unsuccessful.

The clerk conducted a roll-call vote on a favorable report. The chair announced a vote of 20 to 1 and declared House Bill 34 77 given a favorable report. The committee then moved to the next agenda item.