H 3686 General Bill, By S.E. Gonzales, Bailey, H. Brown, A.W. Byrd, 
R.S. Corning, R.C. Fulmer, Gamble, H.M. Hallman, Harrison, T.E. Huff, 
M.F. Jaskwhich, Koon, Littlejohn, Quinn, Sharpe, J.S. Shissias, C.H. Stone, 
Walker, C.C. Wells, J.B. Wilder, Witherspoon, S.S. Wofford and D.A. Wright
 A Bill to amend Section 8-27-30, Code of Laws of South Carolina, 1976,
 relating to the presumption of retaliation by an employer of an employee of a
 public body who is discharged by a public body after having reported a
 violation of a state or federal law or regulation, so as to remove the
 presumption.

   03/11/93  House  Introduced and read first time HJ-8
   03/11/93  House  Referred to Committee on Judiciary HJ-8

A BILL

TO AMEND SECTION 8-27-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESUMPTION OF RETALIATION BY AN EMPLOYER OF AN EMPLOYEE OF A PUBLIC BODY WHO IS DISCHARGED BY A PUBLIC BODY AFTER HAVING REPORTED A VIOLATION OF A STATE OR FEDERAL LAW OR REGULATION, SO AS TO REMOVE THE PRESUMPTION.

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

SECTION 1. Section 8-27-30 of the 1976 Code, as added by Act 354 of 1988, is amended to read:

"Section 8-27-30. (A) It is presumed that an An employee of a public body who is discharged, otherwise terminated, or suspended from employment, demoted, suffers a decrease in compensation, or is disciplined, otherwise punished, or threatened by a public body within one year after having reported a violation of any state or federal law or regulation which involves a public body or any employee or official of a public body; within one year after having exposed governmental criminality, corruption, waste, fraud, gross negligence, or mismanagement; or within one year after having testified as a witness in any trial, hearing, or other proceeding involving any of the matters described in Section 8-27-20 was and is wrongfully treated in one or more ways described in this subsection, whichever may be applicable., If the employee was wrongfully treated he may institute a civil action either for damages or for reinstatement to his former position and lost wages, or for both, in a jury or a nonjury proceeding, in the court of common pleas of the county in which the plaintiff resides at the time of commencing the civil action or the county in which the unlawful activity occurred.

(B) The presumption established In any action brought under subsection (A) is rebuttable, and the burden is on the defendant plaintiff to demonstrate that the plaintiff he was not discharged, otherwise terminated, or suspended from employment, demoted, suffered a decrease in compensation, or was disciplined, otherwise punished, or threatened because he engaged in any of those activities described in Section 8-27-20. An employer employer's has the following affirmative defenses to this section include, but are not limited to, the following:

(1) wilful or habitual tardiness or absence from work;

(2) being disorderly or intoxicated while at work;

(3) destruction of any of the employer's property;

(4) malingering; and

(5) embezzlement or larceny of the employer's property.

(C) Any court or jury award under this section may include actual damages, court costs, and reasonable attorney's fees.

(D) Any action under this section must be commenced within two years after the accrual of the cause of action or is forever barred."

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