Bill 47

                    Current Status

Bill Number:                       47
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19950110
Primary Sponsor:                   Jackson 
All Sponsors:                      Jackson, Wilson
Drafted Document Number:           RES9420.DJ
Residing Body:                     Senate
Current Committee:                 Medical Affairs Committee 13
                                   SMA
Subject:                           Smoking prohibited in public
                                   areas of State House

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19950110  Introduced, read first time,             13 SMA
                  referred to Committee
Senate  19940919  Prefiled, referred to Committee          13 SMA

A BILL

TO AMEND SECTION 44-95-20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO PROHIBIT SMOKING IN THE PUBLIC AREAS OF THE STATE HOUSE.

Whereas, statistics published by the National Cancer Institute indicate that cigarette smoking and tobacco chewing are responsible for as many as 1,500 deaths per day in the United States; and

Whereas, recent studies by the Environmental Protection Agency indicate that the prolonged exposure to second-hand smoke significantly increases the probability of developing heart and lung disease among non-smokers; and

Whereas, the Commissioner of the Food and Drug Administration has announced an intent to regulate cigarettes as drugs and congressional hearings have been held as to whether the commissioner has such authority; and

Whereas, as a result of these factors a number of federal government agencies and private businesses have recently acted to curtail this problem; and

Whereas, the Department of Defense announced on March 7, 1994, that it would ban smoking in all of its workplaces worldwide effective April 8, 1994; and

Whereas, the U.S. Department of Labor announced on March 25, 1994, that it will propose a rule that would ban smoking in all of the nation's workplaces; and

Whereas, such nationally prominent restaurants as McDonald's, Taco Bell, and Jack in the Box have recently announced smoking bans for all employees and customers in their establishments; and

Whereas, certain state and local governments have enacted statutes and ordinances banning or restricting smoking in governmental buildings; and

Whereas, the General Assembly of South Carolina enacted the Clean Indoor Air Act of 1990 to regulate public smoking in this State; and

Whereas, the offices of government having control over respective areas of the State House were authorized to set their own smoking policies under the Clean Indoor Air Act of 1990; and

Whereas, the State House is the site of much public activity including tours by school children and various social and civic groups; and

Whereas, smoking should be prohibited absolutely in the public areas of the State House. Now, therefore,

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

SECTION 1. Section 44-95-20 of the 1976 Code is amended to read:

"Section 44-95-20. It is unlawful for any person to smoke, or possess lighted smoking material in any form, in the following public indoor areas except where a smoking area is designated as provided for herein:

(1) public schools, including preschools, except in enclosed private offices and teacher lounges;

(2) child day care facilities, as defined in Section 20-7-2700, which are licensed pursuant to Subarticle 11, Article 13, Chapter 7, Title 20;

(3) health care facilities as defined in Section 44-7-130 of the 1976 Code, except where smoking areas are designated in employee break areas. No section of this chapter shall prohibit or preclude a health care facility from being smoke free;

(4) government buildings (except health care facilities as provided for herein), including public areas of the State House, except that smoking shall be allowed in enclosed private offices and designated areas of employee break areas; provided that smoking policies in the State Capitol non-public areas of the State House and legislative office buildings shall be determined by the office of government having control over that area of the buildings. `Government buildings' shall mean buildings or portions thereof which are leased or operated under the control of the State or any of its political subdivisions, including public areas of the State House, except those buildings or portions thereof which are leased to other organizations or corporations;

(5) elevators;

(6) public transportation vehicles, except for taxicabs; and

(7) arenas and auditoriums of public theatres or public performing art centers; except that smoking areas may be designated in foyers, lobbies, or other common areas; and smoking is permitted as part of a legitimate theatrical performance."

SECTION 2. This act takes effect upon approval of the Governor.