Current Status Bill Number:
47Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: JacksonAll Sponsors: Jackson, WilsonDrafted Document Number: RES9420.DJResiding Body: SenateCurrent Committee: Medical Affairs Committee 13 SMASubject: 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 SMAView additional legislative information at the LPITS web site.
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;
(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.