South Carolina General Assembly
118th Session, 2009-2010

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A137, R143, S929

STATUS INFORMATION

General Bill
Sponsors: Senators L. Martin and Elliott
Document Path: l:\s-rules\drafting\lam\011llr .ec.lam.docx
Companion/Similar bill(s): 374

Introduced in the Senate on January 12, 2010
Introduced in the House on January 21, 2010
Passed by the General Assembly on February 26, 2010
Governor's Action: March 31, 2010, Signed

Summary: Employment

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2009  Senate  Prefiled
   12/9/2009  Senate  Referred to Committee on Labor, Commerce and Industry
   1/12/2010  Senate  Introduced and read first time SJ-22
   1/12/2010  Senate  Referred to Committee on Labor, Commerce and Industry 
                        SJ-22
   1/14/2010  Senate  Recalled from Committee on Labor, Commerce and Industry 
                        SJ-2
   1/15/2010          Scrivener's error corrected
   1/19/2010  Senate  Read second time SJ-11
   1/20/2010  Senate  Read third time and sent to House SJ-9
   1/21/2010  House   Introduced and read first time HJ-21
   1/21/2010  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-21
    2/4/2010  House   Committee report: Favorable Labor, Commerce and Industry 
                        HJ-10
   2/24/2010  House   Debate adjourned until Thursday, February 25, 2010 HJ-21
   2/25/2010  House   Read second time HJ-24
   2/25/2010  House   Unanimous consent for third reading on next legislative 
                        day HJ-25
   2/26/2010  House   Read third time and enrolled HJ-7
   3/25/2010          Ratified R 143
   3/31/2010          Signed By Governor
   4/12/2010          Effective date 03/31/10
   4/13/2010          Act No. 137

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/9/2009
1/14/2010
1/15/2010
2/4/2010

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

(A137, R143, S929)

AN ACT TO AMEND SECTION 41-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POSTING CERTAIN EMPLOYMENT NOTICES IN THE WORKPLACE, SO AS TO REMOVE A PROVISION REQUIRING NOTICE BE POSTED IN A ROOM WHERE FIVE OR MORE PEOPLE ARE EMPLOYED; TO AMEND SECTION 41-3-10, AS AMENDED, RELATING TO THE DIVISION OF LABOR WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT, SO AS TO REMOVE THE PROVISION ESTABLISHING THE DIVISION; TO AMEND SECTION 41-3-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE DEPARTMENT, SO AS TO REMOVE REFERENCES TO THE DIVISION OF LABOR; TO AMEND SECTIONS 41-3-50, AS AMENDED, 41-3-60, AS AMENDED, 41-3-100, AS AMENDED, 41-3-120, AS AMENDED, ALL RELATING TO VARIOUS LABOR AND EMPLOYMENT LAWS, SO AS TO MAKE CONFORMING CHANGES; AND TO REPEAL SECTION 41-1-40 RELATING TO REQUIRING AN EMPLOYER WHO REQUIRES NOTICE FROM AN EMPLOYEE QUITTING WORK TO POST NOTICE OF A SHUTDOWN, SECTION 41-1-50 RELATING TO THE ACCEPTANCE OF PAYMENT FROM A RELIEF FUND NOT BARRING A DAMAGES ACTION, SECTION 41-3-80 RELATING TO ENFORCEMENT OF THE FAIR LABOR STANDARDS ACT OF 1938, SECTION 41-15-10 RELATING TO LOCKING OF EMPLOYEES IN BUILDINGS, SECTION 41-15-50 RELATING TO REQUIRING A LIGHT AT AN ELEVATOR SHAFT ENTRANCE WHEN THE ELEVATOR IS IN OPERATION, ARTICLE 5, CHAPTER 3, TITLE 41 RELATING TO THE MIGRANT LABOR SUBDIVISION OF THE DEPARTMENT, CHAPTER 21, TITLE 41 RELATING TO VOLUNTARY APPRENTICESHIPS, AND CHAPTER 23, TITLE 41 RELATING TO AGRICULTURAL LABOR CONTRACTS.

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

Employers shall post certain labor laws

SECTION    1.    Section 41-1-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 41-1-10.    Every employer shall keep posted in a conspicuous place a printed notice stating the provisions of the law relative to the employment of adult persons and children and the regulation of hours and working conditions. The Director of the Department of Labor, Licensing and Regulation or his designee shall furnish the printed form of such notice upon request."

Director of department appointed by Governor

SECTION    2.    Section 41-3-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 41-3-10.    A Director of the Department of Labor, Licensing and Regulation must be appointed by the Governor pursuant to the provisions of Section 40-73-15. The director means the chief administrative officer of the Department of Labor, Licensing and Regulation. The department is authorized to promulgate regulations for the department, and it is the duty of the department to administer and enforce the regulations and direct all inspections and investigations except as otherwise provided."

Department may promulgate regulations to effectuate title

SECTION    3.    Section 41-3-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 41-3-40.    The Director of the Department of Labor, Licensing and Regulation, or his designee, shall promulgate regulations with reference to this title as shall be necessary properly to carry out the duties imposed upon the department."

Workplace inspections by department

SECTION    4.    Section 41-3-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 41-3-50.    The director of the department or his designee shall visit and inspect at reasonable hours, as often as practicable, all places, sites, or areas where employment comes under the jurisdiction of the department to enforce the provisions of Chapters 1 through 24."

Enforcement of labor and employment laws; appointment and duties of inspectors and assistants

SECTION    5.    Section 41-3-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 41-3-60.    The Director of the Department of Labor, Licensing and Regulation or his designee shall enforce all laws of Chapters 1 through 24 in places, sites, or areas, which come under his jurisdiction, and appoint such assistants and inspectors as necessary to carry out his duties. The duties of such assistants and inspectors shall be prescribed by the director which come under his jurisdiction."

Department required to furnish certain required blanks and forms

SECTION    6.    Section 41-3-100 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 41-3-100.    All blanks and forms required by the Director of the Department of Labor, Licensing and Regulation or his designee under provisions of Chapters 1 through 24 must be furnished by the director or his designee."

Enforcement and prosecution of violations

SECTION    7.    Section 41-3-120 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 41-3-120.        The Director of the Department of Labor, Licensing and Regulation or his designee shall enforce the provisions of Chapters 1 through 24 and prosecute all violations of law relating to those chapters before any court of competent jurisdiction."

Sections repealed

SECTION    8.    Sections 41-1-40, 41-1-50, 41-3-80, 41-15-10, 41-15-50, Article 5, Chapter 3, Title 41; Chapter 21, Title 41; and Chapter 23, Title 41 of the 1976 Code are repealed.

Time effective

SECTION    9.    This act takes effect upon approval by the Governor.

Ratified the 25th day of March, 2010.

Approved the 31st day of March, 2010.

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