South Carolina General Assembly
106th Session, 1985-1986

Bill 74


                    Current Status

Bill Number:               74
Ratification Number:       130
Act Number:                86
Introducing Body:          Senate
Subject:                        Sundays and prohibited acts on
                           Sundays
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A86, R130, S74)

AN ACT TO AMEND CHAPTER 1, OF TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAYS AND PROHIBITED ACTIVITIES ON SUNDAYS BY ADDING SECTION 53-1-5, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS CHAPTER DO NOT APPLY AFTER THE HOUR OF 1:30 P.M., TO PROVIDE THAT AN EMPLOYEE OF ANY BUSINESS WHICH OPERATES ON SUNDAY UNDER THE PROVISIONS OF THIS SECTION HAS THE OPTION OF REFUSING TO WORK DURING THIS TIME IF HE CONSCIENTIOUSLY OBJECTS TO SUNDAY WORK, TO PROHIBIT EMPLOYERS FROM DISMISSING OR DEMOTING EMPLOYEES WHO CONSCIENTIOUSLY OBJECT TO SUNDAY WORK AND TO SUBJECT EMPLOYERS TO CERTAIN CIVIL PENALTIES, COURT COSTS, AND ATTORNEY'S FEES IF THEY DO SO DISMISS OR DEMOTE THESE EMPLOYEES, AND TO PROVIDE THAT NO PROPRIETOR OF A RETAIL ESTABLISHMENT WHO IS OPPOSED TO WORKING ON SUNDAY MAY BE FORCED BY HIS LESSOR OR FRANCHISOR TO OPEN HIS ESTABLISHMENT ON SUNDAY NOR MAY THERE BE DISCRIMINATION AGAINST PERSONS WHOSE REGULAR DAY OF WORSHIP IS SATURDAY; TO AMEND CHAPTER 1 OF TITLE 53 BY ADDING SECTION 53-1-6, SO AS TO PROVIDE THAT A DETERMINATION THAT A SHERIFF OR OTHER LAW ENFORCEMENT OFFICER HAS FAILED TO ENFORCE THE PROVISIONS OF THIS CHAPTER TO THE BEST OF HIS ABILITY CONSTITUTES NEGLECT OF DUTY AND MISCONDUCT; TO AMEND SECTION 53-1-30, RELATING TO AMUSEMENT PARKS AND STATE AND COUNTY FAIRS BEING ALLOWED TO OPERATE ON SUNDAYS AFTER 1:00 P.M., SO AS TO DELETE THIS 1:00 P.M. LIMITATION; TO AMEND SECTION 53-1-130, AS AMENDED, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST SUNDAY WORK FOR MANUFACTURING ESTABLISHMENTS REQUIRING CONTINUOUS OPERATION, SO AS TO MAKE CONFORMING CHANGES TO THE SECTION AND TO PROVIDE THAT THE PROHIBITIONS AGAINST SUNDAY WORK DO NOT APPLY TO MAINTENANCE, REPAIR, AND OTHER SERVICE PERSONNEL OF MANUFACTURING ESTABLISHMENTS; AND TO PROVIDE THAT CERTAIN COUNTIES ARE COMPLETELY EXEMPT FROM THE PROVISIONS OF CHAPTER 1 OF TITLE 53 AND TO PROVIDE THAT EMPLOYEES, EMPLOYERS, PROPRIETORS, AND PERSONS WHOSE REGULAR DAY OF WORSHIP IS SATURDAY IN THESE COUNTIES COMPLETELY EXEMPT HAVE THE SAME RIGHTS OR ARE SUBJECT TO THE SAME SANCTIONS AS ARE AFFORDED TO OR APPLY TO THESE PERSONS IN SECTION 53-1-5 ABOVE.

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

Businesses may open after 1:30 p.m. on Sunday - conscientious

objection

SECTION 1. Chapter 1 of Title 53 of the 1976 Code is amended by adding:

"Section 53-1-5. The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with provisions of Section 53-1-100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of triple the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in before the dismissal or demotion without forfeiture of compensation, rank, or grade.

No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday."

Certain manufacturing establishments exempted

SECTION 2. Section 53-1-130 of the 1976 Code, as last amended by Act 121 of 1983, is further amended to read:

"Section 53-1-130. The provisions of Sections 53-1-5 through 53-1-120 do not apply to manufacturing establishments or to research and development operations of any person, including the support services necessary for these operations, or to the employees of these operations when these establishments in the nature of their business involve manufacturing processes requiring continuous and uninterrupted operation or which for economical operation must engage in a continuous process nor do the provisions apply to maintenance, repair, and other service personnel of any manufacturing establishment."

Certain counties exempted

SECTION 3. (A) The General Assembly finds that certain areas of the State would benefit greatly from a complete exemption from Chapter 1, Title 53, of the 1976 Code. This benefit would be a result of an expanded tax base thereby reducing the burden placed on property owners through the property tax. Allowing the operation of establishments on Sunday in these areas would also reduce the property tax burden through additional accommodation tax revenue which allows these areas to provide necessary governmental service from these revenues.

(B) The provisions of Chapter 1, Title 53, of the 1976 Code do not apply to any county area, as defined in Section 12-35-730 of the 1976 Code, which collects more than nine hundred thousand dollars in revenues from the tax imposed in Section 12-35-710 of the 1976 Code.

(C) Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with provisions of Section 53-1-100 of the 1976 Code. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of triple the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in before the dismissal or demotion without forfeiture of compensation, rank, or grade.

No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday.

Amusement parks and county fairs may operate on Sunday

SECTION 4. Section 53-1-30 of the 1976 Code is amended to read:

"Section 53-1-30. All amusement parks and recognized state and county fairs may operate on Sundays."

Misconduct by law enforcement officer

SECTION 5. Chapter 1 of Title 53 of the 1976 Code is amended by adding:

"Section 53-1-6. A determination that a sheriff or other law enforcement officer has failed to enforce the provisions of this chapter to the best of his ability constitutes neglect of duty and misconduct."

Time effective

SECTION 6. This act shall take effect upon approval by the Governor.