2015-2016 Bill 3431: SC Minimum Wage Act - South Carolina Legislature Online

1 South Carolina General Assembly 2 121st Session, 2015-2016 3 4 H. 3431 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. Sandifer 10 Document Path: l:\council\bills\agm\18497ab15.docx 11 Companion/Similar bill(s): 145, 3031 12 13 Introduced in the House on January 27, 2015 14 Currently residing in the House Committee on Labor, Commerce and Industry 15 16 Summary: SC Minimum Wage Act 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 1/27/2015 House Introduced and read first time ( House Journalpage 24) 23 1/27/2015 House Referred to Committee on Labor, Commerce and Industry (House 24 Journalpage 24) 25 4/23/2015 House Committee report: Favorable Labor, Commerce and Industry (House 26 Journalpage 14) 27 4/28/2015 House Requests for debateRep(s). CobbHunter, Sandifer, Clyburn, McEachern, Gambrell, 28 Whitmire, WJ McLeod, MS McLeod, Hart, Williams, Bernstein, JE Smith, 29 Bamberg, RL Brown, Whipper, Gilliard, Brannon, Forrester, Hiott, Clary, 30 Dilliard, Spires, Hixon, Pitts, Willis, Gagnon, Hosey ( House Journalpage 91) 31 4/29/2015 House Recommitted to Committee on Labor, Commerce and Industry (House 32 Journalpage 146) 33 34 View the latest legislative information at the website 35 36 37 VERSIONS OF THIS BILL 38 39 1/27/2015 40 4/23/2015 41 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 April 23, 2015 6 7 H. 3431 8 9 Introduced by Rep. Sandifer 10 11 S. Printed 4/23/15--H. 12 Read the first time January 27, 2015. 13 14 15 THE COMMITTEE ON 16 LABOR, COMMERCE AND INDUSTRY 17 To whom was referred a Bill (H. 3431) to amend Section 61130, 18 Code of Laws of South Carolina, 1976, relating to the scope of 19 authority of a political subdivision to set minimum wage rates, 20 etc., respectfully 21 REPORT: 22 That they have duly and carefully considered the same and 23 recommend that the same do pass: 24 25 WILLIAM E. SANDIFER III for Committee. 26

[3431-2] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 61130, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO THE SCOPE OF 13 AUTHORITY OF A POLITICAL SUBDIVISION TO SET 14 MINIMUM WAGE RATES, SO AS TO PROVIDE A 15 POLITICAL SUBDIVISION OF THIS STATE MAY NOT 16 MANDATE OR OTHERWISE REQUIRE AN EMPLOYEE 17 BENEFIT, AND TO DEFINE NECESSARY TERMINOLOGY. 18 19 Be it enacted by the General Assembly of the State of South 20 Carolina: 21 22 SECTION 1. Section 61130 of the 1976 Code is amended to read: 23 24 “Section 61130. (A) For purposes of this section: 25 (1) ‘Employee benefit’ means anything of value that an 26 employee may receive from an employer in addition to wages. 27 This term includes, but is not limited to, any health benefits, 28 disability benefits, death benefits, group accidental death and 29 dismemberment benefits, paid days off for holidays, paid sick 30 leave, paid vacation leave, paid personal necessity leave, 31 retirement benefits, and profitsharing benefits. 32 (2) ‘Political subdivision’ includes, but is not limited to, a 33 municipality, county, school district, special purpose district, or 34 public service district. 35 (3) ‘Wage’ has the same meaning set forth in the Fair Labor 36 Standards Act of 1938, 29 U.S.C. 203(m). 37 (B) A political subdivision of this State may not establish, 38 mandate, or otherwise require a minimum wage rate that exceeds 39 the federal minimum wage rate set forth in Section 6 of the Fair 40 Labor Standards Act of 1938, 29 U.S.C. 206. Also, a political 41 subdivision of this State may not establish, mandate, or otherwise 42 require a minimum wage rate related to employee wages that are

[3431] 3 1 exempt under 29 U.S.C. 201 et seq., the Fair Labor Standards Act 2 of 1938. A political subdivision of this State also may not 3 establish, mandate, or otherwise require an employee benefit. 4 (C) This section does not limit the authority of political 5 subdivisions to establish wage rates or employee benefits in 6 contracts or employment relationships to which they are a party. 7 (D) For purposes of this section, ‘wage’ has the same meaning 8 set forth in Section 3(m) of the Fair Labor Standards Act of 1938, 9 29 U.S.C. 203(m).” 10 11 SECTION 2. This act takes effect upon approval by the 12 Governor. 13 XX 14

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