South Carolina Legislature


 

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H 3658
Session 119 (2011-2012)


H 3658 General Bill, By Clemmons, Harrell, Loftis, Herbkersman, Merrill, Corbin, 
Norman, D.C. Moss, Quinn, Bowen, Forrester, McCoy, Lucas, Bedingfield, Hamilton, 
Bingham, Hardwick, Owens, Bikas, Parker, Cooper, Erickson, Frye, V.S. Moss, 
Long, G.R. Smith, Atwater, Huggins, Murphy, Hearn, Whitmire, Brannon, Chumley, 
Tallon, Taylor, Limehouse, Patrick, Crosby, Thayer, Sottile, Crawford, Allison, 
Ballentine, Barfield, Cole, Daning, Delleney, Edge, Gambrell, Harrison, 
Henderson, Hixon, Lowe, Nanney, Pinson, Pitts, Sandifer, Simrill, G.M. Smith, 
J.R. Smith, Toole, Willis, Horne, White and Viers
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE
 "SOUTH CAROLINA EMPLOYER FREE SPEECH ACT" BY ADDING SECTION 41-7-110 SO AS TO
 PROVIDE THAT AN EMPLOYER IN THIS STATE IS NOT REQUIRED TO POST, PHYSICALLY,
 ELECTRONICALLY, OR OTHERWISE, NOTICES INFORMING EMPLOYEES OF THEIR RIGHTS
 UNDER THE NATIONAL LABOR RELATIONS ACT, COURT DECISIONS IMPLEMENTING THOSE
 RIGHTS, OR INFORMATION PERTAINING TO THE ENFORCEMENT OF THOSE RIGHTS, AND TO
 PROVIDE DEFINITIONS.

   02/10/11  HouseNext  Introduced and read first time (PreviousHouseNext Journal-page 9)
   02/10/11  PreviousHouseNext  Referred to Committee on Judiciary
                     (PreviousHouseNext Journal-page 9)
   03/03/11  PreviousHouseNext  Committee report: Favorable Judiciary
                     (PreviousHouseNext Journal-page 5)
   03/04/11         Scrivener's error corrected
   03/09/11  PreviousHouseNext  Requests for debate-Rep(s). Rutherford, Crawford,
                     Lowe, McLeod, Atwater, Hart, Toole, Sellers,
                     Ott, Daning, Crosby, Erickson, Brantley,
                     Cobb-Hunter, JH Neal, Govan, Williams,
                     Jefferson, King, Knight, Allison, Young,
                     McEachern, RL Brown, Anderson Hosey, Clyburn,
                     Alexander, GR Smith, JR Smith, Bikas, Gilliard,
                     Mack, Weeks, Hixon, and Clemmons
                     (PreviousHouseNext Journal-page 22)
   03/10/11  PreviousHouseNext  Member(s) request name added as sponsor: Horne
   03/10/11  PreviousHouseNext  Debate adjourned until Tuesday, March 15, 2011
                     (PreviousHouseNext Journal-page 51)
   03/30/11  PreviousHouseNext  Debate adjourned until Thursday, March 31, 2011
                     (PreviousHouseNext Journal-page 42)
   03/31/11  PreviousHouseNext  Debate adjourned (PreviousHouseNext Journal-page 40)
   04/07/11  PreviousHouseNext  Debate adjourned until Tuesday, April 12, 2011
                     (PreviousHouseNext Journal-page 34)
   04/13/11  PreviousHouseNext  Debate interrupted (PreviousHouseNext Journal-page 42)
   04/13/11  PreviousHouseNext  Debate adjourned until Thursday, April 14, 2011
                     (PreviousHouseNext Journal-page 43)
   04/27/11  PreviousHouseNext  Debate adjourned (PreviousHouseNext Journal-page 30)
   04/27/11  PreviousHouseNext  Debate adjourned (PreviousHouseNext Journal-page 79)
   04/27/11  PreviousHouseNext  Debate adjourned until Thursday, April 28, 2011
                     (PreviousHouseNext Journal-page 90)
   04/28/11  PreviousHouseNext  Debate adjourned until Tuesday, May 3, 2011
                     (PreviousHouseNext Journal-page 67)
   05/04/11  PreviousHouseNext  Debate adjourned until Thursday, May 5, 2011
                     (PreviousHouseNext Journal-page 45)
   05/05/11  PreviousHouseNext  Debate adjourned until Wednesday, May 11, 2011
                     (PreviousHouseNext Journal-page 25)
   05/12/11  PreviousHouseNext  Member(s) request name added as sponsor: White
   05/12/11  PreviousHouseNext  Debate adjourned until Tuesday, May 17, 2011
                     (PreviousHouseNext Journal-page 18)
   05/17/11  PreviousHouseNext  Member(s) request name added as sponsor: Viers
   05/18/11  PreviousHouseNext  Debate adjourned until Thursday, May 19, 2011
                     (PreviousHouseNext Journal-page 28)
   05/19/11  PreviousHouseNext  Amended (PreviousHouseNext Journal-page 40)
   05/19/11  PreviousHouseNext  Read second time (PreviousHouseNext Journal-page 40)
   05/19/11  PreviousHouseNext  Roll call Yeas-76  Nays-26 (PreviousHouseNext Journal-page 40)
   05/20/11         Scrivener's error corrected
   05/24/11  PreviousHouseNext  Read third time and sent to Senate
                     (PreviousHouse Journal-page 80)
   05/25/11  Senate Introduced and read first time (Senate Journal-page 5)
   05/25/11  Senate Referred to Committee on Labor, Commerce and
                     Industry (Senate Journal-page 5)



