S*0375(Rat #0103, Act #0134 of 1995)  General Bill, By Jackson and Courtney
 A Bill to amend Section 53-1-5, Code of Laws of South Carolina, 1976, relating
 to the nonapplicability of the provisions of Chapter 1 of Title 53, after the
 hour of 1:30 P.M. on Sunday, so as to correct a reference to treble instead of
 triple damages; to amend Section 53-1-10, relating to the prohibition to
 operate for professional purposes athletic and other events unless a permit
 obtained from the municipal or county council, so as to provide that when a
 permit is granted the municipal or county governing body may, by resolution,
 suspend the 1:30 P.M. opening hour and allow businesses to operate after the
 hour of 10:00 A. M. on Sunday; to amend Section 53-1-150, relating to the
 nonapplicability of Chapter 1 of Title 53, to a county area which collects
 more than nine hundred thousand dollars in revenues from the accommodations,
 so as to provide that after a county area has collected more than nine hundred
 thousand dollars in one fiscal year in revenues from the accommodations tax
 the exclusion from the provisions of Chapter 1 of Title 53, will continue from
 year to year irrespective of whether the revenue falls below nine hundred
 thousand dollars in subsequent years; and to amend the 1976 Code by adding
 Section 53-1-160 so as to provide that, in addition to other exceptions
 provided by statute, the governing body of a county may by ordinance suspend
 the application of the Sunday work prohibition under certain conditions,
 including a referendum in which a majority of the qualified electors of that
 county favor the continued prohibition on Sunday work.-amended title

   01/17/95  Senate Introduced and read first time SJ-13
   01/17/95  Senate Referred to Committee on Judiciary SJ-13
   02/08/95  Senate Committee report: Favorable with amendment
                     Judiciary SJ-19
   02/21/95  Senate Special order SJ-18
   02/28/95  Senate Amended SJ-24
   02/28/95  Senate Read second time SJ-28
   02/28/95  Senate Ordered to third reading with notice of
                     amendments SJ-28
   03/28/95  Senate Special order SJ-22
   03/29/95  Senate Amended SJ-24
   03/29/95  Senate Read third time and sent to House SJ-24
   03/30/95  House  Introduced and read first time HJ-7
   03/30/95  House  Referred to Committee on Judiciary HJ-7
   05/18/95  House  Committee report: Favorable Judiciary HJ-34
   05/24/95  House  Objection by Rep. Klauber, Kirsh, Cooper,
                     Marchbanks, Tripp & Davenport HJ-16
   05/25/95  House  Objection withdrawn by Rep. Davenport & Cooper HJ-65
   05/25/95  House  Objection by Rep. Simrill HJ-65
   05/25/95  House  Objection withdrawn by Rep. Simrill HJ-68
   05/29/95  House  Objection by Rep. Simrill, Harrison, Jennings &
                     Tucker HJ-12
   05/31/95  House  Objection withdrawn by Rep. Tucker, Jennings,
                     Simrill & Tripp HJ-44
   05/31/95  House  Objection by Rep. Fair, Simrill & Trotter HJ-44
   05/31/95  House  Objection withdrawn by Rep. Harrison, Trotter &
                     Simrill HJ-13
   05/31/95  House  Read second time HJ-13
   05/31/95  House  Roll call Yeas-72  Nays-32 HJ-14
   06/01/95  House  Read third time and enrolled HJ-9
   06/06/95         Ratified R 103
   06/13/95         Became law without Governor's signature
   06/13/95         Effective date 06/13/95
   08/18/95         Copies available
   08/18/95         Act No. 134

AN ACT TO AMEND SECTION 53-1-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICABILITY OF THE PROVISIONS OF CHAPTER 1 OF TITLE 53, AFTER THE HOUR OF 1:30 P.M. ON SUNDAY, SO AS TO CORRECT A REFERENCE TO TREBLE INSTEAD OF TRIPLE DAMAGES; TO AMEND SECTION 53-1-10, RELATING TO THE PROHIBITION TO OPERATE FOR PROFESSIONAL PURPOSES ATHLETIC AND OTHER EVENTS UNLESS A PERMIT OBTAINED FROM THE MUNICIPAL OR COUNTY COUNCIL, SO AS TO PROVIDE THAT WHEN A PERMIT IS GRANTED THE MUNICIPAL OR COUNTY GOVERNING BODY MAY, BY RESOLUTION, SUSPEND THE 1:30 P.M. OPENING HOUR AND ALLOW BUSINESSES TO OPERATE AFTER THE HOUR OF 10:00 A.M. ON SUNDAY; TO AMEND SECTION 53-1-150, RELATING TO THE NONAPPLICABILITY OF CHAPTER 1 OF TITLE 53, TO A COUNTY AREA WHICH COLLECTS MORE THAN NINE HUNDRED THOUSAND DOLLARS IN REVENUES FROM THE ACCOMMODATIONS, SO AS TO PROVIDE THAT AFTER A COUNTY AREA HAS COLLECTED MORE THAN NINE HUNDRED THOUSAND DOLLARS IN ONE FISCAL YEAR IN REVENUES FROM THE ACCOMMODATIONS TAX THE EXCLUSION FROM THE PROVISIONS OF CHAPTER 1 OF TITLE 53, WILL CONTINUE FROM YEAR TO YEAR IRRESPECTIVE OF WHETHER THE REVENUE FALLS BELOW NINE HUNDRED THOUSAND DOLLARS IN SUBSEQUENT YEARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 53-1-160 SO AS TO PROVIDE THAT, IN ADDITION TO OTHER EXCEPTIONS PROVIDED BY STATUTE, THE GOVERNING BODY OF A COUNTY MAY BY ORDINANCE SUSPEND THE APPLICATION OF THE SUNDAY WORK PROHIBITION UNDER CERTAIN CONDITIONS, INCLUDING A REFERENDUM IN WHICH A MAJORITY OF THE QUALIFIED ELECTORS OF THAT COUNTY FAVOR THE CONTINUED PROHIBITION ON SUNDAY WORK.

