H 3113 General Bill, By C.L. Sturkie, R.S. Corning, M.F. Jaskwhich, 
J.S. Shissias, C.C. Wells and D.A. Wright
 A Bill to amend Act 503 of 1990, The Clean Indoor Air Act, so as to prohibit
 smoking in the indoor public areas of all food service establishments, to
 define "food service establishment"; 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.

   01/13/93  House  Introduced and read first time HJ-37
   01/13/93  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-37

A BILL

TO AMEND ACT 503 OF 1990, THE CLEAN INDOOR AIR ACT, SO AS TO PROHIBIT SMOKING IN THE INDOOR PUBLIC AREAS OF ALL FOOD SERVICE ESTABLISHMENTS, TO DEFINE "FOOD SERVICE ESTABLISHMENT"; 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.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 2 of Act 503 of 1990 is designated Section 44-95-20 of the 1976 Code and amended to read:

"Section 44-95-20(A) 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 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 chapter shall prohibit prohibits or preclude precludes a health care facility from being smoke free.;

(3) government buildings, (except health care facilities as provided for herein in this chapter), except that smoking shall be is 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 must be determined by the office of government having control over that 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.;

(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.;

(B) It is unlawful for a person to smoke or possess lighted smoking material in any form in the public indoor area of a food service establishment. For purposes of this subsection, a `food service establishment' is an entity which sells prepared meals which may be consumed on the premises."

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 on the first day of the third month following approval by the Governor.