South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 3011


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3011
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010109
Primary Sponsor:                  J. Brown
All Sponsors:                     J. Brown, A. Young
Drafted Document Number:          l:\council\bills\dka\3989mm01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Motorcycle, ownership or operation of; 
                                  employer may not bring action against employee 
                                  for; Torts, Civil actions


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010501  Co-Sponsor added (Rule 5.2) by Rep.            A. Young
House   20010109  Introduced, read first time,           25 HJ
                  referred to Committee
House   20001206  Prefiled, referred to Committee        25 HJ


              Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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:

SECTION    1.    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."

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

----XX----


This web page was last updated on Tuesday, December 8, 2009 at 4:13 P.M.