2005-2006 Bill 3647: Sunday Blue Laws - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

H. 3647

STATUS INFORMATION

General Bill

Sponsors: Reps. E.H.Pitts, Hinson, Young, Rutherford and Kirsh

Document Path: l:\council\bills\bbm\10685mm05.doc

Companion/Similar bill(s): 3530

Introduced in the House on February 24, 2005

Introduced in the Senate on April 27, 2005

Last Amended on April 19, 2005

Currently residing in the Senate

Summary: Sunday blue laws

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

2/24/2005HouseIntroduced and read first time HJ14

2/24/2005HouseReferred to Committee on JudiciaryHJ14

4/5/2005HouseMember(s) request name added as sponsor: McLeod

4/12/2005HouseCommittee report: Favorable with amendment JudiciaryHJ5

4/13/2005HouseMember(s) request name added as sponsor: Young, Rutherford

4/14/2005HouseAmended HJ21

4/14/2005HouseRequests for debateRep(s).Pinson, Rice, Bingham, Hayes, Hosey, White Herbkersman, Whitmire, Walker, Witherspoon, Scott, JE Smith, Emory, Neilson, Ott, Parks, Coates, Duncan, Rhoad, Anthony, Davenport, McGee, and Barfield HJ24

4/19/2005HouseMember(s) request name added as sponsor: Kirsh

4/19/2005HouseMember(s) request name removed as sponsor: McLeod

4/19/2005HouseAmended HJ113

4/19/2005HouseRead second time HJ115

4/19/2005HouseRoll call Yeas56 Nays44 HJ115

4/20/2005HouseMotion noted reconsider the vote whereby Bill received second reading HJ33

4/26/2005HouseMotion to reconsider second reading tabled HJ70

4/26/2005HouseRead third time and sent to Senate HJ71

4/26/2005HouseRoll call Yeas63 Nays47 HJ71

4/27/2005SenateIntroduced and read first time SJ12

4/27/2005SenateReferred to Committee on JudiciarySJ12

5/9/2005SenateReferred to Subcommittee: Martin (ch), Malloy, Campsen, Williams

5/18/2005SenateCommittee report: Favorable with amendment JudiciarySJ21

VERSIONS OF THIS BILL

2/24/2005

4/12/2005

4/14/2005

4/19/2005

5/18/2005

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 18, 2005

H.3647

Introduced by Reps. E.H.Pitts, Hinson, Young, Rutherford and Kirsh

S. Printed 5/18/05--S.

Read the first time April 27, 2005.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H.3647) to amend Section 5315, as amended, Code of Laws of South Carolina, 1976, relating to the right of an employee of a business to refuse, etc., respectfully

REPORT:

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 SECTION 1 in its entirety and inserting therein the following:

/SECTION1.Section 5315 of the 1976 Code, as last amended by Act 134 of 1995, is further amended to read:

“Section 5315.(A)The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. AnyAn employee of anya business whichthat operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 531100. Anyuntil 1:30 p.m. on Sunday if he is conscientiously opposed to Sunday work. An employer who dismisses or demotes an employee because hethe 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 tobefore dismissal or demotion without forfeiture of compensation, rank, or grade, or seniority.

(B)NoA 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 mayandtherebe discrimination against personsa 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.”

Amend the bill further, as and if amended, by striking SECTIONS 4 and 5 in their entirety and inserting therein the following:

/SECTION4.This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

LARRY A. MARTIN for Committee.

[3647-1]

A BILL

TO AMEND SECTION 5315, 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 5316 THROUGH 531160, 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:

SECTION1.Section 5315 of the 1976 Code, as amended by Act 134 of 1995, is further amended to read:

“Section 5315.(A)The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. AnyAn employee of anya business whichthat operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 531100. Anyuntil 1:30 p.m. on Sunday if he is conscientiously opposed to Sunday workemployer 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.

SECTION2.Sections 5316 through Section 531160 of the 1976 Code are repealed.

SECTION3.The repeal of Sections 5316 through 531160 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.

SECTION4.Section 41170 of the 1976 Code, as added by Act 320 of 1986, is amended to read:

“Section 41170.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 fiftytwo weeks of wages based on a fortyhour 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 fortyhour week which the employee received before the demotion and the amount he receives after the demotion.”

SECTION5.This act takes effect upon approval by the Governor.

[3647]1