S 47 Session 111 (1995-1996)
S 0047 General Bill, By Leatherman, Giese, Jackson, Leventis and Wilson
A Bill to amend Section 44-95-20 of the Code of Laws of South Carolina, 1976,
relating to places where smoking is prohibited, so as to prohibit smoking in
the public areas of the State House.
09/19/94 Senate Prefiled
09/19/94 Senate Referred to Committee on Medical Affairs
01/10/95 Senate Introduced and read first time SJ-24
01/10/95 Senate Referred to Committee on Medical Affairs SJ-24
A BILL
TO AMEND SECTION 44-95-20 OF THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE
SMOKING IS PROHIBITED, SO AS TO PROHIBIT SMOKING
IN THE PUBLIC AREAS OF THE STATE HOUSE.
Whereas, statistics published by the National Cancer Institute
indicate that cigarette smoking and tobacco chewing are responsible
for as many as 1,500 deaths per day in the United States; and
Whereas, recent studies by the Environmental Protection Agency
indicate that the prolonged exposure to second-hand smoke
significantly increases the probability of developing heart and lung
disease among non-smokers; and
Whereas, the Commissioner of the Food and Drug Administration
has announced an intent to regulate cigarettes as drugs and
congressional hearings have been held as to whether the
commissioner has such authority; and
Whereas, as a result of these factors a number of federal
government agencies and private businesses have recently acted to
curtail this problem; and
Whereas, the Department of Defense announced on March 7, 1994,
that it would ban smoking in all of its workplaces worldwide
effective April 8, 1994; and
Whereas, the U.S. Department of Labor announced on March 25,
1994, that it will propose a rule that would ban smoking in all of
the nation's workplaces; and
Whereas, such nationally prominent restaurants as McDonald's,
Taco Bell, and Jack in the Box have recently announced smoking
bans for all employees and customers in their establishments; and
Whereas, certain state and local governments have enacted statutes
and ordinances banning or restricting smoking in governmental
buildings; and
Whereas, the General Assembly of South Carolina enacted the
Clean Indoor Air Act of 1990 to regulate public smoking in this
State; and
Whereas, the offices of government having control over respective
areas of the State House were authorized to set their own smoking
policies under the Clean Indoor Air Act of 1990; and
Whereas, the State House is the site of much public activity
including tours by school children and various social and civic
groups; and
Whereas, smoking should be prohibited absolutely in the public
areas of the State House. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 44-95-20 of the 1976 Code is amended to
read:
"Section 44-95-20. 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, except in enclosed
private offices and teacher lounges;
(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 this chapter shall prohibit or preclude a
health care facility from being smoke free;
(4) government buildings (except health care facilities as
provided for herein), including public areas of the State
House, 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
non-public areas of the State House 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,
including public areas of the State House, except those
buildings or portions thereof 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. This act takes effect upon approval of the Governor.
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