2001-2002 Bill 3011: Motorcycle, Ownership Or Operation Of; Employer May Not Bring Action

BIL:3011

TYP:General Bill GB

INB:House

IND:20010109

PSP:J.Brown

SPO:J.Brown, A. Young

DDN:l:\council\bills\dka\3989mm01.doc

RBY:House

COM:Judiciary Committee 25 HJ

SUB:Motorcycle, ownership or operation of; employer may not bring action against employee for; Torts, Civil actions

HST:

BodyDateAction DescriptionComLeg Involved

______

House20010501Co-Sponsor added (Rule 5.2) by Rep.A. Young

House20010109Introduced, read first time,25 HJ

referred to Committee

House20001206Prefiled, referred to Committee25 HJ

Versions of This Bill

TXT:

A BILL

TO AMEND CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING SECTION 41-1-120 SO AS TO PROVIDE THAT THE OWNERSHIP OR OPERATION OF A MOTORCYCLE OR THE WEARING OF CLOTHING ASSOCIATED WITH THE OWNERSHIP OR OPERATION OF A MOTORCYCLE, EXCEPT WHEN THE CLOTHING IS OBSCENE, IS NOT THE LAWFUL BASIS OF A PERSONNEL ACTION, AND TO PROVIDE FOR DAMAGES, BURDEN OF PROOF, AND A STATUTE OF LIMITATIONS FOR ACTIONS BROUGHT FOR VIOLATION OF THIS SECTION.

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

SECTION1.Chapter 1, Title 41 of the 1976 Code is amended by adding:

“Section 41-1-120.(A)The ownership or operation of a motorcycle or the wearing of clothing associated with the ownership or operation of a motorcycle, except when the clothing is obscene, is not the lawful basis of personnel action including, but not limited to, employment, termination, or demotion of an employee.

(B)An employer who violates subsection (A) is subject to a civil action in the circuit court for damages caused by the employer’s violation. Damages for termination are limited to no more than one year’s salary or fifty-two weeks of wages, based on a forty-hour work week in the amount of compensation the employee was receiving at the time of the termination. Damages for demotion are limited to the difference between the annual salary or wages, based on a forty-hour work week, which the employee received before the demotion and the amount he receives after the demotion. Damages for refusal to employ are limited to no more than one year’s salary or fifty-two weeks of wages, based on a forty-hour work week, in the amount of compensation allotted for the position for which the applicant sought employment.

(C)The burden of proof for an action brought pursuant to this section is upon the employee or the applicant for employment.

(D)The statute of limitations for an action brought pursuant to this section is one year.”

SECTION2.This act takes effect upon approval by the Governor.

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