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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 3 (Doc. Path council\nbd\11701ac05)
April 14, 2005
H. 3647
S. Printed 4/12/05--H.
Read the first time February 24, 2005.
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.
Amend Title To Conform
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. Section 41-1-70 of the 1976 Code, as added by Act 320 of 1986, is amended to read:
"Section 41-1-70. Any employer who dismisses or demotes an employee because the employee complies with a valid subpoena to testify in a court proceeding or administrative proceeding or to serve on a jury of any court, or violates the provisions of Chapter 1, Title 53, is subject to a civil action in the circuit court for damages caused by the dismissal or demotion.
Damages for dismissal are limited to no more than one year's salary or fifty-two weeks of wages based on a forty-hour week in the amount the employee was receiving at the time of receipt of the subpoena.
Damages for demotion are limited to the difference for one year between the salary or wages based on a forty-hour week which the employee received before the demotion and the amount he receives after the demotion."
SECTION 5. This act takes effect upon approval by the Governor.
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