South Carolina General Assembly
115th Session, 2003-2004

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A185, R214, H3448

STATUS INFORMATION

General Bill
Sponsors: Labor, Commerce and Industry Committee
Document Path: l:\council\bills\bbm\9424zw03.doc
Companion/Similar bill(s): 290, 3354

Introduced in the House on January 29, 2003
Introduced in the Senate on February 5, 2003
Last Amended on March 3, 2004
Passed by the General Assembly on March 4, 2004
Governor's Action: March 15, 2004, Signed

Summary: At-will nature of employment affirmed

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/29/2003  House   Introduced, read first time, placed on calendar without 
                        reference HJ-6
   1/30/2003  House   Requests for debate-Rep(s). Cato, JR Smith, Richardson, 
                        Moody-Lawrence, Walker, J Brown, Hosey, Perry, DC 
                        Smith, Herbkersman, Ceips, Thompson, Ott, Sandifer, 
                        Whitmire, White, Dantzler, Hinson and Weeks HJ-10
    2/4/2003  House   Read second time HJ-28
    2/4/2003  House   Roll call Yeas-102  Nays-9 HJ-29
    2/5/2003  House   Read third time and sent to Senate HJ-16
    2/5/2003  Senate  Introduced and read first time SJ-12
    2/5/2003  Senate  Referred to Committee on Labor, Commerce and Industry 
                        SJ-12
   2/18/2003  Senate  Committee report: Majority favorable with amend., 
                        minority unfavorable Labor, Commerce and Industry SJ-10
   2/25/2003  Senate  Debate interrupted SJ-28
   2/26/2003  Senate  Debate interrupted SJ-40
   2/27/2003  Senate  Debate interrupted SJ-22
    3/4/2003  Senate  Amended SJ-24
    3/4/2003  Senate  Read second time SJ-24
    3/4/2003  Senate  Ordered to third reading with notice of amendments SJ-24
    3/4/2003  Senate  Not to be taken up before Tuesday, March 11 SJ-31
   3/13/2003  Senate  Retaining place on calendar recommitted to Committee on 
                        Labor, Commerce and Industry SJ-37
   4/10/2003  Senate  Committee report: Favorable Labor, Commerce and Industry 
                        SJ-7
   4/23/2003  Senate  Debate interrupted SJ-66
    5/1/2003  Senate  Debate interrupted SJ-21
   5/21/2003  Senate  Debate adjourned SJ-49
   1/14/2004  Senate  Debate adjourned SJ-58
    2/3/2004  Senate  Amended SJ-28
    2/3/2004  Senate  Debate adjourned SJ-28
    2/4/2004          Scrivener's error corrected
   2/17/2004  Senate  Amended SJ-17
   2/17/2004  Senate  Read third time and returned to House with amendments 
                        SJ-17
   2/25/2004  House   Debate adjourned until Tuesday, March 2, 2004 HJ-49
    3/3/2004  House   Senate amendment amended HJ-30
    3/3/2004  House   Returned to Senate with amendments HJ-31
    3/4/2004  Senate  Concurred in House amendment and enrolled SJ-12
   3/10/2004          Ratified R 214
   3/15/2004          Signed By Governor
   3/18/2004          Copies available
   3/18/2004          Effective date 03/15/04
   3/23/2004          Act No. 185

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/29/2003
1/29/2003-A
2/18/2003
3/4/2003
2/3/2004
2/4/2004
2/17/2004
2/18/2004
3/3/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A185, R214, H3448)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO PROVIDE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT A HANDBOOK, PERSONNEL MANUAL, POLICY, PROCEDURE, OR OTHER DOCUMENT ISSUED BY AN EMPLOYER AFTER JUNE 30, 2004, DOES NOT CREATE AN EXPRESS OR IMPLIED CONTRACT OF EMPLOYMENT IF IT IS CONSPICUOUSLY DISCLAIMED, AND PROVIDE THE MANNER IN WHICH THE DISCLAIMER MUST BE PRINTED.

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

Express or implied contract of employment not created, terms

SECTION    1.    Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-110.    It is the public policy of this State that a handbook, personnel manual, policy, procedure, or other document issued by an employer or its agent after June 30, 2004, shall not create an express or implied contract of employment if it is conspicuously disclaimed. For purposes of this section, a disclaimer in a handbook or personnel manual must be in underlined capital letters on the first page of the document and signed by the employee. For all other documents referenced in this section, the disclaimer must be in underlined capital letters on the first page of the document. Whether or not a disclaimer is conspicuous is a question of law."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 10th day of March, 2004.

Approved the 15th day of March, 2004.

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This web page was last updated on Monday, December 7, 2009 at 10:26 A.M.