South Carolina General Assembly
114th Session, 2001-2002

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Bill 3289

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Indicates New Matter

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COMMITTEE REPORT

May 2, 2001

    H. 3289

Introduced by Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W.D. Smith, Thompson, Trotter, White, A. Young, Campsen, Edge, Bingham, Altman and Edge

S. Printed 5/2/01--S.

Read the first time February 21, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 3289) to amend Article 1, Chapter 1, Title 6, Code of Laws of South Carolina, 1976, by adding Section 6-1-130 so as to prohibit a political subdivision, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass:

WILLIAM MESCHER for Committee.

            

A BILL

TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.

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

SECTION    1.    Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:

    "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.

    (C)    A state law 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 state law 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.

    (D)    This section does not limit the authority of the State or its political subdivisions from establishing wage rates in contracts to which they are a party.

    (E)    For purposes of this section, '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.

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