South Carolina General Assembly
119th Session, 2011-2012

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Indicates New Matter

H. 3658

STATUS INFORMATION

General Bill
Sponsors: Reps. Clemmons, Harrell, Loftis, Herbkersman, Merrill, Corbin, Norman, D.C. Moss, Quinn, Bowen, Forrester, McCoy, Lucas, Bedingfield, Hamilton, Bingham, Hardwick, Owens, Bikas, Parker, Cooper, Erickson, Frye, V.S. Moss, Long, G.R. Smith, Atwater, Huggins, Murphy, Hearn, Whitmire, Brannon, Chumley, Tallon, Taylor, Limehouse, Patrick, Crosby, Thayer, Sottile, Crawford, Allison, Ballentine, Barfield, Cole, Daning, Delleney, Edge, Gambrell, Harrison, Henderson, Hixon, Lowe, Nanney, Pinson, Pitts, Sandifer, Simrill, G.M. Smith, J.R. Smith, Toole, Willis, Horne, White and Viers
Document Path: l:\council\bills\agm\18467bh11.docx

Introduced in the House on February 10, 2011
Introduced in the Senate on May 25, 2011
Last Amended on May 19, 2011
Currently residing in the Senate Committee on Labor, Commerce and Industry

Summary: Employer Free Speech Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/10/2011  House   Introduced and read first time (House Journal-page 9)
   2/10/2011  House   Referred to Committee on Judiciary (House Journal-page 9)
    3/3/2011  House   Committee report: Favorable Judiciary 
                        (House Journal-page 5)
    3/4/2011          Scrivener's error corrected
    3/9/2011  House   Requests for debate-Rep(s). Rutherford, Crawford, Lowe, 
                        McLeod, Atwater, Hart, Toole, Sellers, Ott, Daning, 
                        Crosby, Erickson, Brantley, Cobb-Hunter, JH Neal, 
                        Govan, Williams, Jefferson, King, Knight, Allison, 
                        Young, McEachern, RL Brown, Anderson Hosey, Clyburn, 
                        Alexander, GR Smith, JR Smith, Bikas, Gilliard, Mack, 
                        Weeks, Hixon, and Clemmons (House Journal-page 22)
   3/10/2011  House   Member(s) request name added as sponsor: Horne
   3/10/2011  House   Debate adjourned until Tuesday, March 15, 2011 
                        (House Journal-page 51)
   3/30/2011  House   Debate adjourned until Thursday, March 31, 2011 
                        (House Journal-page 42)
   3/31/2011  House   Debate adjourned (House Journal-page 40)
    4/7/2011  House   Debate adjourned until Tuesday, April 12, 2011 
                        (House Journal-page 34)
   4/13/2011  House   Debate interrupted (House Journal-page 42)
   4/13/2011  House   Debate adjourned until Thursday, April 14, 2011 
                        (House Journal-page 43)
   4/27/2011  House   Debate adjourned (House Journal-page 30)
   4/27/2011  House   Debate adjourned (House Journal-page 79)
   4/27/2011  House   Debate adjourned until Thursday, April 28, 2011 
                        (House Journal-page 90)
   4/28/2011  House   Debate adjourned until Tuesday, May 3, 2011 
                        (House Journal-page 67)
    5/4/2011  House   Debate adjourned until Thursday, May 5, 2011 
                        (House Journal-page 45)
    5/5/2011  House   Debate adjourned until Wednesday, May 11, 2011 
                        (House Journal-page 25)
   5/12/2011  House   Member(s) request name added as sponsor: White
   5/12/2011  House   Debate adjourned until Tuesday, May 17, 2011 
                        (House Journal-page 18)
   5/17/2011  House   Member(s) request name added as sponsor: Viers
   5/18/2011  House   Debate adjourned until Thursday, May 19, 2011 
                        (House Journal-page 28)
   5/19/2011  House   Amended (House Journal-page 40)
   5/19/2011  House   Read second time (House Journal-page 40)
   5/19/2011  House   Roll call Yeas-76  Nays-26 (House Journal-page 40)
   5/20/2011          Scrivener's error corrected
   5/24/2011  House   Read third time and sent to Senate 
                        (House Journal-page 80)
   5/25/2011  Senate  Introduced and read first time (Senate Journal-page 5)
   5/25/2011  Senate  Referred to Committee on Labor, Commerce and Industry 
                        (Senate Journal-page 5)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/10/2011
3/3/2011
3/4/2011
5/19/2011
5/20/2011

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

AMENDED

May 19, 2011

H. 3658

Introduced by Reps. Clemmons, Harrell, Loftis, Herbkersman, Merrill, Corbin, Norman, D.C. Moss, Quinn, Bowen, Forrester, McCoy, Lucas, Bedingfield, Hamilton, Bingham, Hardwick, Owens, Bikas, Parker, Cooper, Erickson, Frye, V.S. Moss, Long, G.R. Smith, Atwater, Huggins, Murphy, Hearn, Whitmire, Brannon, Chumley, Tallon, Taylor, Limehouse, Patrick, Crosby, Thayer, Sottile, Crawford, Allison, Ballentine, Barfield, Cole, Daning, Delleney, Edge, Gambrell, Harrison, Henderson, Hixon, Lowe, Nanney, Pinson, Pitts, Sandifer, Simrill, G.M. Smith, J.R. Smith, Toole, Willis, Horne, White, Bannister, Young and Viers

S. Printed 5/19/11--H.    [SEC 5/20/11 2:34 PM]

Read the first time February 10, 2011.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA EMPLOYER FREE SPEECH ACT" BY ADDING SECTION 41-7-110 SO AS TO PROVIDE THAT AN EMPLOYER IN THIS STATE IS NOT REQUIRED TO POST, PHYSICALLY, ELECTRONICALLY, OR OTHERWISE, NOTICES INFORMING EMPLOYEES OF THEIR RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT, COURT DECISIONS IMPLEMENTING THOSE RIGHTS, OR INFORMATION PERTAINING TO THE ENFORCEMENT OF THOSE RIGHTS, AND TO PROVIDE DEFINITIONS.

Amend Title To Conform

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

SECTION    1.    This act is known and may be cited as the "South Carolina Employer Free Speech Act".

SECTION    2.    Chapter 7, Title 41 of the 1976 Code is amended by adding:

"Section 41-7-110.    (A)    An employer in this State is not required to post, physically, electronically, or otherwise, notices informing employees of their rights under the National Labor Relations Act, court decisions implementing those rights, or information pertaining to the enforcement of those rights.

(B)    For purposes of this section, 'employer' means a person, partnership, for profit or nonprofit corporation, limited liability corporation, and their agents, direct or indirect, that employ one or more employees. As used in this definition, 'agent' means any former supervisor or the employer's designee. This definition includes employers who are subject to the National Labor Relations Act."

SECTION    3.    This act takes effect January 1, 2012.

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