A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 8-15-15 SO AS TO PROVIDE POLITICAL SUBDIVISIONS OF THIS STATE AND SCHOOL DISTRICTS MAY BY ORDINANCE OR RESOLUTION ENGAGE IN COLLECTIVE BARGAINING WITH THEIR EMPLOYEES, TO PROVIDE REQUIREMENTS FOR SUCH ORDINANCES AND RESOLUTIONS, AND TO PROVIDE POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS SHALL VOTE ON WHETHER TO ADOPT SUCH AN ORDINANCE OR RESOLUTION IN CERTAIN CIRCUMSTANCES, AND TO DEFINE TERMINOLOGY; AND BY AMENDING SECTION 8-11-83, RELATING TO PAYROLL DEDUCTIONS FOR DUES OF CERTAIN PUBLIC EMPLOYEE ASSOCIATIONS, SO AS TO REMOVE A PROVISION PROHIBITING DEDUCTIONS TO ASSOCIATIONS THAT ENGAGE IN COLLECTIVE BARGAINING OR ENCOURAGE MEMBERS TO STRIKE.

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

SECTION 1.  Chapter 15, Title 8 of the S.C. Code is amended by adding:

    Section 8-15-15. (A) A political subdivision of this State, including a school district, may by local ordinance or resolution engage in collective bargaining with its employees or an association or labor organization advocating on behalf of its employees. Any such ordinance or resolution must provide procedures for the certification and decertification of exclusive bargaining representatives of such an association or labor organization, including reasonable public notice and opportunity for an association or labor organization to intervene in the process for designating an exclusive representative of a bargaining unit of employees.

    (B) No ordinance or resolution adopted pursuant to subsection (A) may include provisions that restrict authority of the governing body of the subdivision or school district to establish its budget or appropriate funds.

    (C) For the governing body of a local government or school district that has not adopted an ordinance or resolution providing for collective bargaining, such governing body shall, within one hundred and twenty days after receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees considered appropriate by the governing body. Nothing in this subsection may be construed to require any governing body to adopt an ordinance or resolution authorizing collective bargaining.

    (D) For the purposes of this section, "collective bargaining" means the negotiation by an employer and the bargaining unit of employees, or their representatives, concerning representation or terms and conditions of employment of these employees in a mutually genuine effort to reach an agreement with reference to the subject under negotiation. The bargaining unit shall be defined pursuant to subsection (C), and a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining.

SECTION 2.  Section 8-11-83(A) of the S.C. Code is amended to read:

    (A) The Comptroller General and all other state agencies, upon request of employees of the State, shall make deductions from the compensation of the employees for the payment of membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. The Comptroller General and state agencies shall pay over to the respective associations all amounts so collected or withheld. Retirees from a state agency also may have withheld from their state retirement benefits their membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. No deduction is permitted if the associations at any time engage in collective bargaining or encourage their members to strike.

SECTION 3.  This act takes effect upon approval by the Governor.

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