2011-2012 Bill 3109: Smoking - South Carolina Legislature Online

1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 H. 3109 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Skelton, King and Edge 10 Document Path: l:\council\bills\agm\18218ab11.docx 11 12 Introduced in the House on January 11, 2011 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Smoking 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/7/2010 House Prefiled 22 12/7/2010 House Referred to Committee on Judiciary 23 1/11/2011 House Introduced and read first time ( House Journalpage 48) 24 1/11/2011 House Referred to Committee on Judiciary ( House Journalpage 48) 25 1/26/2011 House Member(s) request name removed as sponsor: Daning 26 2/1/2011 House Member(s) request name removed as sponsor: Toole 27 3/31/2011 House Member(s) request name added as sponsor: King 28 4/26/2012 House Member(s) request name added as sponsor: Edge 29 30 31 VERSIONS OF THIS BILL 32 33 12/7/2010 34 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 449520, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO PLACES WHERE 13 SMOKING IS PROHIBITED, SO AS TO PROVIDE SMOKING 14 IS PROHIBITED IN ALL PUBLIC INDOOR PLACES, TO 15 DEFINE AND INCLUDE ELECTRONIC CIGARETTES IN 16 THIS BAN, TO DELETE CERTAIN REFERENCES TO 17 DESIGNATED SMOKING AREAS IN PUBLIC INDOOR 18 PLACES, AND TO EXEMPT PRIVATE CLUBS; AND TO 19 REPEAL SECTION 449530 RELATING TO DESIGNATED 20 SMOKING AND NONSMOKING AREAS, AND SECTION 21 449540 RELATING TO SEPARATION OF SMOKING AND 22 NONSMOKING AREAS. 23 24 Be it enacted by the General Assembly of the State of South 25 Carolina: 26 27 SECTION 1. Section 449520 of the 1976 Code is amended to 28 read: 29 30 “Section 449520. (A) It is unlawful for a person to smoke or 31 possess lighted smoking material or use an electronic smoking 32 device in any form in the following a public indoor areas except 33 where a smoking area is designated as provided for in this chapter: 34 area. 35 (1) public schools and preschools where routine or regular 36 kindergarten, elementary, or secondary educational classes are held 37 including libraries. Private offices and teacher lounges which are 38 not adjacent to classrooms or libraries are excluded. However, this 39 exclusion does not apply if the offices and lounges are included 40 specifically in a directive by the local school board. This section 41 does not prohibit school district boards of trustees from providing 42 for a smokefree campus;

[3109] 2 1 (2) all other indoor facilities providing children’s services to 2 the extent that smoking is prohibited in the facility by federal law 3 and all other childcare facilities, as defined in Section 631320, 4 which are licensed pursuant to Chapter 13, Title 63; 5 (3) health care facilities as defined in Section 447130, except 6 where smoking areas are designated in employee break areas. 7 However, nothing in this chapter prohibits or precludes a health 8 care facility from being smoke free; 9 (4) government buildings, except health care facilities as 10 provided for in this section, except that smoking may be allowed in 11 enclosed private offices and designated areas of employee break 12 areas. However, smoking policies in the State Capitol and 13 Legislative Office Buildings must be determined by the office of 14 government having control over its respective area of the 15 buildings. “Government buildings” means buildings or portions 16 of buildings which are leased or operated under the control of the 17 State or any of its political subdivisions, except those buildings or 18 portions of buildings which are leased to other organizations or 19 corporations; 20 (5) elevators; 21 (6) public transportation vehicles, except for taxicabs; and 22 (7) arenas and auditoriums of public theaters or public 23 performing art centers. However, smoking areas may be 24 designated in foyers, lobbies, or other common areas, and smoking 25 is permitted as part of a legitimate theatrical performance. 26 (B) For the purposes of this section, an ‘electronic smoking 27 device’ means an electronic device that can be used to deliver 28 nicotine or other substances to the person inhaling from the device, 29 including, but not limited to, an electronic cigarette, cigar, 30 cigarillo, or pipe. 31 (C) The provisions of this chapter do not apply to a private club 32 or other establishment not open to the general public.” 33 34 SECTION 2. Sections 449530 and 449540 are repealed. 35 36 SECTION 3. This act takes effect upon approval by the 37 Governor. 38 XX 39

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