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									                                   South Carolina General Assembly
                                       119th Session, 2011-2012

H. 3033

STATUS INFORMATION

General Bill
Sponsors: Rep. Rutherford
Document Path: l:\council\bills\agm\18204bh11.docx
Companion/Similar bill(s): 3015, 3022

Introduced in the House on January 11, 2011
Currently residing in the House Committee on Judiciary

Summary: Clean Indoor Air Act


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body    Action Description with journal page number
 12/7/2010   House   Prefiled
 12/7/2010   House   Referred to Committee on Judiciary
 1/11/2011   House   Introduced and read first time (House Journal-page 17)
 1/11/2011   House   Referred to Committee on Judiciary (House Journal-page 17)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/7/2010
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 9                      A BILL
10
11   TO AMEND CHAPTER 95 OF TITLE 44, CODE OF LAWS OF
12   SOUTH CAROLINA, 1976, RELATING TO THE “CLEAN
13   INDOOR AIR ACT OF 1990”, SO AS TO EXTEND THE
14   SMOKING PROHIBITION PROVIDED FOR IN THE ACT TO
15   RESTAURANTS,     BARS,  LOUNGE     AREAS,   AND
16   RECREATIONAL FACILITIES; TO SPECIFY THAT
17   SMOKING IS PERMITTED IN PRIVATE HOMES AND
18   AUTOMOBILES, HOME-BASED BUSINESSES, PRIVATE
19   FUNCTIONS IN INDOOR AREAS, HOTEL ROOMS
20   DESIGNATED AS SMOKING ROOMS, SPECIALTY
21   TOBACCO STORES, TOBACCO MANUFACTURERS, CIGAR
22   BARS, AND PRIVATE CLUBS AND TO PROVIDE THAT A
23   PROPRIETOR OF AN ESTABLISHMENT HAS THE RIGHT
24   TO PROHIBIT SMOKING IN HIS ESTABLISHMENT WHICH
25   WOULD OTHERWISE BE PERMITTED BY THIS CHAPTER;
26   TO PROVIDE THAT THE POSTING OF DESIGNATED
27   SMOKING AREA SIGNS IS NOT REQUIRED FOR PRIVATE
28   HOMES    AND    AUTOMOBILES    OR    HOME-BASED
29   BUSINESSES AND TO PROVIDE AN EXCEPTION; TO
30   DELETE THE MAXIMUM CRIMINAL PENALTY FROM A
31   FINE OF TWENTY-FIVE DOLLARS AND TO PROVIDE A
32   MINIMUM CRIMINAL PENALTY OF A FINE OF NOT LESS
33   THAN FIFTY DOLLARS; TO PROVIDE THAT A PERSON
34   SMOKING IN A RESTAURANT, BAR, OR LOUNGE MUST
35   BE ASKED TO EXTINGUISH ALL LIGHTED TOBACCO
36   PRODUCTS AND IF THE PERSON REFUSES TO DO SO, THE
37   PERSON MUST BE ASKED TO LEAVE THE PREMISES; TO
38   PROHIBIT A PERSON OR EMPLOYER FROM RETALIATING
39   AGAINST ANOTHER PERSON OR AN EMPLOYEE OR
40   CUSTOMER FOR FILING A COMPLAINT FOR OR SEEKING
41   PROSECUTION OF A VIOLATION OF THIS CHAPTER; AND
42   TO PROVIDE THAT THE CLEAN INDOOR AIR ACT MUST

