South Carolina Legislature


1976 South Carolina Code of Laws
Unannotated
Updated through the end of the 2015 Session

DISCLAIMER

The South Carolina Legislative Council is offering access to the South Carolina Code of Laws on the Internet as a service to the public. The South Carolina Code on the General Assembly's website is now current through the 2015 session. The South Carolina Code, consisting only of Code text, numbering, history, and Effect of Amendment, Editor�s, and Code Commissioner�s notes may be copied from this website at the reader's expense and effort without need for permission.

The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.

While every effort was made to ensure the accuracy and completeness of the South Carolina Code available on the South Carolina General Assembly's website, this version of the South Carolina Code is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official version.

Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify the Legislative Services Agency at [email protected] regarding any apparent errors or omissions in content of Code sections on this website, in which case LSA will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.


Title 53 - Sundays, Holidays and Other Special Days

CHAPTER 3

Special Days

SECTION 53-3-10. Arbor Day.

The first Friday of December of each year is set apart as Arbor Day and as a part of the observance of Arbor Day the officials, teachers, supervisors, principals and superintendents of the public schools are directed to observe the first Friday in December in each year as South Carolina Arbor Day with appropriate ceremonies, including the planting of trees on school property, and all civic, patriotic and fraternal organizations are requested to lend their assistance in the observance of such day in an appropriate manner.

HISTORY: 1962 Code Section 64-101; 1952 Code Section 64-101; 1942 Code Section 5387; 1940 (41) 1824.

SECTION 53-3-20. Frances Willard Day.

The fourth Friday in October in each year shall be set apart and designated in the public schools as Frances Willard Day and in each public school it shall be the duty of such school to prepare and render a suitable program on the day to the end that the children of the State may be taught the evils of intemperance.

HISTORY: 1962 Code Section 64-102; 1952 Code Section 64-102; 1942 Code Section 5389; 1932 Code Section 5433; Civ. C. '22 Section 2698; 1918 (30) 791.

SECTION 53-3-30. General Pulaski's Memorial Day.

The Governor shall issue a proclamation calling upon officials of the government to display the flag of the United States on all governmental buildings on October eleventh of each year and inviting the people of the State to observe the day in schools and churches or other suitable places with appropriate ceremonies in commemoration of the death of General Casimir Pulaski.

HISTORY: 1962 Code Section 64-103; 1952 Code Section 64-103; 1942 Code Section 5390; 1932 (37) 1268.

SECTION 53-3-35. General Francis Marion Memorial Day.

The twenty-seventh day of February of each year is designated as "General Francis Marion Memorial Day" in honor of this South Carolina Revolutionary War hero.

HISTORY: 2007 Act No. 18, Section 2, eff May 2, 2007.

SECTION 53-3-40. Mother's Day.

The Governor is requested to issue annually a proclamation calling upon the State officials to display the United States flag and the flag of this State on all State and school buildings and the people of the State to display the flag at their homes, lodges, churches, places of business and other suitable places on the second Sunday in May, known as Mother's Day, founded by Anna Jarvis of Philadelphia, Pennsylvania, as a public expression of love and reverence for the homes of the State, especially for their mothers and other patriotic women therein, and the Governor is requested to urge the celebration of Mother's Day in such proclamation in such a way as will deepen home ties and inspire better homes and closer union between the State, its homes and their sons and daughters.

HISTORY: 1962 Code Section 64-104; 1952 Code Section 64-104; 1942 Code Section 5704; 1932 Code Section 5704; 1923 (33) 240.

SECTION 53-3-45. Family Respect Day.

The Friday immediately preceding Mother's Day of each year is designated "Family Respect Day" in recognition of the important role the family unit plays in a healthy and productive society.

HISTORY: 2001 Act No. 4, Section 5, eff November 30, 2000.

SECTION 53-3-50. Grandmother's Day.

The second Sunday in October of each year is hereby officially designated "Grandmother's Day" in South Carolina.

HISTORY: 1962 Code Section 64-104.1; 1970 (56) 2278.

SECTION 53-3-60. South Carolina Day.

The public schools shall observe Calhoun's birthday, the eighteenth of March of each year, as South Carolina Day and on that day the school officers and teachers shall conduct such exercises as will conduce to a more general knowledge and appreciation of the history, resources and possibilities of this State. If such day shall fall on Saturday or Sunday the Friday nearest to March eighteenth shall be so observed and if any school shall not be in session on such date, the celebration may be held before the close of the term. The State Superintendent of Education shall suggest such topics or programs as he may deem appropriate for the celebration of South Carolina Day.

