H*3142(Rat #0426, Act #0357 of 2002)  General Bill, By Cato, Wilkins, Davenport, 
Vaughn, Sandifer, Simrill, Walker, Altman, Robinson, Cotty, White, Thompson, 
Knotts, Campsen, Coates, McGee and Bingham
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING
 AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE
 41, CONCERNING "THE RIGHT TO WORK", TO REQUIRE THE DIRECTOR TO COOPERATE WITH
 AN EMPLOYEE IN THE INVESTIGATION AND ENFORCEMENT OF CLAIMS, TO AUTHORIZE THE
 DIRECTOR TO ENTER A PLACE OF EMPLOYMENT TO EVALUATE COMPLIANCE, TO PROHIBIT
 OBSTRUCTING THE DIRECTOR IN CARRYING OUT HIS DUTIES AND TO PROVIDE PENALTIES;
 BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS
 OF CHAPTER 7, TITLE 41, TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS
 ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED, AND
 TO AUTHORIZE AN APPEAL TO THE ADMINISTRATIVE LAW JUDGE DIVISION FROM A FINAL
 ACTION OF THE DEPARTMENT; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN
 EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A
 CONDITION OF EMPLOYMENT, SO AS TO ALSO PROHIBIT A PERSON OR A LABOR
 ORGANIZATION FROM PARTICIPATING IN AN AGREEMENT OR PRACTICE THAT HAS THE
 EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A PERSON OR LABOR
 ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; AND TO AMEND
 SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION
 MEMBERSHIP DUES FROM WAGES IF AN EMPLOYEE ENTERS A ONE YEAR IRREVOCABLE
 WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION, SO AS TO PROVIDE THAT THE
 EMPLOYEE HAS THE RIGHT TO REVOKE THE AGREEMENT AFTER ONE YEAR.-amended title

   12/20/00  House  Prefiled
   12/20/00  House  Referred to Committee on Labor, Commerce and Industry
   01/09/01  House  Introduced and read first time HJ-64
   01/09/01  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-65
   01/31/01  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-3
   02/06/01  House  Objection by Rep. Cobb-Hunter, Govan, J.E. Smith,
                     Weeks, Miller, Hosey, Breeland, R. Brown, Mack,
                     Gourdine, J.H. Neal, and Howard HJ-12
   02/06/01  House  Requests for debate-Rep(s). Law, Cato, Hamilton,
                     Easterday, Leach, J.R. Smith, Sharpe, Chellis,
                     Hinson, D.C. Smith, Lloyd and Clyburn HJ-12
   02/14/01  House  Read second time HJ-41
   02/14/01  House  Roll call Yeas-84  Nays-24 HJ-45
   02/15/01  House  Read third time and sent to Senate HJ-25
   02/15/01  House  Roll call Yeas-84  Nays-28 HJ-27
   02/20/01  Senate Introduced and read first time SJ-7
   02/20/01  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-7
   05/31/01  Senate Committee report: Majority favorable, minority
                     unfavorable Labor, Commerce and Industry SJ-12
   03/26/02  Senate Special order SJ-40
   03/27/02  Senate Debate interrupted SJ-21
   03/28/02  Senate Amended SJ-13
   03/28/02  Senate Read second time SJ-13
   03/28/02  Senate Ordered to third reading with notice of
                     amendments SJ-13
   04/03/02  Senate Special order SJ-31
   04/04/02  Senate Debate interrupted SJ-34
   04/10/02  Senate Amended SJ-52
   04/10/02  Senate Read third time and returned to House with
                     amendments SJ-52
   04/17/02  House  Senate amendment amended HJ-44
   04/17/02  House  Returned to Senate with amendments HJ-46
   04/17/02  Senate Non-concurrence in House amendment SJ-27
   04/18/02  House  House insists upon amendment and conference
                     committee appointed Reps. Cato, Lee and Law HJ-2
   04/23/02  Senate Conference committee appointed Sens. Martin,
                     Alexander, Pinckney SJ-9
   05/23/02  Senate Conference report received and adopted SJ-22
   05/28/02  House  Conference report received and adopted HJ-138
   05/29/02  Senate Ordered enrolled for ratification SJ-19
   06/04/02         Ratified R 426
   07/26/02         Signed By Governor
   08/06/02         Effective date 07/26/02
   08/06/02         Copies available
   08/07/02         Act No. 357

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK", TO REQUIRE THE DIRECTOR TO COOPERATE WITH AN EMPLOYEE IN THE INVESTIGATION AND ENFORCEMENT OF CLAIMS, TO AUTHORIZE THE DIRECTOR TO ENTER A PLACE OF EMPLOYMENT TO EVALUATE COMPLIANCE, TO PROHIBIT OBSTRUCTING THE DIRECTOR IN CARRYING OUT HIS DUTIES AND TO PROVIDE PENALTIES; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED, AND TO AUTHORIZE AN APPEAL TO THE ADMINISTRATIVE LAW JUDGE DIVISION FROM A FINAL ACTION OF THE DEPARTMENT; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO ALSO PROHIBIT A PERSON OR A LABOR ORGANIZATION FROM PARTICIPATING IN AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A PERSON OR LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; AND TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES IF AN EMPLOYEE ENTERS A ONE-YEAR IRREVOCABLE WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION, SO AS TO PROVIDE THAT THE EMPLOYEE HAS THE RIGHT TO REVOKE THE AGREEMENT AFTER ONE YEAR.

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

Director to ensure chapter compliance

SECTION 1. The 1976 Code is amended by adding:

"Section 41-7-75. (A) The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.

(B) Upon the filing of a complaint with the department, the director or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter is a violation of this chapter and punishable accordingly.

(C) After a complaint has been filed, if the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."

Civil penalties; review and appeals

SECTION 2. The 1976 Code is amended by adding:

"Section 41-7-100. (A) A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.

(B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter.

(C) A person aggrieved by a final action of the department may appeal the decision to the Administrative Law Judge Division in accordance with the Administrative Procedures Act and the rules of the Administrative Law Judge Division. Service of a petition requesting a review does not stay the department's decision pending completion of the appellate process."

Labor organization membership cannot be required

SECTION 3. Section 41-7-30 of the 1976 Code is amended to read:

"Section 41-7-30. (A) It is unlawful for an employer to require an employee, as a condition of employment, or of continuance of employment to:

(1) be or become or remain a member or affiliate of a labor organization or agency;

(2) abstain or refrain from membership in a labor organization; or

(3) pay any fees, dues, assessments, or other charges or sums of money to a person or organization.

(B) It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.

(C) It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."

Membership dues may be deducted

SECTION 4. Section 41-7-40 of the 1976 Code is amended to read:

"Section 41-7-40. Nothing in this chapter precludes an employer from deducting from the wages of the employees and paying over to a labor organization, or its authorized representative, membership dues in a labor organization; however, the employer must have received from each employee, on whose account the deductions are made, a written assignment which must not be irrevocable for a period of more than one year or until the termination date of any applicable collective agreement or assignment, whichever occurs sooner. After one year, the employee has the absolute right to revoke the written assignment allowing for deduction of membership dues in a labor union."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Ratified the 4th day of June, 2002.

Approved the 26th day of July, 2002.