S 1001 Session 110 (1993-1994)
S 1001 General Bill, By Hayes and Giese
Similar(H 4557)
A Bill to amend Section 44-95-20, Code of Laws of South Carolina, 1976,
relating to places where smoking is prohibited under the Clean Indoor Air Act
of 1990, so as to provide that local school district boards are not prohibited
from making school district facilities smoke free; to provide an exception for
governmental entities that had a nonsmoking policy in effect in governmental
buildings before August 1, 1990; and to designate the provisions of the Clean
Indoor Air Act as Chapter 95, Title 44 of the Code of Laws of South Carolina,
1976.
01/11/94 Senate Introduced and read first time SJ-63
01/11/94 Senate Referred to Committee on Medical Affairs SJ-63
04/07/94 Senate Committee report: Favorable with amendment
Medical Affairs SJ-14
04/12/94 Senate Amended SJ-28
04/12/94 Senate Read second time SJ-29
04/13/94 Senate Read third time and sent to House SJ-26
04/14/94 House Introduced and read first time HJ-21
04/14/94 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-21
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 12, 1994
S. 1001
Introduced by SENATORS Hayes and Giese
S. Printed 4/12/94--S.
Read the first time January 11, 1994.
A BILL
TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PLACES WHERE SMOKING IS
PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS
TO PROVIDE THAT LOCAL SCHOOL DISTRICT BOARDS ARE NOT
PROHIBITED FROM MAKING SCHOOL DISTRICT FACILITIES
SMOKE FREE; TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL
ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT IN
GOVERNMENTAL BUILDINGS BEFORE AUGUST 1, 1990; AND TO
DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS
CHAPTER 95, TITLE 44 OF THE CODE OF LAWS OF SOUTH
CAROLINA, 1976.
Amend Title To Conform
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
289 of 1994, is further amended to read:
"Section 44-95-20. It is unlawful for any 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 herein in this chapter:
(1) public schools, including preschools, except in enclosed private
offices and teacher lounges; however, nothing in this chapter prohibits
or precludes a local school board from making any school district facility
smoke free;
(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; however, nothing in this
chapter shall prohibit prohibits or preclude
precludes a health care facility from being smoke free;
(4) government buildings, (except health care
facilities and public schools as provided for herein) in
this section, except that smoking shall be is allowed
in enclosed private offices and designated areas of employee break areas;
provided that however, smoking policies in the State
Capitol and Legislative Office Buildings shall must be
determined by the office of government having control over that
its respective area of the buildings. `Government buildings'
shall mean means buildings or portions thereof
of buildings which are leased or operated under the control of the
State or any of its political subdivisions, except those buildings or portions
thereof 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 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. Act 503 of 1990, the Clean Indoor Air Act of 1990, is
designated Chapter 95 of Title 44 of the 1976 Code, entitled the
"Clean Indoor Air Act of 1990", and the various sections of that
act are designated sections of the 1976 Code as follows:
Section 1. Section 44-95-10;
Section 2. Section 44-95-20;
Section 3. Section 44-95-30;
Section 4. Section 44-95-40;
Section 5. Section 44-95-50;
Section 6. Section 44-95-60.
SECTION 3. This act takes effect upon approval by the Governor.
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