S*0074(Rat #0130, Act #0086 of 1985)  General Bill, By J.C. Hayes, 
H.U. Fielding, Giese, Moore, Ravenel, R.C. Shealy, T.E. Smith and Wilson
 A Bill 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.-amended title

   01/10/85  Senate Introduced and read first time SJ-96
   01/10/85  Senate Referred to Committee on Judiciary SJ-97
   01/30/85  Senate Committee report: Favorable with amendment
                     Judiciary SJ-275
   02/05/85  Senate Debate interrupted SJ-345
   02/06/85  Senate Debate interrupted SJ-360
   02/07/85  Senate Debate interrupted SJ-376
   02/12/85  Senate Amended SJ-392
   02/12/85  Senate Debate interrupted SJ-398
   02/13/85  Senate Amended SJ-416
   02/13/85  Senate Debate interrupted SJ-422
   02/14/85  Senate Debate interrupted SJ-502
   02/19/85  Senate Read second time SJ-528
   02/19/85  Senate Ordered to third reading with notice of
                     amendments SJ-528
   02/19/85  Senate Special order SJ-529
   02/20/85  Senate Amended SJ-611
   02/20/85  Senate Debate interrupted SJ-618
   02/21/85  Senate Amended SJ-622
   02/21/85  Senate Read third time and sent to House SJ-624
   02/26/85  House  Introduced and read first time HJ-978
   02/26/85  House  Referred to Committee on Judiciary HJ-978
   03/27/85  House  Committee report: Favorable with amendment
                     Judiciary HJ-1833
   03/27/85  House  Special order, set for Wed. 3/27/85-immediate
                     consideration (Under H-2688) HJ-1854
   03/27/85  House  Amended HJ-1861
   03/27/85  House  Read second time HJ-1894
   03/28/85  House   Read third time HJ-1925
   03/28/85  House  Returned HJ-1926
   04/09/85  Senate  Interrupted debate on amendments to house
                     amendments SJ-1382
   04/10/85  Senate Debate interrupted SJ-1419
   04/11/85  Senate House amendment amended SJ-1471
   04/11/85  Senate Returned SJ-1485
   04/12/85  House  Non-concurrence in Senate amendment HJ-3440
   04/16/85  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Hayes, Long, & Branton
   04/16/85  House  Conference committee appointed L. Hendricks,
                     Sheheen & Wilkins HJ-3493
   05/02/85  House  Conference report received HJ-2890
   05/02/85  House  Conference report adopted HJ-2894
   05/02/85  Senate Conference report received SJ-1922
   05/02/85  Senate Conference report adopted SJ-1930
   05/07/85  House  Ordered enrolled for ratification HJ-2937
   05/07/85         Ratified R 130
   05/08/85         Signed By Governor
   05/08/85         Effective date 05/08/85
   05/08/85         Act No. 86
   05/22/85         Copies available

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.