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Bill 3249

                    Current Status

Bill Number:                      3249
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010110
Primary Sponsor:                  Rodgers
All Sponsors:                     Rodgers
Drafted Document Number:          l:\council\bills\gjk\20086sd01.doc
Residing Body:                    House
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Blue Laws, Sunday sales prohibition 
                                  repealed; Businesses and Corporations, 
                                  Employers and Employees, Sunday work


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010110  Introduced, read first time,           26 HLCI
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 53-1-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF AN EMPLOYEE OF A BUSINESS TO REFUSE TO WORK ON SUNDAY BECAUSE HE IS A CONSCIENTIOUS OBJECTOR TO SUNDAY WORK, SO AS TO FURTHER PROVIDE FOR THIS RIGHT TO REFUSE TO WORK ON SUNDAY; AND TO REPEAL SECTIONS 53-1-6 THROUGH 53-1-160 RELATING TO THE PROHIBITION AGAINST THE SALE OF CERTAIN ITEMS ON SUNDAY EXCEPT DURING SPECIFIED HOURS AND THE PROHIBITION AGAINST THE CONDUCT OF CERTAIN WORK OR EVENTS OR THE OPERATION OF SPECIFIC BUSINESSES OR MANUFACTURING ESTABLISHMENTS ON SUNDAY.

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

SECTION    1.    Section 53-1-5 of the 1976 Code, as amended by Act 134 of 1995, is further amended to read:

    "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 on Sunday if he is conscientiously opposed to Sunday work in accordance with 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 treble 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 prior to dismissal or demotion without forfeiture of compensation, rank, or grade, or seniority.

    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."

SECTION    2.    Sections 53-1-6 through 53-1-160 of the 1976 Code are repealed.

SECTION    3.    The repeal of those sections of Chapter 1 of Title 53 of the 1976 Code as contained in Section 2 of this act does not affect provisions of law including those in Title 61 of the 1976 Code regulating or prohibiting the sale of alcoholic liquors, beer, or wine on Sunday.

SECTION    4.    This act takes effect upon approval by the Governor.

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