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Current Status Bill Number:View additional legislative information at the LPITS web site.4274 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990630 Primary Sponsor:Martin All Sponsors:Martin Drafted Document Number:l:\council\bills\gjk\20804htc99.doc Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:State employees, payroll deductions, Comptroller General to oversee membership organizations; Public Officers History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990630 Introduced, read first time, 30 HWM referred to Committee Versions of This Bill
TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTIONS FOR DUES OF VARIOUS MEMBERSHIPS FROM THE COMPENSATION PAID STATE EMPLOYEES FOR DUES FOR SPECIFIC MEMBERSHIP ORGANIZATIONS AND THE RESTRICTIONS IN THESE ORGANIZATIONS RECEIVING THE AMOUNTS WITHHELD, SO AS TO ADD A REQUIREMENT THAT NO PAYROLL DEDUCTION IS ALLOWED UNLESS THE MEMBER RECEIVES SPECIFIC AND TANGIBLE BENEFITS FROM MEMBERSHIP NOT AVAILABLE TO NONMEMBER STATE EMPLOYEES AND TO REQUIRE THE COMPTROLLER GENERAL ANNUALLY TO MAKE A WRITTEN DETERMINATION THAT MEMBERSHIP ORGANIZATIONS ARE IN COMPLIANCE WITH THE REQUIREMENT FOR PAYROLL DEDUCTIONS TO CONTINUE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-11-83 of the 1976 Code, as last amended by Act 111 of 1995, is further amended to read:
"Section 8-11-83. (A) The Comptroller General and all other state agencies, upon request of employees of the State, shall make deductions from the compensation of the employees for the payment of membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. The Comptroller General and state agencies shall pay over to the respective associations all amounts so collected or withheld. Retirees from a state agency also may have withheld from their state retirement benefits their membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. No deduction is permitted if the associations at any time engage in collective bargaining or encourage their members to strike.
No membership dues or any portion thereof deducted pursuant to this section may be paid to any national or multi-state multistate association or group.
Dues for the South Carolina Law Enforcement Officers' Association may also be deducted from the compensation of state employees and retirees and paid over to this association in the same manner other dues under this section are deducted and paid over. The same restrictions and conditions as apply to the other deductions under this section also apply to the deductions of dues for the South Carolina Law Enforcement Officers' Association.
(B) In addition to the requirements provided in subsection (A) of this section, no membership dues may be deducted unless the Comptroller General has made a written determination within the last twelve months that membership in a specific organization eligible for payroll deduction of dues under subsection (A) entitles a member to specific and tangible benefits not available to nonmember state employees. The determination must list these specific and tangible benefits.
Payroll deductions of dues for an organization must cease effective with the first payroll date occurring more than twelve months after the last determination."
SECTION 2. This act takes effect upon approval by the Governor and no dues may be payroll deducted on or after this date without the determination of eligibility required pursuant to provisions of Section 8-11-83(B) of the 1976 Code as added by this act.
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