S 918 Session 111 (1995-1996)
S 0918 General Bill, By Jackson
A Bill to amend Section 53-1-160 of the Code of Laws of South Carolina, 1976,
relating to suspension of Sunday work prohibitions by counties, so as to
delete the requirement of holding a referendum in a county which qualifies for
the exemption provided in Section 53-1-150 after May 8, 1985.
09/26/95 Senate Prefiled
09/26/95 Senate Referred to Committee on Judiciary
01/09/96 Senate Introduced and read first time SJ-61
01/09/96 Senate Referred to Committee on Judiciary SJ-61
01/17/96 Senate Committee report: Favorable Judiciary SJ-6
01/23/96 Senate Read second time SJ-17
01/24/96 Senate Read third time and sent to House SJ-13
01/24/96 House Introduced and read first time HJ-14
01/24/96 House Referred to Committee on Judiciary HJ-14
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
January 17, 1996
S. 918
Introduced by SENATOR Jackson
S. Printed 1/9/96--S.
Read the first time January 9, 1996.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 918), to amend Section 53-1-160 of the Code of Laws of South Carolina, 1976, relating to
suspension of Sunday work prohibitions, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
DARRELL JACKSON, for Committee.
A BILL
TO AMEND SECTION 53-1-160 OF THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF
SUNDAY WORK PROHIBITIONS BY COUNTIES, SO AS TO
DELETE THE REQUIREMENT OF HOLDING A
REFERENDUM IN A COUNTY WHICH QUALIFIES FOR THE
EXEMPTION PROVIDED IN SECTION 53-1-150 AFTER MAY
8, 1985.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 53-1-160, as added by Act 134 of 1995, is
further amended to read:
"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?
Yes []
No []'
(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."
SECTION 2. This act takes effect upon approval of the
Governor.
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