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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 HJ-65 1/11/2005 House Referred to Committee on Judiciary HJ-65 1/26/2005 House Member(s) request name added as sponsor: Clark
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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. 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.
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