H 4557 General Bill, By Simrill

Similar(S 1001)
 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.

   01/19/94  House  Introduced and read first time HJ-27
   01/19/94  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-28

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.

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

SECTION 1. Section 44-95-20 of the 1976 Code, as added by act 503 of 1990, is 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.; however, nothing in this chapter prohibits or precludes a local school board from making any school district facility smoke free;

(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; however, nothing in this chapter shall prohibit prohibits or preclude precludes a health care facility from being smoke free.;

(3) 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.;

(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) A governmental entity that had a nonsmoking policy in effect before August 1, 1990, is exempt from subsection (A)(3) if the provisions of its policy exceed the requirements of subsection (A)(3)."

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.