HISTORY: 1962 Code Section 64-105; 1952 Code Section 64-105; 1942 Code Section 5388; 1932 Code Section 5432; Civ. C. '22 Section 2697; Civ. C. '12 Section 1810; 1906 (25) 22.

SECTION 53-3-65. Spirit of '45 Day.

The second Sunday in August is hereby designated as "Spirit of '45 Day" to commemorate the anniversary of the end of World War II.

HISTORY: 2014 Act No. 257 (H.4788), Section 1, eff June 6, 2014.

SECTION 53-3-70. Loyalty Day.

May first of every year shall be designated as Loyalty Day in this State.

HISTORY: 1962 Code Section 64-106; 1957 (50) 127.

SECTION 53-3-80. Martin Luther King Day.

The third Monday of January of each year, is declared to be Martin Luther King, Jr. Day in South Carolina.

HISTORY: 1975 (59) 34; 2000 Act No. 246, Section 2, eff May 1, 2000.

Editor's Note

The preamble to 1975 Act No. 31 (1975 (59) 34) provides:

"Whereas, Dr. Martin Luther King, Jr., dedicated his work to his race, the nation, and the world; and.

"Whereas, in rememberance of his devoted life and teachings of the moral injustices committed to the oppressed; and.

"Whereas, his voice was recognized in this nation as a voice of the Blacks, the poor, and the underprivileged, always carrying their flag; and.

"Whereas, he gave his life to his belief and principles that all men should be treated with justice and equality; and.

"Whereas, his tragic death made all Americans more aware of the challenge to make our lives and the lives of others better; and.

"Whereas, the General Assembly desires to perpetuate his memory. Now, therefore,.

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

Effect of Amendment

The 2000 amendment substituted "The third Monday of January of each year" for "January fifteenth of each year, Dr. Martin Luther King's birthday".

SECTION 53-3-85. Juneteenth Celebration of Freedom Day.

The nineteenth day of June of each year is designated as "Juneteenth Celebration of Freedom Day" to commemorate and reflect on the freedom of African Americans and their contributions to this State and nation.

HISTORY: 2008 Act No. 228, Section 2, eff May 14, 2008.

SECTION 53-3-90. Family Week designated.

The last week in August of each year is declared "Family Week in South Carolina." The Department of Parks, Recreation and Tourism shall develop a plan to promote the celebration of Family Week. The plan shall include, but not be limited to, the promotion of local festivals, pageants, field days, picnics, reunions and similar activities which would encourage participation by families as a unit.

HISTORY: 1978 Act No. 398 Section 1.

Editor's Note

The preamble to 1978 Act No. 398 provides:

"Whereas, throughout the history of the United States the family unit, along with the church and schools, has been the most important institution in the development of the strength and prosperity of the nation; and.

"Whereas, it seems that the American family's influence on the national scene is lessening because of a deterioration of the cohesiveness of the family induced by many undermining forces on the national society; and.

"Whereas, the waning of the influence of the American family has resulted in the weakening of the moral and spiritual fiber of the American people, bringing about an increase in crime, including child abuse, alcohol abuse and drug abuse and other crippling problems, to the extent that even the economy of the nation has suffered; and.

"Whereas, the General Assembly believes strongly in the importance of the family and recognizes it as a vital structure for the rebuilding of a strong and wholesome society. Now, therefore,.

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

SECTION 53-3-100. Family Week: creation of committee to choose "South Carolina Family of the Year."

A committee is created to choose and honor the "South Carolina Family of the Year" which must be recognized by the presentation of an appropriate award by the Governor on Saturday of "Family Week in South Carolina". The committee is composed of one member appointed by the Governor and one member appointed by the head of each of the following state agencies: the Department of Parks, Recreation and Tourism, the Department of Youth Services, the South Carolina Commission on Aging, the Department of Social Services, the Commission on Alcohol and Drug Abuse, and the Department of Agriculture Clemson College Extension Service. The terms of the members are for four years and until their successors are appointed and qualify. The committee shall meet as soon after the appointment of its members as practicable and organize by electing one of its members as chairman, one as secretary, and such other officers that it may determine. The expenses of the committee must be paid by the Department of Parks, Recreation and Tourism from funds appropriated for this purpose.

HISTORY: 1978 Act No. 398 Section 2; 1988 Act No. 600.

SECTION 53-3-105. Fibromyalgia Awareness Day.

The twelfth day of May of each year is designated as "Fibromyalgia Awareness Day" in South Carolina to educate employers, physicians, and citizens of South Carolina of the debilitating effects of fibromyalgia.

HISTORY: 2008 Act No. 196, Section 2, eff April 15, 2008.

