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COMMITTEE REPORT
April 12, 2005
H. 3647
S. Printed 4/12/05--H.
Read the first time February 24, 2005.
To whom was referred a Bill (H. 3647) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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. (A) The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. Any An employee of any a business which that operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any on Sunday if he is conscientiously opposed to Sunday work. An employer who dismisses or demotes an employee because he the employee 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 before dismissal or demotion without forfeiture of compensation, rank, or grade, or seniority.
(B) No A proprietor of a retail establishment who is opposed to working on Sunday may not be forced by his lessor or franchisor to open his establishment on Sunday nor may and there be discrimination against persons a person whose regular day of worship is Saturday is prohibited.
(C) This section does not apply to employees, including support, maintenance, repair, and other service personnel, of a manufacturing establishment or a research and development operation that by its nature or for economic reasons involves processes requiring continuous and uninterrupted operation. For purposes of this subsection, 'the manufacturing of bakery products' is a chemical manufacturing process requiring continuous, uninterrupted operation."
SECTION 2. Section 1-13-80(A) of the 1976 Code is amended to read:
"(A) It is an unlawful employment practice for an employer:
(1) to fail or refuse to hire, bar, discharge from employment or otherwise discriminate against an individual with respect to the individual's compensation or terms, conditions, or privileges of employment because of the individual's race, religion, color, sex, age, national origin, or disability;
(2) to limit, segregate, or classify employees or applicants for employment in a way which would deprive or tend to deprive an individual of employment opportunities, or otherwise adversely affect the individual's status as an employee, because of the individual's race, color, religion, sex, age, national origin, or disability;
(3) to reduce the wage rate of an employee in order to comply with the provisions of this chapter relating to age;
(4) to violate the provisions of Chapter 1 of Title 53."
SECTION 3. Sections 53-1-6 through Section 53-1-160 of the 1976 Code are repealed.
SECTION 4. The repeal of Sections 53-1-6 through 53-1-160 of Chapter 1, 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, prohibiting or otherwise regulating the sale of alcoholic liquors, beer, or wine on Sunday.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
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, SO AS TO FURTHER PROVIDE FOR PROTECTION OF THIS RIGHT TO REFUSE TO WORK ON SUNDAY BY REASON OF CONSCIENTIOUS OBJECTION TO SUNDAY WORK AND TO EXCLUDE A MANUFACTURING OR RESEARCH AND DEVELOPMENT OPERATION REQUIRING CONTINUOUS UNINTERRUPTED OPERATION; TO REPEAL THE REMAINING SECTIONS OF CHAPTER 1 OF TITLE 53, SECTIONS 53-1-6 THROUGH 53-1-160, POPULARLY KNOWN AS THE "SUNDAY BLUE LAWS", 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; AND TO PROVIDE THAT THIS ACT DOES NOT AFFECT PROVISIONS OF LAW PROHIBITING OR OTHERWISE REGULATING THE SALE OF ALCOHOLIC LIQUORS, BEER, OR WINE 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. (A) The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. Any An employee of any a business which that operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any on Sunday if he is conscientiously opposed to Sunday work. An employer who dismisses or demotes an employee because he the employee 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 before dismissal or demotion without forfeiture of compensation, rank, or grade, or seniority.
(B) No A proprietor of a retail establishment who is opposed to working on Sunday may not be forced by his lessor or franchisor to open his establishment on Sunday nor may and there be discrimination against persons a person whose regular day of worship is Saturday is prohibited.
(C) This section does not apply to employees, including support, maintenance, repair, and other service personnel, of a manufacturing establishment or a research and development operation that by its nature or for economic reasons involves processes requiring continuous and uninterrupted operation. For purposes of this subsection, 'the manufacturing of bakery products' is a chemical manufacturing process requiring continuous, uninterrupted operation."
SECTION 2. Sections 53-1-6 through Section 53-1-160 of the 1976 Code are repealed.
SECTION 3. The repeal of Sections 53-1-6 through 53-1-160 of Chapter 1, 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, prohibiting or otherwise regulating 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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