Smoking in public places prohibited.
ENTITLED, An Act to
prohibit smoking in public places.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
No person may smoke tobacco or carry any lighted tobacco product in
Any hospital or medical or dental clinic;
Any nursing facility;
Any public library, museum, indoor theater, or concert hall;
Any elementary or secondary school building;
Any public conveyance;
Any jury room;
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.
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.
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.
Signed February 22, 2002.