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H. 3795
STATUS INFORMATION
General Bill
Sponsors: Reps. Rutherford, Scott, Hosey, Govan, Cobb-Hunter, Hamilton, E.H. Pitts, G.R. Smith, Mahaffey, J. Brown, McLeod and Whipper
Document Path: l:\council\bills\swb\6427cm05.doc
Introduced in the House on March 22, 2005
Currently residing in the House Committee on Judiciary
Summary: Smoking prohibited in restaurant
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/22/2005 House Introduced and read first time HJ-3
3/22/2005 House Referred to Committee on Judiciary HJ-3
2/2/2006 House Member(s) request name added as sponsor: Mahaffey
2/23/2006 House Member(s) request name added as sponsor: J.Brown
4/5/2006 House Member(s) request name added as sponsor: McLeod
4/5/2006 House Committee report: Favorable with amendment Judiciary HJ-3
4/6/2006 Scrivener's error corrected
4/18/2006 House Member(s) request name removed as sponsor: Loftis
4/18/2006 House Requests for debate-Rep(s). Viers, Battle, Thompson,
Hardwick, JE Smith, Ott, Agnew, JH Neal, Hayes, J
Brown, Scott, Bailey, Jefferson, J Hines, Young,
Jennings, Rhoad, Walker, Hamilton, Leach, Loftis,
Moody-Lawrence, Kirsh, Scarborough, Bannister,
Davenport, Owens, Altman, Sandifer and Tripp HJ-21
4/26/2006 House Member(s) request name added as sponsor: Whipper
4/26/2006 House Recommitted to Committee on Judiciary HJ-54
4/26/2006 House Roll call Yeas-55 Nays-52 HJ-64
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
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COMMITTEE REPORT
April 5, 2006
H. 3795
Introduced by Reps. Rutherford, Scott, Hosey, Govan, Cobb-Hunter, Hamilton, Loftis, E.H. Pitts, G.R. Smith, McLeod, Mahaffey and J. Brown
S. Printed 4/5/06--H. [SEC 4/6/06 3:18 PM]
Read the first time March 22, 2005.
To whom was referred a Bill (H. 3795) to amend the Code of Laws of South Carolina, 1976, by adding Section 44-95-25 so as to prohibit smoking in a restaurant and to provide a penalty, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-15. As used in this chapter:
(1) 'bar or lounge' area means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages;
(2) 'private function' means a gathering of persons for the purpose of deliberation, education, instruction, entertainment, amusement, or dining that is not intended to be open to the public and for which membership or specific invitation is a prerequisite to entry;
(3) 'proprietor' means a person who owns, leases, operates, manages, or otherwise has control of any establishment, building, or enclosed area. The term 'proprietor' includes corporations, associations, or partnerships as well as individuals;
(4) 'recreational facility' means an enclosed, indoor area open to the general public for any recreational purpose, including, but not limited to, an indoor area used as a bowling alley, dance hall, gaming facility, poolroom, stadium, arena, skating rink, video game facility, or senior citizen recreational facility;
(5) 'restaurant' means any eating establishment, including, but not limited to, fast food enterprises, coffee shops, cafeterias, and other similar entities licensed by the Department of Health and Environmental Control, including a bar area within a restaurant;
(6) 'smoke' or 'smoking' means the inhaling, exhaling, burning, or carrying or holding of a lighted cigar, cigarette, pipe, or a tobacco or other product in any manner or form;
(7) 'specialty tobacco store' means a retail store utilized primarily for the sale of tobacco products and accessories in which the sale of other products is merely incidental;
(8) 'theater' means an indoor facility or auditorium open to the public that is primarily used or designed for the purpose of exhibiting a motion picture, stage production, musical recital or concert, dance performance, lecture, or another similar performance."
SECTION 2. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-25. (A) Unless otherwise provided in this chapter, this chapter shall not apply to:
(1) private homes, private residences, private automobiles, and home-based businesses, unless the private homes, private residences, private vehicles, or home-based businesses are used in conjunction with a licensed child care, adult day care, or health care facility;
(2) an indoor area where private functions are being held when the arrangements for the private functions are under the control of the sponsor of the function;
(3) a hotel or motel room clearly designated as a 'smoking' room as long as the room does not exceed twenty-five percent of the total accommodations within the establishment that are offered for lease or rent to the public;
(4) specialty tobacco stores;
(5) tobacco manufacturers;
(6) cigar bars; and
(7) private clubs.
(B) This chapter shall not prevent or be construed to limit the right of a proprietor of an establishment excluded under it from prohibiting smoking in an establishment or private office or work area or the right of a principal or administrator of an educational facility, as defined in Section 44-95-20, from adopting smoking prohibitions that are more stringent than the requirements of this chapter, including restrictions on smoking in areas that are not enclosed and are located on the educational facility's campus."
SECTION 3. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-70. A person or employer shall not retaliate against another person, employee, applicant for employment, or customer for filing a complaint or report about or seeking prosecution of a violation of this chapter."
SECTION 4. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-80. This chapter must not be construed to permit smoking where it is otherwise prohibited by the proprietor of any establishment, building, or area or by a rule or regulation of a state or local agency or another applicable law, including an ordinance adopted by a local governing body."
SECTION 5. Section 44-95-20 of the 1976 Code is amended to read:
"Section 44-95-20. It In order to protect the public from the detrimental effects of secondhand smoke, 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.;
(8) restaurants, bars, or lounge area; and
(9) recreational facilities."
SECTION 6. Section 44-95-30 of the 1976 Code is amended by adding at the end:
"This section must not be construed as requiring the posting of signs on private homes, private residences, private vehicles, or home-based businesses unless the private homes, private residences, private vehicles, or home-based businesses are used in conjunction with a licensed child care, adult day care, or health care facility."
SECTION 7. Section 44-95-50 of the 1976 Code is amended to read:
"Section 44-95-50. (A) 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 fifty dollars nor more than twenty-five dollars.
(B) A person in charge of a restaurant open and assessible to the public or a designated agent or employee of the restaurant, who observes a person smoking in violation of this chapter shall ask the person to extinguish all lighted tobacco products. If the person persists in violation of this section, the person in charge of the restaurant or the designated agent or employee of the restaurant shall ask the person to leave the premises.
(C) A person who refuses to extinguish all lighted tobacco products or leave the premises of a restaurant when asked to do so pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars."
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-25 SO AS TO PROHIBIT SMOKING IN A RESTAURANT AND TO PROVIDE A PENALTY FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-25. (A) It is unlawful for a person to smoke or possess lighted smoking material in any form in a restaurant.
(B) A person violating subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than seventy-five dollars."
SECTION 2. This act takes effect upon approval by the Governor.
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