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S. 209
STATUS INFORMATION
General Bill
Sponsors: Senator Elliott
Document Path: l:\council\bills\nbd\11070ac07.doc
Companion/Similar bill(s): 271, 3119
Introduced in the Senate on January 9, 2007
Currently residing in the Senate Committee on Medical Affairs
Summary: Smoking
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 Senate Prefiled
12/13/2006 Senate Referred to Committee on Medical Affairs
1/9/2007 Senate Introduced and read first time SJ-122
1/9/2007 Senate Referred to Committee on Medical Affairs SJ-122
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-15 SO AS TO ADD AND DEFINE TERMS USED IN THE "CLEAN INDOOR AIR ACT OF 1990"; TO AMEND SECTION 44-95-20, RELATING TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO EXTEND THIS PROHIBITION TO RETAIL STORES AND BUSINESSES, RESTAURANTS, BARS, LOUNGE AREAS, AND RECREATIONAL FACILITIES; TO ADD SECTION 44-94-25 SO AS TO SPECIFY THAT SMOKING IS NOT PROHIBITED IN PRIVATE HOMES AND HOTEL ROOMS DESIGNATED AS SMOKING ROOMS, OUTDOOR AREAS, INCLUDING OUTDOOR AREAS OF RETAIL STORES AND BUSINESSES WHERE SMOKING IS NOT PERMITTED INDOORS, TOBACCO STORES, CIGAR BARS, AND PRIVATE CLUBS; AND TO ADD SECTION 44-95-80 SO AS TO PROVIDE THAT THE CLEAN INDOOR AIR ACT MUST NOT BE CONSTRUED TO PERMIT SMOKING WHERE IT IS OTHERWISE PROHIBITED BY AN OWNER OF ANY ESTABLISHMENT OR BY REGULATION OF A STATE OR LOCAL AGENCY, INCLUDING A LOCAL ORDINANCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-15. As used in this chapter:
(1) 'Bar' and 'lounge area' mean an establishment open and accessible to the public that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages.
(2) 'Government buildings' means buildings or portions of buildings that are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions of buildings that are leased to other organizations or corporations.
(3) 'Recreational facility' means an enclosed, indoor area open to the general public for any recreational purpose including, but not limited to, an indoor area used as a bowling alley, dance hall, gaming facility, poolroom, skating rink, video game facility, senior citizen recreational facility, stadium, or arena.
(4) 'Restaurant' means any eating establishment open and accessible to the public including, but not limited to, fast food enterprises, coffee shops, cafeterias, and other similar entities licensed by the Department of Health and Environmental Control, including a bar or lounge area within a restaurant.
(5) 'Smoke' or 'smoking' means the inhaling, exhaling, burning, carrying, or holding a lighted cigar, cigarette, pipe, or a tobacco or other product in any manner or form.
(6) 'Theater' means an indoor facility or auditorium open to the public that is primarily used or designed for the purpose of exhibiting a motion picture, stage production, musical recital or concert, dance performance, lecture, or another similar performance.
(7) 'Tobacco Store' means a retail store or business open to the public which primarily sells tobacco products and accessories and in which the sale of other products is merely incidental."
SECTION 2. Section 44-95-20 of the 1976 Code is amended to read:
"Section 44-95-20. 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. Smoking is permitted in private offices and teacher lounges which that are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically unless specifically prohibited in a directive by the local school board. This section item does not prohibit school district boards of trustees 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 childcare facilities, as defined in Section 20-7-2700, which that 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. '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;
(5) elevators;
(6) public transportation vehicles, except for taxicabs; and
(7) arenas and auditoriums of public theaters or public performing art centers. and recreational facilities; however, smoking areas may be designated in foyers, lobbies, or other common areas, and smoking is permitted as part of a legitimate theatrical performance;
(8) restaurants, bars, and lounge areas; and
(9) retail stores and businesses open to the public for commercial purposes, except tobacco stores."
SECTION 3. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-25. (A) Except as prohibited pursuant to Section 44-95-20, smoking is permitted in all other public indoor and outdoor areas and it is specifically permitted in:
(1) private homes and home-based businesses, unless a private home or home-based business is used in conjunction with a childcare facility, as defined in Section 20-7-2700, or a health care facility, as defined in Section 44-7-130;
(2) outdoor areas of childcare facilities, health care facilities, government buildings, restaurants, bars, lounges, and retail stores and businesses;
(3) a hotel or motel room clearly designated as a 'smoking' room as long as smoking rooms in that hotel or motel do not exceed twenty-five percent of the total number of rooms that the hotel or motel offers as accommodations to the public;
(4) cigar bars; and
(5) private clubs.
(B) This chapter does not prevent and must not be construed to limit the right of an owner, operator, or manager of an establishment in which smoking is permitted under this chapter from prohibiting smoking in the establishment or in a private office or work area in the establishment."
SECTION 4. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-80. This chapter must not be construed to permit smoking where it is otherwise prohibited by a rule or regulation of a state or local agency or another applicable law, including an ordinance adopted by a local governing body."
SECTION 5. This act takes effect upon approval by the Governor.
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