S 165 Session 111 (1995-1996)
S 0165 General Bill, By Hayes, Giese and Wilson
Similar(H 3201)
A BILL TO AMEND SECTION 44-95-20, AS AMENDED, 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; 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.
10/17/94 Senate Prefiled
10/17/94 Senate Referred to Committee on Medical Affairs
01/10/95 Senate Introduced and read first time SJ-59
01/10/95 Senate Referred to Committee on Medical Affairs SJ-59
A BILL
TO AMEND SECTION 44-95-20, AS AMENDED, 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; 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 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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