S*981 Session 108 (1989-1990)
S*0981(Rat #0733, Act #0593 of 1990) General Bill, By M.T. Rose and Wilson
A Bill to amend Title 44, Code of Laws of South Carolina, 1976, relating to
health, by adding Chapter 107 so as to enact the Drug-Free Workplace Act and
to amend the 1976 Code by adding Section 41-1-85, so as to provide that the
use of tobacco products outside the workplace must not be the basis of a
personnel action.-amended title
12/11/89 Senate Prefiled
12/11/89 Senate Referred to Committee on Medical Affairs
01/09/90 Senate Introduced and read first time SJ-79
01/09/90 Senate Referred to Committee on Medical Affairs SJ-79
04/03/90 Senate Committee report: Favorable with amendment
Medical Affairs SJ-20
04/19/90 Senate Amended SJ-60
04/19/90 Senate Read second time SJ-64
04/19/90 Senate Ordered to third reading with notice of
amendments SJ-64
04/24/90 Senate Read third time and sent to House SJ-16
04/25/90 House Introduced and read first time HJ-25
04/25/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-25
05/22/90 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-7
05/24/90 House Amended HJ-47
05/24/90 House Debate adjourned until Tuesday, May 29, 1990 HJ-54
05/29/90 House Objection by Rep. Whipper, Blanding & Gregory HJ-27
05/30/90 House Objection withdrawn by Rep. Blanding HJ-24
05/30/90 House Objection withdrawn by Rep. Whipper HJ-26
05/30/90 House Objection withdrawn by Rep. Gregory HJ-29
06/04/90 House Read second time HJ-25
06/05/90 House Reconsider vote whereby read second time HJ-18
06/05/90 House Read second time HJ-18
06/05/90 House Unanimous consent for third reading on next
legislative day HJ-18
06/06/90 House Read third time and returned to Senate with
amendments HJ-60
06/07/90 Senate Concurred in House amendment and enrolled SJ-50
06/19/90 Ratified R 733
06/25/90 Signed By Governor
06/25/90 Act No. 593
06/25/90 See act for exception to or explanation of
effective date
07/16/90 Copies available
(A593, R733, S981)
AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE
WORKPLACE ACT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 41-1-85 SO
AS TO PROVIDE THAT THE USE OF TOBACCO PRODUCTS OUTSIDE THE WORKPLACE
MUST NOT BE THE BASIS OF A PERSONNEL ACTION.
Be it enacted by the General Assembly of the State of South Carolina:
Drug-free Workplace Act
SECTION 1. Title 44 of the 1976 Code is amended by adding:
"CHAPTER 107
The Drug-free Workplace Act
Section 44-107-10. This chapter may be cited as `The Drug-free
Workplace Act'.
Section 44-107-20. As used in this chapter:
(1) 'Drug-free workplace' means a site for the performance
of work done in connection with a specific grant or contract of an
entity at which employees of the entity are prohibited from engaging
in the unlawful manufacture, distribution, dispensation, possession,
or use of a controlled substance in accordance with the requirements
of this chapter.
(2) 'Employee' means the employee of a grantee or
contractor engaged in the performance of work pursuant to the
provisions of the grant or contract.
(3) 'Controlled substance' means a controlled substance in
Article 3, Chapter 53 of this title.
(4) 'Conviction' means a finding of guilt, including a
plea of nolo contendere or imposition of sentence, or both, by any
judicial body charged with the responsibility to determine violations
of the federal or state criminal drug statutes.
(5) 'Criminal drug statute' means a criminal statute
involving manufacture, distribution, dispensation, use, or possession
of any controlled substance.
(6) 'Grantee' means the department, division, or other
unit of a person responsible for the performance under a grant.
(7) 'Contractor' means the department, division, or other
unit of a person responsible for the performance under a contract with
a state agency.