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 1   NOT BE CONSTRUED TO PERMIT SMOKING WHERE IT IS
 2   OTHERWISE PROHIBITED BY REGULATION OF A STATE
 3   OR LOCAL AGENCY, INCLUDING A LOCAL ORDINANCE.
 4
 5   Be it enacted by the General Assembly of the State of South
 6   Carolina:
 7
 8   SECTION 1. Chapter 95, Title 44 of the 1976 Code is amended to
 9   read:
10
11                              “CHAPTER 95
12
13                          Clean Indoor Air Act
14
15   Section 44-95-10.    This chapter may be cited as the ‘Clean
16   Indoor Air Act of 1990’.
17
18      Section 44-95-15.       As used in this chapter:
19      (1) ‘Bar’ and ‘lounge area’ mean an establishment open and
20   accessible to the public that is devoted to the serving of alcoholic
21   beverages for consumption by guests on the premises and in which
22   the serving of food is only incidental to the consumption of those
23   beverages.
24      (2) ‘Government buildings’ means buildings or portions of
25   buildings that are leased or operated under the control of the State
26   or any of its political subdivisions, except those buildings or
27   portions of buildings that are leased to other organizations or
28   corporations.
29      (3) ‘Private function’ means a gathering of persons for the
30   purpose of deliberation, education, instruction, entertainment,
31   amusement, or dining which is not intended to be open to the
32   public and for which membership or specific invitation is a
33   prerequisite to entry.
34      (4) ‘Proprietor’ means a person who owns, leases, operates,
35   manages, or otherwise has control of any establishment, building,
36   or enclosed area. The term ‘proprietor’ includes corporations,
37   associations, or partnerships, as well as individuals.
38      (5) ‘Recreational facility’ means an enclosed, indoor area open
39   to the general public for any recreational purpose including, but
40   not limited to, an indoor area used as a bowling alley, dance hall,
41   gaming facility, poolroom, skating rink, video game facility, senior
42   citizen recreational facility, stadium, or arena.


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 1      (6) ‘Restaurant’ means any eating establishment open and
 2   accessible to the public including, but not limited to, fast food
 3   enterprises, coffee shops, cafeterias, and other similar entities
 4   licensed by the Department of Health and Environmental Control,
 5   including a bar or lounge area within a restaurant.
 6      (7) ‘Smoke’ or ‘smoking’ means the inhaling, exhaling,
 7   burning, carrying, or holding a lighted cigar, cigarette, pipe, or a
 8   tobacco or other product in any manner or form.
 9      (8) ‘Specialty tobacco store’ means a retail store utilized
10   primarily for the sale of tobacco products and accessories in which
11   the sale of other products is merely incidental.
12      (9) ‘Theater’ means an indoor facility or auditorium open to
13   the public that is primarily used or designed for the purpose of
14   exhibiting a motion picture, stage production, musical recital or
15   concert, dance performance, lecture, or another similar
16   performance.
17
18      Section 44-95-20.     In order to protect the public from the
19   detrimental effects of secondhand smoke, it is unlawful for a
20   person to smoke or possess lighted smoking material in any form
21   in the following public indoor areas except where a smoking area
22   is designated as provided for in this chapter:
23      (1) public schools and preschools where routine or regular
24   kindergarten, elementary, or secondary educational classes are
25   held, including libraries. Smoking is permitted in private offices
26   and teacher lounges which that are not adjacent to classrooms or
27   libraries are excluded.; However, this exclusion does not apply if
28   the offices and lounges are included specifically in a directive by
29   the local school board. this section item does not prohibit school
30   district boards of trustees, district superintendents, and principals
31   or chief administrators of a school from adopting smoking
32   restrictions that are more stringent than the requirements of this
33   item, including prohibiting smoking in private offices and teacher
34   lounges or in areas that are not enclosed and are located on the
35   public school or preschool campus or from providing for a
36   smoke-free campus;
37      (2) all other indoor facilities providing children’s services to
38   the extent that smoking is prohibited in the facility by federal law
39   and all other child day care childcare facilities, as defined in
40   Section 20-7-2700 63-13-20, which that are licensed pursuant to
41   Subarticle 11, Article 13, Chapter 7 of Title 20 Chapter 13, Title
42   63;


