South Carolina General Assembly
116th Session, 2005-2006

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Bill 798


Indicates Matter Stricken
Indicates New Matter


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A BILL

TO AMEND SECTION 41-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF USING TOBACCO PRODUCTS OUTSIDE OF THE WORKPLACE AS BASIS FOR TAKING A PERSONNEL ACTION AGAINST AN EMPLOYEE, SO AS TO AUTHORIZE AN EMPLOYER TO ADVERTISE FOR NONSMOKER EMPLOYEES AND DESIGNATE IN HIS ADVERTISEMENT THAT THE WORKPLACE IS A NONSMOKING ENVIRONMENT.

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

SECTION    1.    Section 41-1-85 of the 1976 Code, as last amended by Act 593 of 1990, is further amended to read:

"Section 41-1-85.    (A)    The use of tobacco products outside the workplace must not be the basis of personnel action, including, but not limited to, employment, termination, demotion, or promotion of an employee.

(B)    An employer may advertise for nonsmoker employees and designate in his advertisement that the workplace is a nonsmoking environment."

SECTION    2.    This act takes effect upon approval by the Governor.

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