This Week's Legislative Update

While the Legislature is in session, the Greenville Chamber sends out a Legislative Update each week to those members interested. Not receiving the updates, but interested? Contact Sunnie Harmon or John DeWorken at 864-242-1050 or by e-mail (sharmon@greenvillechamber.org or jdeworken@greenvillechamber.org).

Below is this week's update from Columbia:

Senate Debates SC State Ports Advisory Board
The Senate spent most of its time on the floor this week debating Senate Bill 351, which creates an 11-person advisory board to make recommendations to the SC State Ports Authority Board of Directors. The advisory board would be comprised of individuals who are knowledgeable in one or more of the following areas: maritime shipping, organized labor related to organized shipping, overland shipping by truck or rail, international commerce, finance, accounting, engineering. The Governor would appoint members to the board based on recommendations from the South Carolina Chamber of Commerce, Trucking Association, Manufacturers’ Alliance, Maritime Association, Stevedores Association, Harbor Pilots Association, and the Propeller Club. The board would be Charleston heavy even though over 60 percent of the ports’ business is generated from the ten-county Upstate region. Senator Ralph Anderson (D-Greenville) should be commended for his arguments on the Senate floor for more guaranteed Upstate representation on the advisory board. The Chamber is fighting for more statewide representation, as well as less union representation on this advisory board.

TRAC Bill Stalled
Senate Bill S. 12 was placed on the Senate’s contested calendar this week. The Tax Realignment Commission bill passed the Full Senate Finance Committee last week with a favorable report and is awaiting second reading on the Senate floor. It is expected to be on the floor for debate next week.

Upstate Chamber Lobbyist Testifies in House Judiciary Subcommittee
Representative Eric Bedingfield (R-Greenville) is leading the fight on the House side to help strengthen South Carolina’s Right-to-Work status. His bill amends the state constitution to provide that the workers are guaranteed the right to vote by secret ballot in union votes. The Upstate Chambers Coalition Chief Lobbyist John DeWorken testified Thursday morning in a Judiciary Constitutional Laws Subcommittee in favor of the constitutional amendment. DeWorken said, “It is important to protect the rights of the workers, as well as the employer.” The bill passed the subcommittee with a favorable report and will move to the Full House Judiciary Committee for further discussion. Currently, the Employee Free Choice Act (EFCA) is moving through US House of Representatives and its passage would make it much easier for unions to unionize large and small businesses. This bill removes the workers’ right to a secret ballot vote on whether or not they want to be unionized. All unions would need to do is to get 50 percent-plus one of the business’ workforce to unionize. Under current law, a union must get 30 percent or more of the employees to check “this card,” to request a union election. Then the National Labor Relations Board (NLRB) is called to referee the election to make sure the union representatives, as well as the employer are abiding by the law. After the NLRB arrives, a secret ballot election is held to decide whether the business will be unionized or not. The most interesting part about the Federal EFCA bill is that it removes the right to a secret ballot when voting to unionize, but if the employees decide they do not want to be a part of the union anymore, the secret ballot is still in tact.

Speaker of the House Introduces Tort Reform Bill
Tuesday, Speaker of the House Bobby Harrell (R-Charleston) introduced the South Carolina Fairness in Civil Justice Act of 2009. This bill builds on tort reform legislation passed in recent years. The Speaker stated, “Our state’s future hinges on the strength of our economy and its ability to grow. This bill helps strengthen our economic climate by significantly adding to the comprehensive tort reform legislation we passed a few years ago. During these difficult times, the General Assembly needs to focus on ways we can better secure our economic future. This lawsuit abuse reform bill takes further steps in improving our business climate and making our state more competitive. Eliminating bureaucratic red tape, putting a lid on frivolous lawsuits and enacting pro-business job enabling reforms are steps we need to take in order to make South Carolina a great place for businesses to grow and expand.” House Bill 3489 was referred to the House Judiciary Committee.

Concurrent Resolution Passes House to Help Combat EFCAThe House passed a concurrent resolution to ask “the South Carolina Congressional Delegation to oppose legislation that disenfranchises SC workers by removing their right to a private ballot union election.” The resolution was referred to the Senate’s Labor Commerce and Industry Committee chaired by Senator Greg Ryberg (R-Aiken).