H 3941 General Bill, By Sandifer, Harrell, Bannister, Daning, Erickson, 
Forrester and Gambrell
 A BILL TO AMEND SECTION 6-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO A POLITICAL SUBDIVISION'S AUTHORITY TO SET A MINIMUM WAGE, SO AS
 TO ALSO PROHIBIT THE MANDATE OF AN EMPLOYEE BENEFIT.

   04/11/13  House  Introduced and read first time (House Journal-page 69)
   04/11/13  House  Referred to Committee on Labor, Commerce and
                     Industry (House Journal-page 69)
   04/24/13  House  Committee report: Favorable Labor, Commerce and
                     Industry (House Journal-page 1)
   04/30/13  House  Amended (House Journal-page 33)
   04/30/13  House  Read second time (House Journal-page 33)
   04/30/13  House  Roll call Yeas-103  Nays-0 (House Journal-page 34)
   05/01/13  House  Read third time and sent to Senate
                     (House Journal-page 5)
   05/01/13  Senate Introduced and read first time (Senate Journal-page 6)
   05/01/13  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 6)
   05/29/13  Senate Recalled from Committee on Judiciary
   05/29/13  Senate Committed to Committee on Labor, Commerce and Industry
   04/02/14  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Labor, Commerce and
                     Industry (Senate Journal-page 12)
   05/01/14  Senate Committee Amendment Adopted (Senate Journal-page 46)
   05/07/14  Senate Read second time (Senate Journal-page 15)
   05/07/14  Senate Roll call Ayes-37  Nays-1 (Senate Journal-page 15)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

May 1, 2014

H. 3941

Introduced by Reps. Sandifer, Harrell, Bannister, Daning, Erickson, Forrester and Gambrell

S. Printed 5/1/14--S.

Read the first time May 1, 2013.

TO AMEND SECTION 6-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A POLITICAL SUBDIVISION'S AUTHORITY TO SET A MINIMUM WAGE, SO AS TO ALSO PROHIBIT THE MANDATE OF AN EMPLOYEE BENEFIT.

Amend Title To Conform

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

SECTION    1.    Section 6-1-130 of the 1976 Code is amended to read:

"Section 6-1-130.     (A)    For purposes of this section 'political subdivision' includes, but is not limited to a municipality, county, school district, special purpose district, or public service district.

(B)    A political subdivision of this State may not establish, mandate, or otherwise require a minimum wage rate that exceeds the federal minimum wage rate set forth in Section 6 of the Fair Labor Standards Act of 1938, 29 U.S.C. 206. Also, a political subdivision of this State may not establish, mandate, or otherwise require a minimum wage rate related to employee wages that are exempt under 29 U.S.C. 201 et seq., the Fair Labor Standards Act of 1938. Also, a political subdivision of this State may not mandate or otherwise require an employee benefit.

(C)    This section does not limit the authority of political subdivisions to establish wage rates or employee benefits in contracts or employment relationships to which they are a party.

(D)    For purposes of this section,:

(1)    'Employee benefit' means anything of value that an employee may receive from an employer in addition to wage. This term includes, but is not limited to, any health benefits, disability benefits, death benefits, group accidental death and dismemberment benefits, paid days off for holidays, sick leave, vacation, personal necessity, retirement benefits, and profit-sharing benefits.

(2)    'wage' has the same meaning set forth in Section 3(m) of the Fair Labor Standards Act of 1938, 29 U.S.C. 203(m)."

SECTION    2.    This act takes effect upon approval by the Governor.