A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-22-960, RELATING TO EMPLOYER IMMUNITY FOR EMPLOYEES WITH EXPUNGED CRIMINAL RECORDS, SO AS TO PROVIDE EMPLOYERS AND EDUCATIONAL INSTITUTIONS MAY NOT REQUIRE APPLICANTS FOR EMPLOYMENT OR ADMISSION TO DISCLOSE ARRESTS, CRIMINAL CHARGES, OR CRIMINAL CONVICTIONS THAT HAVE BEEN EXPUNGED, TO PROVIDE SUCH APPLICANTS ARE NOT REQUIRED TO ANSWER CERTAIN RELATED QUESTIONS, TO EXEMPT APPLICANTS FOR EMPLOYMENT IN CAMPUS SECURITY DEPARTMENTS, TO PROVIDE CIVIL ENFORCEMENT MECHANISMS, AND TO PROVIDE THIS ACT DOES NOT CREATE A PRIVATE CAUSE OF ACTION.

 

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

 

SECTION 1.  Section 17-22-960 of the S.C. Code is amended to read:

 

    Section 17-22-960. (A) Any employer that employs a worker who has had an expungement shall not, at any time, be subject to any administrative or legal claim or cause of action related to the worker's expunged offense. Except for criminal justice agencies, employers shall not use expunged information adversely against an employee. No information related to an expungement shall be used or introduced as evidence in any administrative or legal proceeding involving negligent hiring, negligent retention, or similar claims.

    (B)(1) An employer or educational institution may not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or criminal conviction of the applicant that has been expunged and may not knowingly and willingly inquire about any arrest, charge, or conviction that they know to have been expunged. An applicant need not, in answer to any question concerning any arrest or criminal charge that has not resulted in a conviction, include a reference to or information concerning arrests, charges, or convictions that have been expunged. This item does not apply to educational institution campus security departments to obtain confidential information for employment purposes.

       (2) Upon investigation by the Department of Labor, Licensing and Regulation, any employer or educational institution found to be in violation of this item (1) shall be issued a written warning for a first violation and shall be subject to a civil penalty of up to five hundred dollars for each additional violation occurring after receipt of the written warning. In determining the amount of any penalty ordered under authority of this subsection, the department shall give due consideration to the appropriateness of the penalty with respect to the size of the institution being charged, the gravity of the violation, the good faith of the person, and the record of previous violations. The determination of the amount of the penalty by the department is final, unless within fifteen days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. section 7502(f)(2) with delivery receipt, or via hand delivery, the person charged with the violation takes exception to the determination in which event the final determination of the penalty shall be made in an administrative proceeding and in a judicial proceeding pursuant to the South Carolina Administrative Procedures Act. The department may adopt, modify, or revoke such rules as are necessary for carrying out the provisions of this subsection.

       (3) Nothing in this subsection shall be construed to create a private cause of action against any employers, educational institutions, or their agents or employees.

 

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

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