2017-2018 Bill 141: Minimum Wage - South Carolina Legislature Online

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 S. 141 5 6 STATUS INFORMATION 7 8 Joint Resolution 9 Sponsors: Senator Scott 10 Document Path: l:\council\bills\agm\19029wab17.docx 11 12 Introduced in the Senate on January 10, 2017 13 Currently residing in the Senate Committee on Judiciary 14 15 Summary: Minimum wage 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/13/2016 Senate Prefiled 22 12/13/2016 Senate Referred to Committee on Judiciary 23 1/10/2017 Senate Introduced and read first time ( Senate Journalpage 81) 24 1/10/2017 Senate Referred to Committee on Judiciary ( Senate Journalpage 81) 25 26 View the latest legislative information at the website 27 28 29 VERSIONS OF THIS BILL 30 31 12/13/2016 32 1 2 3 4 5 6 7 8 9 A JOINT RESOLUTION 10 11 PROPOSING AN AMENDMENT TO THE CONSTITUTION OF 12 SOUTH CAROLINA, 1895, BY ADDING SECTION 16 TO 13 ARTICLE XVII RELATING TO MISCELLANEOUS 14 MATTERS, SO AS TO IMPOSE A MANDATORY MINIMUM 15 WAGE FOR PEOPLE EMPLOYED IN THE STATE WHO ARE 16 ELIGIBLE FOR THE MINIMUM WAGE PROVIDED BY 17 FEDERAL LAW, IF ANY; TO PROVIDE A PRIVATE CAUSE 18 OF ACTION FOR A VIOLATION; TO PROVIDE THE 19 ATTORNEY GENERAL MAY BRING A CIVIL ACTION; TO 20 PROVIDE REMEDIES FOR CIVIL ACTIONS BROUGHT 21 PRIVATELY AND BY THE ATTORNEY GENERAL; TO 22 PROVIDE A CLASS ACTION MAY BE USED TO BRING AN 23 ACTION UNDER THIS SECTION; TO REQUIRE THE 24 GENERAL ASSEMBLY DESIGNATE A STATE OFFICE OR 25 AGENCY TO IMPLEMENT THE PROVISIONS OF THIS 26 SECTION IN A CERTAIN MANNER; AND TO LIMIT THE 27 SCOPE OF AUTHORITY OF THIS STATE OFFICE OR 28 AGENCY. 29 30 Be it enacted by the General Assembly of the State of South 31 Carolina: 32 33 SECTION 1. It is proposed that Article XVII of the Constitution 34 of this State be amended by adding: 35 36 “Section 16. (A) The General Assembly shall require 37 employers to pay a state minimum wage to employees who are 38 entitled to a minimum wage under federal law, provided the 39 minimum wage required by the General Assembly must be at least 40 one dollar greater than the federal minimum wage, if any, and 41 must be adjusted annually by the rate of inflation for the previous 42 twelve month period.

[141] 2 1 (B) An employer or another party may not discriminate or take 2 adverse action against a person in retaliation to the person 3 exercising the right to by paid a minimum wage pursuant to this 4 section. The General Assembly shall create a private cause of 5 action for a violation of this right, which must entitle the person 6 whose rights are violated by an employer or other entity to civil 7 remedies excluding punitive damages but including, at a minimum, 8 full payment of unpaid back wages unlawfully withheld, 9 reasonable attorney’s fees and costs, reinstatement in employment, 10 and injunctive relief. 11 (C) The attorney general may bring a civil action to enforce 12 rights provided by this section, including injunctive relief, a 13 monetary fine for each violation that must be paid to the State for 14 remittal to the state general fund. 15 (D) The statute of limitations for a violation of rights provided 16 by this section is five years from the date of the violation. 17 (E) An action brought pursuant to this section may be brought 18 as a class action under state law; provided, however, that the 19 plaintiffs shall prove, by a preponderance of the evidence, the 20 individual identity of each class member and the individual 21 damages of each class member. 22 (F) The General Assembly shall designate an office or agency 23 of the State to implement the provisions of this section. The 24 authority of this office or agency must, at a minimum, include 25 setting an initial state minimum wage, annually adjusting the state 26 minimum wage, and publishing the amount of the state minimum 27 wage to the public, but otherwise may be limited by the General 28 Assembly.” 29 30 SECTION 2. The proposed amendment must be submitted to the 31 qualified electors at the next general election for representatives. 32 Ballots must be provided at the various voting precincts with the 33 following words printed or written on the ballot: 34 35 “Must Article XVII of the Constitution of this State relating to 36 miscellaneous matters be amended so as to provide for a state 37 minimum wage that must be greater than the federal minimum 38 wage, if any, that must be adjusted annually by the rate of inflation 39 for the previous twelve month period by a state office or agency 40 designated by the General Assembly, for which private and public 41 civil causes of action for a violation must be available, and for 42 which related legal and equitable remedies are available? 43

[141] 3 1 Yes  2 3 No  4 5 Those voting in favor of the question shall deposit a ballot with a 6 check or cross mark in the square after the word ‘Yes’, and those 7 voting against the question shall deposit a ballot with a check or 8 cross mark in the square after the word ‘No’.” 9 XX 10

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