S 0129 General Bill, By Jackson, Giese and Hayes
 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 INCLUDE PUBLIC AREAS OF THE STATE HOUSE AS PLACES
 WHERE SMOKING IS PROHIBITED.

   01/14/97  Senate Introduced and read first time SJ-134
   01/14/97  Senate Referred to Committee on Medical Affairs SJ-134

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 ACT OF 1990, SO AS TO INCLUDE PUBLIC AREAS OF THE STATE HOUSE AS PLACES WHERE SMOKING IS PROHIBITED.

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 445 of 1996, 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, including public areas of the State House, 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 non-public areas of the State House 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, including public areas of the State House, 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."

SECTION 2. Upon approval by the Governor, this act takes effect upon the re-opening of the State House following the completion of the State House renovation project.