SECTION 53-3-110. Garden Week designated.

The week beginning the first Sunday of June each year is designated "Garden Week".

HISTORY: 1982 Act No. 364.

Editor's Note

The preamble to 1982 Act No. 364, effective May 6, 1982, provides as follows:

"Whereas, the gardeners of this State produce a variety of foods for their own use as well as for their neighbors; and.

"Whereas, gardens also yield flowers of great diversity and breathtaking beauty; and.

"Whereas, gardening is a pleasant and productive full- or part-time activity for a large number of citizens; and.

Whereas, gardeners help to preserve and foster the traditional American spirit of independence and individual initiative; and "Whereas, gardening instills in all Americans a great appreciation for nature and the beauty of this country, an appreciation which fosters respect and care for the environment. Now, therefore,.

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

SECTION 53-3-115. Golden-September Childhood Cancer Awareness Month.

The month of September of every year is declared "Golden-September Childhood Cancer Awareness Month" in South Carolina to honor and give courage to all those children in our State who are fighting this terrible disease.

HISTORY: 2013 Act No. 25, Section 2, eff May 3, 2013.

Editor's Note

2013 Act No. 25, Section 1, provides as follows:

"SECTION 1. The General Assembly finds that:

"(1) cancer is a disease that affects Americans of every sex, gender, race, and ethnicity;

"(2) it is a particularly horrible disease when it strikes children; and

"(3) to declare the month of September of each year as 'Childhood Cancer Awareness Month' in South Carolina and to designate it as 'Golden-September' would honor and give courage to all those children in our State who are fighting this terrible disease."

SECTION 53-3-120. Purple Heart Day.

The seventh day of August of each year is designated as Purple Heart Day in South Carolina to honor the decoration itself and those men and women who have received it.

HISTORY: 2000 Act No. 342, Section 1, eff June 6, 2000; 2013 Act No. 21, Section 1, eff May 3, 2013.

Effect of Amendment

The 2013 amendment substituted "seventh day of August of" for "third Saturday in February".

SECTION 53-3-125. Aynor Harvest Hoe-Down Festival Weekend.

The third Saturday in September of each year is designated "Aynor Harvest Hoe-Down Festival Weekend" in South Carolina in recognition of the cultural significance of this tradition in Horry County.

HISTORY: 2014 Act No. 182 (H.4993), Section 1, eff May 16, 2014.

SECTION 53-3-130. Golf week designated.

The last week in April in each year is designated as "Golf Week" in South Carolina. The Governor shall issue appropriate proclamations to commemorate "Golf Week" which must be observed throughout South Carolina with appropriate ceremonies and events to recognize the:

(1) economic impact of the golf industry in South Carolina;

(2) importance of the state's junior golfers;

(3) importance of turfgrass research.

HISTORY: 1995 Act No. 29, Section 1, eff April 10, 1995.

Editor's Note

The preamble of 1995 Act No 29 provides as follows:

"Whereas, a University of South Carolina and South Carolina Department of Parks, Recreation and Tourism study shows golf generating more than six hundred forty-four million dollars annually for the state's economy, putting it on a par with the state's larger industries; and

"Whereas, given that the National Golf Foundation ranks South Carolina just behind Florida as the nation's most popular golfing spot for tourists, this staggering amount of revenue isn't surprising; and

"Whereas, the study, which is the state's first economic impact study of South Carolina's golf industry, finds that the golf course operations generate employment for more than fourteen thousand full-time workers; and.

"Whereas, the study showed:

"(1) Out-of-state and international tourists, mostly from Canada and Germany, account for thirty-eight percent of South Carolina golfers

"(2) Sixty-three cents of every dollar spent by South Carolina's golf industry is respent in the state's economy

"(3) More than four hundred sixteen industries, including golf courses, utility companies, liability insurance companies, chemical/fertilizer manufacturers, and golf vehicle dealers, benefit directly from the state's golf industry

"(4) More than sixteen million, seven hundred thousand dollars in sales, excise, and admission taxes are generated annually by golf-related industries. Additional benefits include the creation of jobs and property tax revenue; and

"Whereas, the members of the General Assembly recognize the importance of raising funds for research to promote environmentally sound turfgrass management. The continued success of the golf industry is dependent on research-based answers to the environmental concerns of the public; and

"Whereas, Golf Week in South Carolina will allow the South Carolina Junior Golf Association and the South Carolina Chapter of the Professional Golfers of America to seek support to increase the education and advancement of junior golf throughout the State and will allow the South Carolina Turfgrass Foundation to pursue research and education relating to environmentally sensitive turfgrass management. Now, therefore,".

