2005-2006 Bill 3049: Ownership Or Operation of Motorcycle Or Wearing of Clothing Associated

South Carolina General Assembly

116th Session, 2005-2006

H. 3049

STATUS INFORMATION

General Bill

Sponsors: Reps. J.Brown and Clark

Document Path: l:\council\bills\bbm\10449mm05.doc

Introduced in the House on January 11, 2005

Currently residing in the House Committee on Judiciary

Summary: Ownership or operation of motorcycle or wearing of clothing associated with ownership

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

12/8/2004 House Prefiled

12/8/2004 House Referred to Committee on Judiciary

1/11/2005 House Introduced and read first time HJ65

1/11/2005 House Referred to Committee on Judiciary HJ65

1/26/2005 House Member(s) request name added as sponsor: Clark

VERSIONS OF THIS BILL

12/8/2004

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 411120 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:

SECTION 1. The 1976 Code is amended by adding:

“Section 411120. (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 fiftytwo weeks of wages, based on a fortyhour 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 fortyhour 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 fiftytwo weeks of wages, based on a fortyhour 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.”

SECTION 2. This act takes effect upon approval by the Governor.

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