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S. 351
STATUS INFORMATION
General Bill
Sponsors: Senator Gregory
Document Path: l:\council\bills\nbd\11170ac05.doc
Introduced in the Senate on January 26, 2005
Currently residing in the Senate Committee on Medical Affairs
Summary: Clean Indoor Air Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/26/2005 Senate Introduced and read first time SJ-15 1/26/2005 Senate Referred to Committee on Medical Affairs SJ-15
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLEAN INDOOR AIR ACT, INCLUDING EXCEPTIONS TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO DELETE PROVISIONS ALLOWING SMOKING IN CERTAIN PRIVATE OFFICES AND TEACHER LOUNGES AT SCHOOLS AND IN PRIVATE OFFICES AND DESIGNATED AREAS OF EMPLOYEE BREAK AREAS IN GOVERNMENT BUILDINGS; AND TO AMEND SECTION 44-95-50, RELATING TO PENALTIES FOR VIOLATIONS OF SMOKING RESTRICTIONS UNDER THE CLEAN INDOOR AIR ACT, SO AS TO DELETE THE MINIMUM FINE OF TEN DOLLARS, RETAINING THE MAXIMUM FINE OF TWENTY-FIVE DOLLARS.
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 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."
SECTION 2. Section 44-95-50 of the 1976 Code is amended to read:
"Section 44-95-50. A person who violates Section 44-95-20, 44-95-30, or 44-95-40 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor more than twenty-five dollars."
SECTION 3. This act takes effect upon approval by the Governor.
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