Current Status Bill Number:534 Ratification Number:407 Act Number:395 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970312 Primary Sponsor:Hayes All Sponsors:Hayes Drafted Document Number:psd\7131ac.97 Date Bill Passed both Bodies:19980603 Date of Last Amendment:19980217 Governor's Action:S Date of Governor's Action:19980609 Subject:Child labor regulations, violations, fines and offenses; Minors, Labor, Employers, Employees; Licensing, Regulation
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19980630 Act No. A395
------ 19980609 Signed by Governor
------ 19980604 Ratified R407
House 19980603 Read third time, enrolled for
ratification
House 19980602 Read second time
House 19980602 Committee amendment tabled
House 19980527 Committee report: Favorable with 26 HLCI
amendment
House 19980218 Introduced, read first time, 26 HLCI
referred to Committee
Senate 19980218 Read third time, sent to House
Senate 19980217 Read second time
Senate 19980217 Committee amendment adopted
Senate 19980212 Committee report: Favorable with 12 SLCI
amendment
Senate 19970312 Introduced, read first time, 12 SLCI
referred to Committee
View additional legislative information at the LPITS web site.
(A395, R407, S534)
AN ACT TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, TO MAKE THESE FINES OPTIONAL RATHER THAN MANDATORY, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO DETERMINE THE AMOUNT OF THE FINE BASED ON CRITERIA TO BE INCLUDED IN REGULATIONS; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.
Be it enacted by the General Assembly of the State of South Carolina:
Penalties for child labor violations increased
SECTION 1. Section 41-13-25 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 41-13-25. (A) As determined by the Director of the Department of Labor, Licensing and Regulation or the director's designee, an employer who violates a child labor regulation promulgated pursuant to this chapter must be given a written warning of the violation for a first offense or may be fined not more than one thousand dollars. For second or subsequent offenses, an employer may be fined not more than five thousand dollars for each offense. The director shall determine the amount of the penalty pursuant to procedures promulgated by the department in regulation for assessing penalties under this chapter. These regulations shall include the method for determining penalties based on the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations of the employer.
(B) The findings of the director, including the amount of the fine, are final unless within thirty days after receipt of their notice by certified mail the employer requests in writing to the director a review of the findings or the amount of the fine. If a request for review is made to the director, a final determination must be made after an opportunity for a hearing pursuant to the Administrative Procedures Act.
(C) The amount of the fine as finally determined may be recovered in a civil action brought in a court of competent jurisdiction and deposited in the state general fund.
Repeal
SECTION 2. Section 41-13-40 of the 1976 Code is repealed.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 9th day of June, 1998.