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3921Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990414Primary Sponsor: HowardAll Sponsors: Howard, Rodgers, Govan, Bales, Breeland, Clyburn, Dantzler, Gourdine, Inabinett, Knotts, Lloyd, Mack, Martin, Moody-Lawrence and R. SmithDrafted Document Number: l:\council\bills\kgh\15551htc99.docResiding Body: HouseCurrent Committee: Agriculture, Natural Resources and Environmental Affairs Com 20 HANRSubject: Smoking prohibited in State House, Blatt and Gressette buildings; Agriculture, Tobacco, Property, State-ownedHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990414 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill
TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROHIBIT SMOKING IN THE STATE HOUSE AND THE BLATT AND GRESSETTE LEGISLATIVE OFFICE BUILDINGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-95-20 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:
"Section 44-95-20. (A) It is unlawful for a 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 in this chapter:
(1) public schools and preschools where routine or regular kindergarten, elementary, or secondary educational classes are held including libraries. Private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board. This section does not prohibit school district boards of trustees from providing for a smoke-free campus;
(2) all other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other child day care facilities, as defined in Section 20-7-2700, which are licensed pursuant to Subarticle 11, Article 13, Chapter 7, of Title 20;
(3) health care facilities as defined in Section 44-7-130, except where smoking areas are designated in employee break areas. However, nothing in this chapter prohibits or precludes a health care facility from being smoke free;
(4) government buildings, except health care facilities as provided for in this section, except that smoking may be allowed in enclosed private offices and designated areas of employee break areas.
However, smoking policies in the State Capitol and legislative office buildings must be determined by the office of government having control over its respective area of the buildings. Except for the State House and the Blatt and Gressette legislative office buildings in the Capitol Complex, 'government buildings' means buildings or portions of buildings which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions of buildings which are leased to other organizations or corporations;
(6) public transportation vehicles, except for taxicabs; and
(7) arenas and auditoriums of public theaters or public performing art centers. However, smoking areas may be designated in foyers, lobbies, or other common areas, and smoking is permitted as part of a legitimate theatrical performance.
(B) It is unlawful for a person to smoke or possess lighted smoking material in any form in the State House, the Blatt House office building, and the Gressette Senate office building."
SECTION 2. This act takes effect upon approval by the Governor.
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