Section 44-107-30. No person, other than an individual, may
receive a domestic grant or be awarded a domestic contract for the
procurement of any goods, construction, or services for a stated or
estimated value of fifty thousand dollars or more from any state
agency unless the person has certified to the using agency that it
will provide a drug-free workplace by:
(1) publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensation, possession, or use
of a controlled substance is prohibited in the person's workplace and
specifying the actions that will be taken against employees for
violations of the prohibition;
(2) establishing a drug-free awareness program to inform
employees about:
(a) the dangers of drug abuse in the workplace;
(b) the person's policy of maintaining a drug-free
workplace;
(c) any available drug counseling, rehabilitation,
and employee assistance programs; and
(d) the penalties that may be imposed upon employees
for drug violations;
(3) making it a requirement that each employee to be
engaged in the performance of the contract be given a copy of the
statement required by item (1);
(4) notifying the employee in the statement required by
item (1) that, as a condition of employment on the contract or grant,
the employee will:
(a) abide by the terms of the statement; and
(b) notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than
five days after the conviction;
(5) notifying the using agency within ten days after
receiving notice under item (4)(b) from an employee or otherwise
receiving actual notice of the conviction;
(6) imposing a sanction on, or requiring the satisfactory
participation in a drug abuse assistance or rehabilitation program by,
any employee convicted as required by Section 44-107-50; and
(7) making a good faith effort to continue to maintain a
drug-free workplace through implementation of items (1), (2), (3),
(4), (5), and (6).
Section 44-107-40. No state agency may enter into a domestic
contract or make a domestic grant with any individual for a stated or
estimated value of fifty thousand dollars or more unless the contract
or grant includes a certification by the individual that the
individual will not engage in the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance in the
performance of the contract.
Section 44-107-50. A grantee or contractor shall, within thirty
days after receiving notice from an employee of a conviction pursuant
to Article 3, Chapter 53 of this title:
(1) take appropriate personnel action against the employee
up to and including termination; or
(2) require the employee to participate satisfactorily in
a drug abuse assistance or rehabilitation program approved for the
purposes by a federal, state, or local health, law enforcement, or
other appropriate agency.
Section 44-107-60. Each domestic contract or domestic grant
awarded by a state agency is subject to suspension of payments or
termination or both, and the contractor or grantee under the contract
or grant or the individual who entered the contract with or received
the grant from the state agency, as applicable, is subject to
suspension or debarment in accordance with Section 11-35-4220 if the
appropriate Chief Procurement Officer, as defined in Section
11-35-310(5), determines that:
(1) the contractor or grantee has made a false
certification under Section 44-107-30 or 44-107-40;
(2) the contractor or grantee violates the certification
by failing to carry out the requirements of Section 44-107-30(1), (2),
(3), (4), (5), and (6);
(3) the contractor or grantee does not take appropriate
remedial action against employees convicted on drug offenses as
specified in Section 44-107-50; or
(4) the number of employees of the contractor or grantee
who have been convicted of violations of criminal drug statutes for
violations occurring in the workplace reasonably indicates that the
contractor or grant recipient has failed to make a good faith effort
to provide a drug-free workplace as required by this chapter.
Section 44-107-70. Upon issuance of any final decision under this
chapter requiring debarment of a contractor, grantee, or individual,
the contractor, grantee, or individual is ineligible for award of any
contract or grant by any state agency for a period specified in the
decision of at least one year but not to exceed five years.
Section 44-107-80. Upon request, the South Carolina Commission
on Alcohol and Drug Abuse shall provide technical assistance to any
state agency to assist with the implementation of this chapter.
Additionally, upon request, the names and addresses of contractors and
grantees providing a drug-free workplace pursuant to this chapter must
be provided to the commission.
Section 44-107-90. Failure to comply with any provision of this
chapter shall not be grounds for any protest under Section
11-35-4210."
Personnel actions prohibited
SECTION 2. A. Chapter 1, Title 41 of the 1976 Code is amended
by adding:
"Section 41-1-85. The use of tobacco products outside
the workplace must not be the basis of personnel action, including,
but not limited to, employment, termination, demotion, or promotion of
an employee."
B. This section takes effect upon approval by the Governor.
Time effective
SECTION 3. Upon approval by the Governor, Chapter 107 of Title 44
of the 1976 Code, as added by this act, applies to grants made or
contracts executed after December 31, 1990.
Approved the 25th day of June, 1990.
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