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Current Status Bill Number:View additional legislative information at the LPITS web site.3770 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990324 Primary Sponsor:Cato All Sponsors:Cato, Wilkins, Tripp, Sandifer, Rice, Easterday Drafted Document Number:l:\council\bills\gjk\20120ac99.doc Companion Bill Number:1093 Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Subject:Right-to-work law; Labor, Licensing and Regulation Department; Right to work History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000203 Introduced, read first time, 12 SLCI referred to Committee House 20000203 Read third time, sent to Senate House 20000202 Read second time House 20000202 Request for debate by Representative Meacham- Richardson Kirsh Allison R. Smith Campsen Altman Breeland Mack Inabinett Knotts Whatley McGee Woodrum Ott Hinson Young- Brickell Bailey Chellis Kelley Witherspoon Sandifer Hayes Bales Govan Lloyd Pinckney Allen M. Hines Moody- Lawrence Parks House 20000202 Objection by Representative Cobb-Hunter House 20000202 Request for debate by Representative Easterday Haskins Robinson Rice Law Hamilton Loftis Leach Barrett Davenport Trotter House 20000202 Co-Sponsor added (Rule 5.2) by Rep. Rice Easterday House 20000201 Request for debate by Representative Cato House 20000127 Committee report: Favorable 26 HLCI House 20000126 Co-Sponsor added (Rule 5.2) by Rep. Sandifer House 19990415 Co-Sponsor added (Rule 5.2) by Rep. Tripp House 19990324 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill Revised on January 27, 2000 - Word format
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COMMITTEE REPORT
January 27, 2000
H. 3770
S. Printed 1/27/00--H.
Read the first time March 24, 1999.
To whom was referred a Bill (H. 3770), 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", etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
HARRY F. CATO, for Committee.
EXPLANATION OF IMPACT:
The Department of Labor, Licensing and Regulation has indicated this bill would not increase the workload or have any impact to the department, the General Fund of the State, nor to federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
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" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; 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 INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40 RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90 RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.
Be it enacted by the General Assembly of the State of South Carolina:
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) The Director of the Department of Labor, Licensing and Regulation 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 are a violation of this chapter and punishable accordingly.
(C) 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."
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."
SECTION 3. Section 41-7-30 of the 1976 Code is amended to read:
"Section 41-7-30. (A) It shall be is unlawful for any an employer to require an employee, as a condition of employment, or of continuance of employment to:
(1) To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any a labor organization or agency;
(2) To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any a labor organization; or
(3) To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any 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."
SECTION 4. Section 41-7-40 of the 1976 Code is amended to read:
"Section 41-7-40. Nothing in this chapter shall preclude any precludes an employer from deducting from the wages of the employees and paying over to any a labor organization, or its authorized representative, membership dues in a labor organization; provided, that however, the employer has must have received from each employee, on whose account such the deductions are made, a written assignment which shall not only may be irrevocable for a period of more than one year, or beyond until the termination date of any applicable collective agreement or assignment, whichever occurs sooner."
SECTION 5. Section 41-7-90 of the 1976 Code is amended to read:
"Section 41-7-90. (A) A person who may be caused to be denied or denied employment or be deprived of continuation of employment through force, intimidation, obstruction, interference, or threat of these or in violation of this chapter is entitled to recover from the employer and from any other person, firm, corporation, or association by appropriate action in the courts of this State such damages as the person may have sustained by reason of the denial or deprivation of employment including, in the discretion of the court or jury, punitive damages in addition to the actual damages.
(B) Any A person whose rights are adversely affected by any a contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter shall have has the right to apply to any a court having general equity jurisdiction for appropriate relief. The court, in any such proceeding, may grant and issue such restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, any actual damages, costs, and attorneys' fees which have been sustained or incurred by any a party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies now or hereafter provided by law."
SECTION 6. This act takes effect upon approval by the Governor.
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