Current Status Bill Number:1028 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980212 Primary Sponsor:Fair All Sponsors:Fair, Thomas, Courtney, Ryberg and Wilson Drafted Document Number:pt\1648dw.98 Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Subject:Prohibition of Negative Check-Off Act, Labor, Employers and Employees
Body Date Action Description Com Leg Involved
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Senate 19980212 Introduced, read first time, 12 SLCI
referred to Committee
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TO AMEND ARTICLE 1, CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING SECTION 41-1-110 SO AS TO ENACT THE "PROHIBITION OF NEGATIVE CHECK-OFF ACT" WHICH PROHIBITS A PAYER BY INACTION FROM BEING CONSIDERED TO HAVE AGREED TO CERTAIN PAYMENTS OR A SERIES OF PAYMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-110. (A) This section must be known as the 'Prohibition of Negative Check-Off Act'.
(B) As used in this section:
(1) 'negative check-off plan' means a plan whereby a payer, by his inaction, is considered to have agreed to a payment or series of payments; and
(2) 'voluntary' means an action or choice given freely, as evidenced by some affirmative act on the part of the payer. A charitable contribution made by a payer pursuant to authorization given by the payer is considered to be voluntary.
(C) It is a deceptive trade practice to, in the course of one's business, vocation, or occupation, receive funds from an individual when these funds are not given on a voluntary basis, unless an arrangement is required pursuant to a court order. These involuntary payments are void as against public policy. A payment made pursuant to a negative check-off plan is not considered to have been made on a voluntary basis.
(D) No other provisions of state law shall affect the validity of application of this section as it applies to any employee including, but not limited to, persons employed by the State or a local government or any governmental subdivision or agency of it, without exception."
SECTION 2. This act takes effect upon approval by the Governor.