S*138 Session 108 (1989-1990)
S*0138(Rat #0600, Act #0503 of 1990) General Bill, By Wilson, Bryan, Giese and
Thomas
A Bill to enact the Clean Indoor Air Act of 1990 and to provide penalties for
violations.-amended title
01/12/89 Senate Introduced and read first time SJ-72
01/12/89 Senate Referred to Committee on Medical Affairs SJ-72
04/03/90 Senate Committee report: Favorable with amendment
Medical Affairs SJ-18
04/11/90 Senate Amended SJ-36
04/11/90 Senate Read second time SJ-38
04/11/90 Senate Ordered to third reading with notice of
amendments SJ-38
04/12/90 Senate Read third time and sent to House SJ-188
04/17/90 House Introduced and read first time HJ-6
04/17/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-6
04/19/90 House Recalled from Committee on Medical, Military,
Public and Municipal Affairs HJ-23
05/02/90 House Read second time HJ-19
05/03/90 House Read third time and enrolled HJ-13
05/24/90 Ratified R 600
05/30/90 Signed By Governor
05/30/90 Effective date 08/01/90
05/30/90 Act No. 503
05/30/90 See act for exception to or explanation of
effective date
06/19/90 Copies available
(A503, R600, S138)
AN ACT TO ENACT THE CLEAN INDOOR AIR ACT OF 1990 AND TO PROVIDE
PENALTIES FOR VIOLATIONS.
Whereas, it is desirable to accommodate the needs of nonsmokers to be
free from exposure to tobacco smoke while in public indoor places; and
Whereas, the Clean Indoor Air Act is an appropriate action to achieve
this important objective. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Citation
SECTION 1. This act may be cited as the Clean Indoor Air Act of
1990.
Areas where smoking prohibited, exceptions
SECTION 2. 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 and day care centers,
except in enclosed private offices and teacher lounges.
(2) Health care facilities as defined in Section 44-7-130 of the
Code of Laws of South Carolina, 1976, except where smoking areas are
designated in employee break areas. No section of this act shall
prohibit or preclude a health care facility from being smoke free.
(3) Government buildings (except health care facilities as
provided for herein), 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 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, except those buildings or portions thereof
which are leased to other organizations or corporations.
(4) Elevators.
(5) Public transportation vehicles, except for taxicabs.
(6) 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.
Designation signs
SECTION 3. In areas where smoking is permitted in Section 2 of this
act, the owner, manager, or agent in charge of the premises or vehicle
referenced in Section 2 shall conspicuously display signs designating
smoking and nonsmoking areas alike, except that signs are not required
in private offices.
Reasonable effort required
SECTION 4. In complying with Section 3, the owner, manager, or agent
in charge of the premises shall make every reasonable effort to
prevent designated smoking areas from impinging upon designated
smoke-free areas by the use of existing physical barriers and
ventilation systems.
Penalty
SECTION 5. A person who violates Section 2, 3, or 4 of this act
is guilty of a misdemeanor and, upon conviction, must be fined not
less than ten dollars nor more than twenty-five dollars.
Testing not required
SECTION 6. No person in this State is authorized to require any other
person to submit to any form of testing to determine whether or not
the person has nicotine or other tobacco residue in his body.
Time effective
SECTION 7. This act takes effect on the first day of the third
month following approval by the Governor.
Approved the 30th day of May, 1990.
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