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

Provisions not to apply

SECTION 1. Section 53-1-5 of the 1976 Code is 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 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.

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."

Municipalities and counties may suspend opening hour

SECTION 2. Section 53-1-10 of the 1976 Code is amended to read:

"Section 53-1-10. (A) It shall be unlawful to operate for professional purposes athletic events, public exhibitions, historic or musical entertainment, or concerts unless a permit shall first be obtained from the town or city council, if the activity is in an incorporated town or city, or from the governing body of the county if the activity takes place outside of an incorporated town or city by either the sponsor of the athletic or entertainment event or exhibition or the individual participant.

(B) When a permit is granted as required by this section, the town or city council or county governing body may by resolution suspend the 1:30 p.m. opening hour provided in Section 53-1-5 and allow businesses to operate after the hour of 10:00 a.m. on Sunday."

Provision not to apply

SECTION 3. Section 53-1-150 of the 1976 Code is amended to read:

"Section 53-1-150. (A) The General Assembly finds that certain areas of the State would benefit greatly from a complete exemption from Chapter 1 of Title 53. 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 also would reduce the property tax burden through additional accommodations tax revenue which allows these areas to provide necessary governmental service from these revenues.

(B) The provisions of Chapter 1 of Title 53 do not apply to any county area, as defined in Section 6-4-5(1), which collects more than nine hundred thousand dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A). After a county area has collected more than nine hundred thousand dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A), the exclusion from the provisions of Chapter 1 of Title 53 will continue from year to year irrespective of whether revenue falls below nine hundred thousand dollars in subsequent years.

(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 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.

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."

County may suspend Sunday work prohibitions

SECTION 4. The 1976 Code is amended by adding:

"Section 53-1-160. (A) In addition to other exemptions provided by statute, the county governing body may by ordinance suspend the application of the Sunday work prohibitions provided in Chapter 1 of Title 53 in a county which does not qualify for the exemption provided in Section 53-1-150. If the county governing body suspends the application of Sunday work prohibitions, 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 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 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.

(B) In addition to other exemptions provided by statute, the Sunday work prohibitions provided in Chapter 1 of Title 53 may only be continued:

(1) in a county which does not qualify for the exemption provided in Section 53-1-150 within ninety days before the 1996 general election; or

(2) in a county in which the county governing body has not suspended application of the Sunday work prohibitions by ordinance as provided in subsection (A) within ninety days before the 1996 general election;

if a majority of the qualified electors of that county voting in a referendum at the time of the 1996 general election vote in favor of the continued prohibition on Sunday work.

(C) The county election commission shall place the question in subsection (G) on the ballot in November 1996 in a county:

(1) which does not qualify for the exemption provided in Section 53-1-150 within ninety days before the 1996 general election; or

(2) in which the county governing body has not suspended application of the Sunday work prohibitions by ordinance as provided in subsection (A) within ninety days before the 1996 general election.

(D) The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum within each county and certify them to the Secretary of State.

(E) If a county in which the referendum is to be held qualifies for the exemption provided in Section 53-1-150 after September 1, 1996, and before November 5, 1996, the county governing body shall direct the county election commission not to place the question on the ballot and not to hold the referendum.

(F) If the result of this referendum is not in favor of a continuation of the prohibition on Sunday work within the county, Chapter 1 of Title 53 shall not apply within such county after the result of the referendum is certified to the Secretary of State. 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 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 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.

(G) The question put before the voters shall read as follows:

`Shall the prohibition on Sunday work continue in this county subject to an employee's right to elect not to work on Sunday if the prohibition is not continued after certification of the result of this referendum to the Secretary of State?

(H) Notwithstanding the provisions of subsections (A) through (G), the referendum provided by subsection (B) must be held in a county which qualified for the exemption provided in Section 53-1-150 after May 8, 1985."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 6/13/95.