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 1     (3) health care facilities, as defined in Section 44-7-130, except
 2   where smoking areas are designated in employee break areas.
 3   However, nothing in this chapter prohibits or precludes a health
 4   care facility from being smoke free;
 5     (4) government buildings, except health care facilities as
 6   provided for in this section, except that smoking may be allowed in
 7   enclosed private offices and designated areas of employee break
 8   areas. However, smoking policies in the State Capitol and
 9   Legislative Office Buildings must be determined by the office of
10   government having control over its respective area of the
11   buildings. ‘Government buildings’ means buildings or portions of
12   buildings which are leased or operated under the control of the
13   State or any of its political subdivisions, except those buildings or
14   portions of buildings which are leased to other organizations or
15   corporations;
16     (5) elevators;
17     (6) public transportation vehicles, except for taxicabs; and
18     (7) arenas and auditoriums of public theaters or public
19   performing art centers. and recreational facilities; however,
20   smoking areas may be designated in foyers, lobbies, or other
21   common areas, and smoking is permitted as part of a legitimate
22   theatrical performance; and
23     (8) restaurants, bars, and lounge areas.
24
25
26      Section 44-95-25.       (A) Except as prohibited pursuant to
27   Section 44-95-20, smoking is permitted in all other public indoor
28   and outdoor areas and it is specifically permitted in:
29        (1) private homes, private residences, private vehicles, and
30   home-based businesses, unless a private home, private residence,
31   private vehicle, or home-based business is used in conjunction
32   with a childcare facility, as defined in Section 63-13-20, or a health
33   care facility, as defined in Section 44-7-130;
34        (2) an indoor area where private functions are being held
35   when the arrangements for the private functions are under the
36   control of the sponsor of the function;
37        (3) a hotel or motel room clearly designated as a ‘smoking’
38   room as long as smoking rooms in that hotel or motel do not
39   exceed twenty-five percent of the total number of rooms that the
40   hotel or motel offers as accommodations to the public;
41        (4) specialty tobacco stores;
42        (5) tobacco manufacturers;
43        (6) cigar bars; and

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 1        (7) private clubs.
 2      (B) This chapter does not prevent and must not be construed to
 3   limit the right of a proprietor of an establishment in which smoking
 4   is permitted under this chapter from prohibiting smoking in the
 5   establishment, in a private office or work area in the establishment,
 6   or on the premises of the establishment.
 7
 8      Section 44-95-30.      (A) In areas where smoking is permitted
 9   in on premises or in vehicles pursuant to Section 44-95-20, the
10   owner, manager, or agent in charge of the premises or vehicle
11   referenced in Section 44-95-20 shall conspicuously display signs
12   designating smoking and nonsmoking areas alike, except that signs
13   are not required in private offices.
14      (B) This section must not be construed to require the posting of
15   signs on private homes, private residences, private vehicles, or
16   home-based businesses unless the private home, private residence,
17   private vehicle, or home-based business is used in conjunction
18   with a childcare facility or a health care facility where smoking is
19   authorized in designated areas pursuant to Section 44-95-20.
20
21     Section 44-95-40.      In complying with the provisions of
22   Section 44-95-30 44-95-20 that allow smoking in designated areas,
23   the owner, manager, or agent in charge of the premises shall make
24   every reasonable effort to prevent designated smoking areas from
25   impinging upon designated smoke-free areas by the use of existing
26   physical barriers and ventilation systems.
27
28     Section 44-95-50. A person who violates Section 44-95-20,
29   44-95-30, or 44-95-40 of this chapter is guilty of a misdemeanor
30   and, upon conviction, must be fined not less than ten fifty dollars
31   nor more than twenty-five dollars.
32
33      Section 44-95-55.      (A) A person in charge of, or a
34   designated agent or employee of, a restaurant, bar, or lounge area
35   who observes a person smoking in the restaurant, bar, or lounge
36   area shall ask the person to extinguish all lighted tobacco products.
37   If the person continues smoking, the person in charge of, or the
38   designated agent or employee of, the restaurant, bar, or lounge area
39   shall ask the person to leave the premises.
40      (B) A person who refuses to extinguish all lighted tobacco
41   products or refuses to leave the premises of a restaurant, bar, or
42   lounge area when asked to do so pursuant to subsection (A) is


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 1   guilty of a misdemeanor and, upon conviction, must be fined as
 2   provided for in Section 44-95-50.
 3
 4      Section 44-95-60.   No person in this State is authorized to
 5   require any other person to submit to any form of testing to
 6   determine whether or not the person has nicotine or other tobacco
 7   residue in his body.
 8
 9     Section 44-95-70.      A person or employer must not retaliate
10   against another person or an employee, applicant for employment,
11   or customer for filing a complaint or report about or seeking
12   prosecution of a violation of this chapter.
13
14     Section 44-95-80.     This chapter must not be construed to
15   permit smoking where it is otherwise prohibited by a rule or
16   regulation of a state or local agency or another applicable law,
17   including an ordinance adopted by a local governing body.”
18
19   SECTION 2. This act takes effect upon approval by the Governor.
20                            ----XX----
21




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