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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
| 643H0531 |
SENATE HEALTH AND HUMAN SERVICES
COMMITTEE ENGROSSED
NO.
SB 118
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01/28/2002
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Introduced by:
Senators McCracken, Diedtrich (Elmer), Ham, and McIntyre and
Representatives Peterson (Bill), Frost, Glenski, and Van Etten
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FOR AN ACT ENTITLED, An Act to
prohibit smoking in public places.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-36-2 be amended to read as follows:
22-36-2. No person may smoke tobacco or carry any lighted tobacco product in
the
following places:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-36-2 be amended to read as follows:
22-36-2. No person may smoke tobacco or carry any lighted tobacco product in
(1)
Any hospital or medical or dental clinic;
(2)
Any nursing facility;
(3)
Any public library, museum, indoor theater, or concert hall;
(4)
Any elementary or secondary school building;
(5)
Any public conveyance;
(6)
Any jury room;
(7)
Any elevator;
(8)
Any registered or unregistered day care program, day care center, day care
cooperative, or family day care home governed by chapter 26-6 during the time in
which children who are not family members of the day care provider are receiving
care.
This section does not prohibit the smoking of tobacco or tobacco products in the places
named in this section, if the smoking is confined to areas designated as smoking areas
any public
place or place of employment.This section does not apply to any sleeping room in a lodging
establishment as defined in
§
34-18-1, to any on-sale licensee pursuant to chapter 35-4, to any
video lottery licensed establishment pursuant to chapter 42-7A, to any licensee pursuant to
chapter 42-7B, or to any tobacco or packaged liquor store if the store is primarily used for the
sale of tobacco or alcoholic beverages, or both, and the sale of other products is merely
incidental.
A violation of this section is a petty offense.
Section 2. For the purposes of this Act, a public place is any enclosed indoor area to which the public is invited or to which the public is permitted, including any hospital or medical or dental clinic; any nursing facility; any public library, museum, theater, or concert hall; any elementary or secondary school building; any public conveyance; any jury room; any elevator; any reception area; any restaurant; any retail service establishment; any retail store; and any registered or unregistered day care program, day care center, day care cooperative, or family day care home governed by chapter 26-6 during the time in which children who are not family members of the day care provider are receiving care. A private residence is not a public place unless it is used for day care.
Section 3. For the purposes of this Act, a place of employment is any enclosed indoor area under the control of a public or private employer, including work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias, and hallways. A private residence is not a place of employment unless it is used for day care.
Section 2. For the purposes of this Act, a public place is any enclosed indoor area to which the public is invited or to which the public is permitted, including any hospital or medical or dental clinic; any nursing facility; any public library, museum, theater, or concert hall; any elementary or secondary school building; any public conveyance; any jury room; any elevator; any reception area; any restaurant; any retail service establishment; any retail store; and any registered or unregistered day care program, day care center, day care cooperative, or family day care home governed by chapter 26-6 during the time in which children who are not family members of the day care provider are receiving care. A private residence is not a public place unless it is used for day care.
Section 3. For the purposes of this Act, a place of employment is any enclosed indoor area under the control of a public or private employer, including work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias, and hallways. A private residence is not a place of employment unless it is used for day care.
