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S. 186
STATUS INFORMATION
General Bill
Sponsors: Senators Gregory, Knotts, Lourie and Jackson
Document Path: l:\council\bills\ms\7081ahb07.doc
Introduced in the Senate on January 9, 2007
Currently residing in the Senate
Summary: Tobacco
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 Senate Prefiled
12/13/2006 Senate Referred to Committee on Judiciary
1/9/2007 Senate Introduced and read first time SJ-110
1/9/2007 Senate Referred to Committee on Judiciary SJ-110
1/17/2007 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts,
Bryant
4/18/2007 Senate Committee report: Favorable with amendment Judiciary SJ-6
4/19/2007 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/13/2006
4/18/2007
4/19/2007
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 18, 2007
S. 186
S. Printed 4/18/07--S. [SEC 4/19/07 4:39 PM]
Read the first time January 9, 2007.
To whom was referred a Bill (S. 186) to amend Section 16-17-504, Code of Laws of South Carolina, 1976, relating to implementation of laws relating to supplying minors with tobacco, so as to, 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, page 1, after line 38, by adding an appropriately numbered SECTION to read:
/ SECTION __. Chapter 95, Title 44 of the 1976 Code is amended to read:
Section 44-95-10. This chapter may be cited as the 'Clean Indoor Air Act of 1990'.
Section 44-95-15. As used in this chapter:
(1) 'Cigar bar' means an establishment whose business is primarily devoted to the serving of tobacco products for consumption by guests on the premises and in which the serving of food or alcohol beverages is only incidental to the consumption of such tobacco products and which prohibits the entry of persons under the age of eighteen at all times. The establishment must demonstrate when requested that the gross revenue generated from the sale of tobacco products is equal to or greater than thirty-five percent of the total combined gross revenue generated by the sales of such tobacco products and all other products.
(2) 'Enclosed area' means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows which extend from the floor to the ceiling, exclusive of doorways, and which is independently ventilated from smoke-free areas and to which access can be controlled by means or a door or doors separating the smoking-permitted area from any other non-smoking area. 'Enclosed area' includes a reasonable distance from any entrances, windows, and ventilation systems so that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and so that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems, or any other means.
(3) '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.
(4) 'Physically separated' means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows, exclusive of doors, and which is independently ventilated from smoke-free areas, so that air within permitted smoking areas does not drift or get vented into smoke-free areas and to which access can be controlled by means of a door or doors separating the smoking-permitted area from any other non-smoking area.
(5) 'Private club' means a private facility operated by a non-profit organization as defined in Section 61-6-20.
(6) 'Private function' means a gathering of persons for the purpose of deliberation, education, instruction, entertainment, amusement, or dining which is not intended to be open to the public and for which membership or specific invitation is a prerequisite to entry.
(7) '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.
(8) '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, skating rink, video game facility, senior citizen recreational facility, stadium, or arena.
(9) 'Restaurant' means any eating establishment open and accessible to the public 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 or lounge area within a restaurant.
(10) 'Smoke' or 'smoking' means the inhaling, exhaling, burning, carrying, or holding of a lighted cigar, cigarette, pipe, or a tobacco or other product in any manner or form.
(11) '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.
(12) '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 other similar performance.
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, or for an owner, manager, or agent in charge of a premises to permit 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 Smoking is permitted in private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded.; However however, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board. This this section does not prohibit school district boards of trustees, district superintendents, and principals or chief administrators of a school from adopting smoking restrictions that are more stringent than the requirements of this section, including prohibiting smoking in private offices and teacher lounges or in areas that are not enclosed and are located on the public school or preschool campus, or 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 childcare 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. and recreational facilities; However however, smoking areas may be designated in foyers, lobbies, or other common areas, and smoking is permitted as part of a legitimate theatrical performance; and
(8) restaurants, bars, and lounge areas, except as provided for in Section 44-95-80.
Section 44-95-25. (A) Except as prohibited pursuant to Section 44-95-20, smoking is permitted in all other public indoor and outdoor areas and it is specifically permitted in:
(1) private homes, private residences, private vehicles, and home-based businesses, unless a private home, private residence, private vehicle, or home-based business is used in conjunction with a childcare facility, as defined in Section 20-7-2700, or a health care facility, as defined in Section 44-7-130;
(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 smoking rooms in that hotel or motel do not exceed twenty-five percent of the total number of rooms that the hotel or motel offers as accommodations to the public;
(4) specialty tobacco stores;
(5) tobacco manufacturers' facilities;
(6) cigar bars;
(7) private clubs; and
(8) smoking bars permitted pursuant to Section 44-95-80.
(B) This chapter does not prevent and must not be construed to limit the right of a proprietor of an establishment in which smoking is permitted under this chapter from prohibiting smoking in the establishment, in a private office or work area in the establishment, or on the premises of the establishment.
