South Carolina General Assembly
114th Session, 2001-2002

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Bill 3142


                    Current Status

Bill Number:                      3142
Ratification Number:              426
Act Number:                       357
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010109
Primary Sponsor:                  Cato
All Sponsors:                     Cato, Wilkins, Walker, Simrill, 
                                  Davenport, Sandifer, Vaughn, Robinson, Altman, 
                                  Cotty, White, Thompson, Knotts, Campsen, 
                                  McGee, Coates, Bingham
Drafted Document Number:          l:\council\bills\nbd\11040ac01.doc
Date Bill Passed both Bodies:     20020529
Date of Last Amendment:           20020528
Governor's Action:                S
Date of Governor's Action:        20020726
Subject:                          Right to work law, Labor, Licensing and 
                                  Regulation Department Director to ensure 
                                  compliance with; provisions regarding


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020807  Act No. A357
------  20020726  Signed by Governor
------  20020604  Ratified R426
Senate  20020529  Ordered enrolled for ratification
House   20020528  Conference Committee Report adopted    98 HCC
Senate  20020523  Conference Committee Report adopted    88 SCC
Senate  20020423  Conference Committee Appointed         88 SCC  Martin
                                                                 Alexander
                                                                 Pinckney
House   20020418  Conference Committee Appointed         98 HCC  Cato
                                                                 Law
                                                                 Lee
Senate  20020417  Non-concurrence in House amendment
House   20020417  Senate amendments amended,
                  returned to Senate with amendment
Senate  20020410  Amended, read third time, 
                  returned to House with amendment
Senate  20020404  Debate interrupted by adjournment
Senate  20020403  Made Special Order
------  20020402  Scrivener's error corrected
Senate  20020328  Amended, read second time, 
                  notice of general amendments
Senate  20020327  Debate interrupted by adjournment
Senate  20020326  Made Special Order
Senate  20010531  Committee report: majority             12 SLCI
                  favorable, minority unfavorable
Senate  20010220  Introduced, read first time,           12 SLCI
                  referred to Committee
House   20010215  Read third time, sent to Senate
House   20010214  Read second time
House   20010206  Request for debate by Representative           Clyburn
                                                                 Law
                                                                 Cato
                                                                 Hamilton
                                                                 Easterday
                                                                 Leach
                                                                 J.R. Smith
                                                                 Sharpe
                                                                 Chellis
                                                                 Hinson
                                                                 W.D. Smith
                                                                 Lloyd
House   20010206  Objection by Representative                    Cobb-Hunter
                                                                 Govan
                                                                 J.E. Smith
                                                                 Weeks
                                                                 Miller
                                                                 Hosey
                                                                 Breeland
                                                                 R. Brown
                                                                 Mack
                                                                 Gourdine
                                                                 J.H. Neal
                                                                 Howard
House   20010206  Co-Sponsor added (Rule 5.2) by Rep.            Bingham
House   20010201  Co-Sponsor added (Rule 5.2) by Rep.            McGee
                                                                 Coates
House   20010201  Co-Sponsor added (Rule 5.2) by Rep.            Campsen
House   20010131  Committee report: Favorable            26 HLCI
House   20010130  Co-Sponsor added (Rule 5.2) by Rep.            Knotts
House   20010124  Co-Sponsor added (Rule 5.2) by Rep.            White
                                                                 Thompson
House   20010110  Co-Sponsor added (Rule 5.2) by Rep.            Cotty
House   20010109  Introduced, read first time,           26 HLCI
                  referred to Committee
House   20001220  Prefiled, referred to Committee        26 HLCI


              Versions of This Bill
Revised on January 31, 2001 - Word format
Revised on May 31, 2001 - Word format
Revised on March 28, 2002 - Word format
Revised on April 2, 2002 - Word format
Revised on April 10, 2002 - Word format
Revised on April 17, 2002 - Word format
Revised on May 28, 2002 - Word format

View additional legislative information at the LPITS web site.


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

(A357, R426, H3142)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK", TO REQUIRE THE DIRECTOR TO COOPERATE WITH AN EMPLOYEE IN THE INVESTIGATION AND ENFORCEMENT OF CLAIMS, TO AUTHORIZE THE DIRECTOR TO ENTER A PLACE OF EMPLOYMENT TO EVALUATE COMPLIANCE, TO PROHIBIT OBSTRUCTING THE DIRECTOR IN CARRYING OUT HIS DUTIES AND TO PROVIDE PENALTIES; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED, AND TO AUTHORIZE AN APPEAL TO THE ADMINISTRATIVE LAW JUDGE DIVISION FROM A FINAL ACTION OF THE DEPARTMENT; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO ALSO PROHIBIT A PERSON OR A LABOR ORGANIZATION FROM PARTICIPATING IN AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A PERSON OR LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; AND TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES IF AN EMPLOYEE ENTERS A ONE-YEAR IRREVOCABLE WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION, SO AS TO PROVIDE THAT THE EMPLOYEE HAS THE RIGHT TO REVOKE THE AGREEMENT AFTER ONE YEAR.

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

Director to ensure chapter compliance

SECTION 1. The 1976 Code is amended by adding:

"Section 41-7-75. (A) The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.

(B) Upon the filing of a complaint with the department, the director or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter is a violation of this chapter and punishable accordingly.

(C) After a complaint has been filed, if the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."

Civil penalties; review and appeals

SECTION 2. The 1976 Code is amended by adding:

"Section 41-7-100. (A) A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.

(B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter.

(C) A person aggrieved by a final action of the department may appeal the decision to the Administrative Law Judge Division in accordance with the Administrative Procedures Act and the rules of the Administrative Law Judge Division. Service of a petition requesting a review does not stay the department's decision pending completion of the appellate process."

Labor organization membership cannot be required

SECTION 3. Section 41-7-30 of the 1976 Code is amended to read:

"Section 41-7-30. (A) It is unlawful for an employer to require an employee, as a condition of employment, or of continuance of employment to:

(1) be or become or remain a member or affiliate of a labor organization or agency;

(2) abstain or refrain from membership in a labor organization; or

(3) pay any fees, dues, assessments, or other charges or sums of money to a person or organization.

(B) It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.

(C) It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."

Membership dues may be deducted

SECTION 4. Section 41-7-40 of the 1976 Code is amended to read:

"Section 41-7-40. Nothing in this chapter precludes an employer from deducting from the wages of the employees and paying over to a labor organization, or its authorized representative, membership dues in a labor organization; however, the employer must have received from each employee, on whose account the deductions are made, a written assignment which must not be irrevocable for a period of more than one year or until the termination date of any applicable collective agreement or assignment, whichever occurs sooner. After one year, the employee has the absolute right to revoke the written assignment allowing for deduction of membership dues in a labor union."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Ratified the 4th day of June, 2002.

Approved the 26th day of July, 2002.

__________


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