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TO AMEND CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1375 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR LABOR ORGANIZATIONS TO MAKE CONTRIBUTIONS TO OR EXPENDITURES ON BEHALF OF POLITICAL CANDIDATES OR COMMITTEES FROM UNION DUES AND TO PROVIDE THAT ALL CONTRIBUTIONS OR EXPENDITURES MUST BE MADE FROM A SEPARATE FUND DERIVED FROM VOLUNTARY CONTRIBUTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1375. (A) As used in this section:
(1) 'Labor organization' means any association or organization of employees, and any agency, employee representation committee, or plan in which employees participate that exists, in whole or in part, to advocate on behalf of employees about grievances, labor disputes, wages, rates of pay, hours of employment or conditions of employment.
(2) 'Political activities fund' means the separate segregated fund established by a labor organization for political purposes according to the procedures and requirements of this section.
(3) 'Union dues' means dues, fees, or other monies required as a condition of membership in a labor organization.
(B)(1) It is unlawful for a labor organization to make contributions to or expenditures on behalf of a candidate or committee by using funds:
(a) secured by physical force or threat of force, job discrimination or threat of job discrimination, membership discrimination or threat of membership discrimination, or economic reprisals or threat of economic reprisals; or
(b) from union dues except as provided in subsection (C)(4).
(2) It is unlawful for a labor organization to pay a member for contributing to a political activities fund by providing a bonus, expense account, rebate of union dues, or by any other form of direct or indirect compensation.
(3) A person violating the provisions of this section is guilty of a misdemeanor and must be punished in accordance with Chapter 15.
(C)(1) A labor organization may only make contributions to or expenditures on behalf of a candidate or committee if the labor organization establishes a separate segregated political activities fund. The labor organization shall ensure that:
(a) in soliciting contributions for the political activities fund, the solicitor discloses, in clear and unambiguous language in writing on the face of the solicitation, that contributions are voluntary and that the fund is a political fund and will be expended to make contributions to and expenditures on behalf of candidates and committees;
(b) union dues are not transferred to the fund or intermingled in any way with fund monies;
(c) the cost of administering the political activities fund is paid from contributions and not from union dues; and
(d) each contribution is voluntary and made by the member and is not remitted by the employer of the member.
(2) At the time the labor organization is soliciting contributions for the fund from a member, the labor organization shall:
(a) affirmatively inform the member in writing, of the fund's political purpose; and
(b) affirmatively inform the member in writing, of the member's right to refuse to contribute without fear of reprisal or loss of membership in the labor organization.
(3) The labor organization has the burden of proof to establish that the requirements of this subsection are met.
(4) Notwithstanding the requirements of this section, a labor organization may use union dues to lobby or communicate directly with its own members about candidates, ballot measures, and other political issues.
(D) Each fund established by a labor organization shall be considered a committee for purposes of this chapter and subject to the requirements and restrictions governing committees contained in this chapter."
SECTION 2. This act takes effect upon approval by the Governor
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