Section 44-95-30. (A) In areas where smoking is permitted in on premises or in vehicles pursuant to Section 44-95-20 and Section 44-95-25, the owner, manager, or agent in charge of the premises or vehicle referenced in Section 44-95-20 shall conspicuously display signs designating smoking and nonsmoking areas alike, except that signs are not required in private offices.
(B) This section must not be construed to require the posting of signs on private homes, private residences, private vehicles, or home-based businesses unless the private home, private residence, private vehicle, or home-based business is used in conjunction with a childcare facility or a health care facility where smoking is authorized in designated areas pursuant to Section 44-95-20 and Section 44-95-25.
Section 44-95-40. In complying with the provisions of Section 44-95-30 44-95-20 and Section 44-95-25 which allow smoking in designated areas, the owner, manager, or agent in charge of the premises shall make every reasonable effort to prevent designated smoking areas from impinging upon designated smoke-free areas by the use of existing physical barriers and ventilation systems.
Section 44-95-50. A person who violates Section 44-95-20, 44-95-30, or 44-95-40, or 44-95-55 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.
Section 44-95-55. The owner, manager, or agent in charge of, or a designated agent or employee of, a restaurant, bar, or lounge area who observes a person smoking in the restaurant, bar, or lounge area shall ask the person to extinguish all lighted tobacco products. If the person continues smoking, the owner, manager, or agent in charge of, or the designated agent or employee of, the restaurant, bar, or lounge area shall ask the person to leave the premises. If the person refuses to extinguish all lighted tobacco products or refuses to leave the premises, then the owner, manager, or agent in charge of, or the designated agent or employee of, the restaurant, bar, or lounge area shall immediately notify the appropriate law enforcement agency.
Section 44-95-60. No person in this State is authorized to require any other person to submit to any form of testing to determine whether or not the person has nicotine or other tobacco residue in his body.
Section 44-95-70. A person or employer must not retaliate against a person or an employee, applicant for employment, or customer for filing a complaint or report regarding or seeking prosecution of a violation of this chapter.
Section 44-95-80. (A) The Department of Revenue may issue a smoking bar permit to a person to operate a smoking bar in this State if the establishment:
(1) is a free-standing or physically separated facility, or a fully enclosed area of a larger facility;
(2) is licensed by the Department of Revenue for the on-premise consumption of spirits or beer and wine;
(3) restricts admission to the smoking area of the establishment to persons eighteen years of age or older; and
(4) posts a sign approved by the Department of Revenue at all entrances clearly identifying the establishment as permitting smoking and identifying the hours during which the establishment is age restricted and during which smoking is permitted.
(B) A person applying for a permit shall submit the application to the Department of Revenue. The applicant must pay a non-refundable filing fee of one hundred dollars which must accompany the application for each location. The Department of Revenue has exclusive authority in issuing, suspending, or revoking a permit.
(C) The permit is valid so long as the establishment maintains a license issued by the Department of Revenue for the on-premise consumption of spirits or beer and wine.
(D) A physically separated or fully enclosed area of a larger facility which has permits for on-premise consumption of spirits or beer and wine is not required to have separate permits for on-premise consumption of spirits or beer and wine in order to qualify for a permit.
(E) An applicant for a permit shall attest to the Department of Revenue in writing as to the address, physical description, and hours of age restriction of the facility or area within the facility for which the smoking permit is requested.
Section 44-95-90. This chapter preempts all local ordinances and regulations governing the prohibition of smoking in public places. Political subdivisions of the State must not enact ordinances or regulations more restrictive than those contained in this chapter, except for ordinances or regulations pertaining to local government buildings." /
Renumber sections to conform.
Amend title to conform.
CHAUNCEY K. "GREG" GREGORY for Committee.
TO AMEND SECTION 16-17-504, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF LAWS RELATING TO SUPPLYING MINORS WITH TOBACCO, SO AS TO DELETE THE REQUIREMENT THAT LAWS, ORDINANCES, OR RULES PERTAINING TO TOBACCO PRODUCTS MAY NOT SUPERSEDE STATE LAW, TO DELETE THE EXCEPTION PROVIDED FOR PRIVATE PROPERTY, AND TO DELETE THE EXEMPTION FOR SMOKING ORDINANCES IN EFFECT BEFORE THE EFFECTIVE DATE OF THE SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-504 of the 1976 Code is amended to read:
"Section 16-17-504. (A) Sections 16-17-500, 16-17-502, and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. Any laws, ordinances, or rules enacted pertaining to tobacco products may not supersede state law or regulation. Nothing herein shall affect the right of any person having ownership or otherwise controlling private property to allow or prohibit the use of tobacco products on such property.
(B) Smoking ordinances in effect before the effective date of this act are exempt from the requirements of subsection (A). "
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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