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H. 4433
STATUS INFORMATION
General Bill
Sponsors: Rep. G.M. Smith
Document Path: l:\council\bills\ms\7002mm04.doc
Introduced in the House on January 13, 2004
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Employment, background checks, social security numbers
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/3/2003 House Prefiled
12/3/2003 House Referred to Committee on Labor, Commerce and Industry
1/13/2004 House Introduced and read first time HJ-72
1/13/2004 House Referred to Committee on Labor, Commerce and Industry
HJ-72
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-130 SO AS TO PROHIBIT THE REQUIREMENT BY AN EMPLOYER THAT A PROSPECTIVE EMPLOYEE DISCLOSE HIS SOCIAL SECURITY NUMBER IN AN INITIAL APPLICATION FOR EMPLOYMENT, AND TO PROVIDE FOR THE DISCLOSURE OF THE SOCIAL SECURITY NUMBER OF AN APPLICANT UPON HIS ACCEPTANCE OF EMPLOYMENT OR UPON HIS ACCEPTANCE OF EMPLOYMENT CONTINGENT ON A SATISFACTORY BACKGROUND CHECK, IF HE HAS RECEIVED WRITTEN NOTICE THAT A BACKGROUND CHECK IS REASONABLY REQUIRED FOR THE POSITION; AND TO AMEND SECTION 41-1-65, RELATING TO IMMUNITY FOR EMPLOYERS DISCLOSING CERTAIN INFORMATION, SO AS TO PROVIDE THAT THE IMMUNITY DOES NOT APPLY TO AN EMPLOYER WHO RELEASES AN APPLICATION FOR EMPLOYMENT IN WHICH THE PROSPECTIVE EMPLOYEE HAS DISCLOSED HIS SOCIAL SECURITY NUMBER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-130. (A) An employer may not require a prospective employee to disclose his social security number on an initial application for employment. An employer may require disclosure of the social security number of the applicant once the applicant is offered and accepts the employment position.
(B) If an employment position reasonably requires a background check and the prospective employee is so informed in a conspicuous written notice at the time of the initial application for employment, an employer may require disclosure of the social security number of the applicant once the applicant is offered and accepts the employment position, contingent upon a satisfactory background check."
SECTION 2. Section 41-1-65 of the 1976 Code is amended by adding:
"(E) This protection and immunity does not apply to an employer who releases or discloses an application for employment in which the prospective employee has designated his social security number."
SECTION 3. This act takes effect upon approval by the Governor.
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