SECTION 53-3-140. "Carolina Day" declared.

June twenty-eighth of each year, the anniversary of the Battle of Fort Sullivan in 1776, is declared to be "Carolina Day" in South Carolina.

HISTORY: 1996 Act No. 280, Section 1, eff May 6, 1996.

SECTION 53-3-150. Patriotism Week.

(A) The week which includes the eleventh day of November in each year is designated as "Patriotism Week" in South Carolina. The Governor shall issue appropriate proclamations to commemorate "Patriotism Week" which must be observed throughout South Carolina with appropriate ceremonies and events to:

(1) recognize the important contributions made by our military veterans to American society;

(2) honor the supreme sacrifices made by our veterans in defending the freedoms and protections afforded by the United States Constitution; and

(3) memorialize those men and women who lost their lives in military service.

(B) The State Superintendent of Education shall encourage school districts to:

(1) observe "Patriotism Week" by holding appropriate ceremonies, events, and assemblies on school grounds; and

(2) develop appropriate curricula that focus on the purposes of "Patriotism Week".

(C) Commissioners and directors of state agencies and governing bodies of political subdivisions shall encourage participation by public employees in ceremonies and events during "Patriotism Week".

HISTORY: 2001 Act No. 4, Section 6, eff November 30, 2000.

SECTION 53-3-160. September eleventh.

The eleventh day of September of each year is designated as a State Day of Remembrance for the victims of the tragic events of September 11, 2001, and for the firefighters, law enforcement, National Guard, emergency service personnel, and 911 telecommunicators who risk their lives and contribute every day to ensure the safety of South Carolina's citizens.

HISTORY: 2002 Act No. 268, Section 1, eff May 20, 2002.

SECTION 53-3-165. POW/MIA Recognition Day.

(A) The third Friday in September of each year is declared to be "POW/MIA Recognition Day" in South Carolina. The Governor shall issue a proclamation each year calling upon the people of South Carolina to observe "POW/MIA Recognition Day" with appropriate ceremonies and activities.

(B) Flags atop state and local public buildings must be flown at half-staff at least until noon on "POW/MIA Recognition Day".

(C) The POW/MIA flag shall be flown or displayed on "POW/MIA Recognition Day" in South Carolina on the grounds or in public lobbies if the flags are provided, except for the State Capitol Building and the State House grounds.

(D) As used in this section, the term "POW/MIA flag" means the National League of Families POW/MIA flag recognized officially and designated by Section 2 of Public Law 101-355.

HISTORY: 2004 Act No. 192, Section 2, eff March 26, 2004.

SECTION 53-3-166. Bill of Rights Day.

(A) December fifteenth of each year, the anniversary of the ratification of the Bill of Rights of the United States Constitution, is declared to be "Bill of Rights Day" in South Carolina.

(B) All governmental bodies in the State are encouraged to observe the annual Bill of Rights Day in a manner that brings to mind the meaning and importance of each of its ten provisions.

HISTORY: 2006 Act No. 295, Section 1, eff May 31, 2006.

SECTION 53-3-170. South Carolina State Guard Week.

The first week of June of each year is designated as South Carolina State Guard Week."

HISTORY: 2004 Act No. 240, Section 1, eff May 24, 2004.

Code Commissioner's Note

This section was redesignated from Section 15-9-165 as Section 15-9-170 at the direction of the Code Commissioner to avoid conflict with the new section added by Act 192 of 2004.

SECTION 53-3-185. Vietnam Veterans Survivors' and Remembrance Day.

The first Friday in May of each year is declared to be "Vietnam Veterans Survivors' and Remembrance Day" in South Carolina.

HISTORY: 2006 Act No. 268, Section 2, eff May 2, 2006.

SECTION 53-3-195. Veterans' Spouses and Families Day.

In gratitude and acknowledgment of the many and varied contributions of the spouses and families of this country's veterans and their sacrifices for the benefit of the freedom we so richly enjoy, the Friday after Thanksgiving Day each year is designated as "A Day of Recognition for Veterans' Spouses and Families" in South Carolina.

HISTORY: 2014 Act No. 204 (H.4527), Section 1, eff June 2, 2014.

SECTION 53-3-200. Italian American Heritage Month.

The month of October of every year is designated "Italian American Heritage Month" in South Carolina in order to recognize Italian Americans for their many contributions to our State and nation.

HISTORY: 2015 Act No. 6 (S.411), Section 1, eff March 27, 2015.




Legislative Services Agency
h t t p : / / w w w . s c s t a t e h o u s e . g o v