H*3201(Rat #0506, Act #0445 of 1996)  General Bill, By Simrill

Similar(S 165)
 A Bill to amend Section 44-95-20, as amended, Code of Laws of South Carolina,
 1976, relating to places in which smoking is prohibited under the Clean Indoor
 Air Act of 1990, so as to revise the areas in which a person may smoke in
 public schools and provide that local school boards may make school district
 facilities smoke free; by adding Sections 16-17-501, 16-17-502, 16-17-503, and
 16-17-504 so as to provide definitions relating to the distribution of tobacco
 products, to make it unlawful to distribute a tobacco sample to a minor, to
 provide a procedure to enforce the provision making it illegal to distribute a
 tobacco product sample to a minor, to amend Section 16-17-500, relating to
 supplying minors with tobacco or cigarettes, so as to revise the
 penalties.-amended title

   01/10/95  House  Introduced and read first time HJ-78
   01/10/95  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-78
   04/19/95  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-9
   04/26/95  House  Amended HJ-54
   04/26/95  House  Objection by Rep. Kirsh, Simrill, Neal, Walker,
                     Elliott, Rhoad, Trotter & McMahand HJ-59
   04/26/95  House  Objection withdrawn by Rep. Walker, Elliott,
                     Rhoad, Trotter, McMahand & Simrill HJ-112
   04/26/95  House  Objection withdrawn by Rep. Neal HJ-116
   04/26/95  House  Read second time HJ-158
   04/27/95  House  Read third time and sent to Senate HJ-16
   05/01/95  Senate Introduced and read first time SJ-18
   05/01/95  Senate Referred to Committee on Medical Affairs SJ-18
   05/18/95  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-42
   05/16/96  Senate  Special order
   05/23/96  Senate Amended SJ-76
   05/23/96  Senate Read second time SJ-76
   05/23/96  Senate Ordered to third reading with notice of
                     amendments SJ-76
   05/28/96  Senate Amended SJ-38
   05/28/96  Senate Read third time and returned to House with
                     amendments SJ-38
   06/12/96  House  Concurred in Senate amendment and enrolled HJ-37
   06/13/96         Ratified R 506
   06/18/96         Signed By Governor
   06/18/96         Effective date 06/18/96 except Sec. 16-17-503 of
                     the 1976 Code which takes effect when funds are
                     appropriated by General Assembly to implement
                     its provisions
   07/03/96         Copies available
   07/03/96         Act No. 445

AN ACT TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO REVISE THE AREAS IN WHICH A PERSON MAY SMOKE IN PUBLIC SCHOOLS AND PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE; BY ADDING SECTIONS 16-17-501, 16-17-502, 16-17-503, AND 16-17-504 SO AS TO PROVIDE DEFINITIONS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCTS, TO MAKE IT UNLAWFUL TO DISTRIBUTE A TOBACCO SAMPLE TO A MINOR, TO PROVIDE A PROCEDURE TO ENFORCE THE PROVISION MAKING IT ILLEGAL TO DISTRIBUTE A TOBACCO PRODUCT SAMPLE TO A MINOR, TO AMEND SECTION 16-17-500, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO REVISE THE PENALTIES.

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

Smoking area

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 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 in this chapter:

(1) public schools and preschools where routine or regular kindergarten, elementary, or secondary educational classes are held including libraries. Private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board. This section does not prohibit school district boards of trustees from providing for a smoke-free campus;

(2) all other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other child day care facilities, as defined in Section 20-7-2700, which are licensed pursuant to Subarticle 11, Article 13, Chapter 7, of Title 20;

(3) health care facilities as defined in Section 44-7-130, except where smoking areas are designated in employee break areas. However, nothing in this chapter prohibits or precludes a health care facility from being smoke free;

(4) government buildings, except health care facilities as provided for in this section, except that smoking may be allowed in enclosed private offices and designated areas of employee break areas. However, smoking policies in the State Capitol and Legislative Office Buildings must be determined by the office of government having control over its respective area of the buildings. `Government buildings' means buildings or portions of buildings which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions 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 theaters or public performing art centers. However, smoking areas may be designated in foyers, lobbies, or other common areas, and smoking is permitted as part of a legitimate theatrical performance."

Definitions

SECTION 2. The 1976 Code is amended by adding:

"Section 16-17-501. As used in this section and Sections 16-17-502, 16-17-503, and 16-17-504:

(1) `Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.

(2) `Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older.

(3) `Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.

(4) `Sampling' means the distribution of samples to members of the general public in a public place.

(5) `Tobacco product' means a product that contains tobacco and is intended for human consumption.

Section 16-17-502. (A) It is unlawful for a person to distribute a tobacco product sample to a person under the age of eighteen years.

(B) A person engaged in sampling shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.

(C) A person violating this section is subject to a civil penalty of not more than twenty-five dollars for a first violation, not more than fifty dollars for a second violation, and not less than one hundred dollars for a third or subsequent violation. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.

Section 16-17-503. (A) The Director of the Department of Revenue and Taxation shall provide for the enforcement of Section 16-17-502 in a manner that reasonably may be expected to reduce the extent to which tobacco products are sold or distributed to persons under the age of eighteen years and annually shall conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with the section. The department shall designate an enforcement officer to conduct the annual inspections. Penalties collected pursuant to Section 16-17-502 must be used to offset the costs of enforcement.

(B) The director shall provide for the preparation of and submission annually to the Secretary of the United States Department of Health and Human Services the report required by Section 1926 of the federal Public Health Service Act (42 U.S.C. 300x-26) and otherwise is responsible for ensuring the state's compliance with that provision of federal law and implementing regulations promulgated by the United States Department of Health and Human Services.

Section 16-17-504. (A) Sections 16-17-500, 16-17-502, and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. Any laws, ordinances, or rules enacted pertaining to tobacco products may not supersede state law or regulation. Nothing herein shall affect the right of any person having ownership or otherwise controlling private property to allow or prohibit the use of tobacco products on such property.

(B) Smoking ordinances in effect before the effective date of this act are exempt from the requirements of subsection (A)."

Furnishing of tobacco products to minors

SECTION 3. Section 16-17-500 of the 1976 Code is amended to read:

"Section 16-17-500. It shall be unlawful for any person to sell, furnish, give, or provide any minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefor. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall be punished as follows:

(1) for a first offense by a fine not exceeding twenty-five dollars;

(2) for a second offense, by a fine not exceeding fifty dollars; and

(3) for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both.

One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had."

Clean Indoor Air Act of 1990

SECTION 4. 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.

Time effective

SECTION 5. This act takes effect upon approval by the Governor, except Section 16-17-503 of the 1976 Code which takes effect when funds are appropriated by the General Assembly to implement its provisions.

In the Senate House June 13, 1996.

Robert L. Peeler,

President of the Senate

David H. Wilkins,

Speaker of the House of

Representatives

Approved the 18th day of June, 1996.

David M. Beasley,

Governor

Printer's Date -- June 27, 1996 -- S.