H. 3658

AMENDED

May 19, 2011

H. 3658

Introduced by Reps. Clemmons, Harrell, Loftis, Herbkersman, Merrill, Corbin, Norman, D.C. Moss, Quinn, Bowen, Forrester, McCoy, Lucas, Bedingfield, Hamilton, Bingham, Hardwick, Owens, Bikas, Parker, Cooper, Erickson, Frye, V.S. Moss, Long, G.R. Smith, Atwater, Huggins, Murphy, Hearn, Whitmire, Brannon, Chumley, Tallon, Taylor, Limehouse, Patrick, Crosby, Thayer, Sottile, Crawford, Allison, Ballentine, Barfield, Cole, Daning, Delleney, Edge, Gambrell, Harrison, Henderson, Hixon, Lowe, Nanney, Pinson, Pitts, Sandifer, Simrill, G.M. Smith, J.R. Smith, Toole, Willis, Horne, White, Bannister, Young and Viers

S. Printed 5/19/11--H.    [SEC 5/20/11 2:34 PM]

Read the first time February 10, 2011.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA EMPLOYER FREE SPEECH ACT" BY ADDING SECTION 41-7-110 SO AS TO PROVIDE THAT AN EMPLOYER IN THIS STATE IS NOT REQUIRED TO POST, PHYSICALLY, ELECTRONICALLY, OR OTHERWISE, NOTICES INFORMING EMPLOYEES OF THEIR RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT, COURT DECISIONS IMPLEMENTING THOSE RIGHTS, OR INFORMATION PERTAINING TO THE ENFORCEMENT OF THOSE RIGHTS, AND TO PROVIDE DEFINITIONS.

Amend Title To Conform

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

SECTION    1.    This act is known and may be cited as the "South Carolina Employer Free Speech Act".

SECTION    2.    Chapter 7, Title 41 of the 1976 Code is amended by adding:

"Section 41-7-110.    (A)    An employer in this State is not required to post, physically, electronically, or otherwise, notices informing employees of their rights under the National Labor Relations Act, court decisions implementing those rights, or information pertaining to the enforcement of those rights.

(B)    For purposes of this section, 'employer' means a person, partnership, for profit or nonprofit corporation, limited liability corporation, and their agents, direct or indirect, that employ one or more employees. As used in this definition, 'agent' means any former supervisor or the employer's designee. This definition includes employers who are subject to the National Labor Relations Act."

SECTION    3.    This act takes effect January 1, 2012.

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