A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "REMEMBERING CHARLIE KIRK ACT"; BY ADDING SECTION 59-101-700 SO AS TO PROVIDE THAT A PUBLIC COLLEGE OR UNIVERSITY EMPLOYEE MAY BE DISCHARGED FROM EMPLOYMENT FOR CAUSE FOR CERTAIN PUBLIC COMMUNICATIONS; AND BY ADDING SECTION 59-101-710 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL DEVELOP A SPEECH CODE FOR PUBLIC COLLEGE OR UNIVERSITY EMPLOYEES THAT MUST BE ADOPTED AND ENFORCED BY THE GOVERNING BOARDS OF THE STATE'S PUBLIC COLLEGES AND UNIVERSITIES, AND TO PROVIDE PENALTIES FOR A PUBLIC COLLEGE OR UNIVERSITY WHO DOES NOT ADOPT OR ENFORCE THE SPEECH CODE.

 

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

 

SECTION 1.  This act may be cited as the "Remembering Charlie Kirk Act".

 

SECTION 2.  Chapter 101, Title 59 of the S.C. Code is amended by adding:

 

Article 3

 

State College and University Employee Free Speech

 

    Section 59-101-700.  (A) A public college or university may immediately terminate the employment of an employee, including faculty whether or not tenured, for the employee's speech or expression if:

       (1) under the totality of the circumstances an observer could make a reasonable inference that the employee was speaking or expressing himself as an employee about a matter of personal interest rather than an employee speaking or expressing himself as a citizen speaking on a matter of public concern;

       (2) the college or university's interest in providing effective and efficient services, educational or otherwise, to the university's students or community at-large outweighs the employee's interest in speaking or expressing himself on a matter of public concern; or

       (3) the employee's speech or expression was not a substantial factor in the decision to terminate the employee's employment.

    (B) A state college or university evaluating whether to terminate an employee's employment pursuant to subsection (A)(2), shall take into account whether the employee's speech or expressive behavior:

       (1) impairs discipline imposed by superiors;

       (2) impairs harmony among coworkers;

       (3) has a detrimental impact on close working relationships;

       (4) impedes the performance of the employee's duties;

       (5) interferes with the operation of the college or university;

       (6) undermines the mission of the college or university;

       (7) is communicated to the general public or co-workers openly in a way that is accessible, observable, or available to anyone rather than limited to a defined person or group;

       (8) conflicts with responsibilities of the employee within the college or university;

       (9) makes use of the authority and public accountability the employee's role entails; and

       (10) condones, promotes, or encourages acts of violence on or near campus.

    (C) An employee whose employment is terminated pursuant to this is terminated pursuant to this section 'for cause' and does not have grievance rights afforded to covered state employees, including faculty whether or not tenured, of the college or university at which the employee was employed.

 

    Section 59-101-710.  (A) The Commission on Higher Education shall develop a speech code reflecting the provisions contained in Section 59-101-700 and explaining the free speech rights afforded by the United States and South Carolina constitution that state college and university employees retain with their employment and the limitations on the employee's free speech rights. The speech code shall be distributed to each state college and university and shall be available on the commission's website. Each state college and university shall also post the speech code on any employee facing internet website or portal.

    (B) The governing board of each public college or university in this State shall adopt and enforce the speech code developed pursuant to subsection (A). If a public college or university fails to adopt the speech code, then the public college or university's state funding shall be reduced by one-twelfth for each month that the code is not adopted. If a public college or university fails to enforce the speech code, then the public college or university's state funding shall be reduced by ten percent for each violation.

    (C) Each employee of a state college or university must sign a copy of the code of conduct thereby attesting that the employee understands his free speech rights, the limits of those rights, and that the employee may be terminated immediately for cause without grievance rights if he violates the speech code.

    (D) Annually, on the first day of the fiscal year, each public college or university shall certify to the Commission on Higher Education that the university is in compliance with the requirement to adopt the speech code.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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