House considers statewide smoking ban

By Kirsten Singleton
Bluffton Today Columbia Bureau

COLUMBIA — Lawmakers expect intense debate this week over a proposal to ban smoking in South Carolina restaurants, bars and recreational facilities such as bowling alleys and skating rinks.

“My opinion is I think the government tells us what we can and can’t do enough,” said Sam Erb, owner of Aiken’s West Side Bowery and president of the S.C. Restaurant Association.

“I really feel strongly that this is a decision that needs to be made per business,” Erb said.

That’s a strong argument, said Rep. Bill Herbkersman, R-Bluffton.

But the argument that second-hand smoke is a health risk also is valid, said Herbkersman, who is leaning in favor of the ban.

“If people don’t like it, don’t go” to the restaurants and bars, he said.

Previous attempts at smoking bans have stalled in South Carolina.

But, this year, the proposal is advancing further. Earlier this month, on a 10-8 vote, the House Judiciary Committee approved House Bill 3795.

With communities and states across the nation considering similar bans, Herbkersman believes this is the right time for this bill to move forward.

House Majority Leader Jim Merrill expects the bill to be debated today or Wednesday.

Tobacco lobbyists are pushing hard, he said. But he doesn’t know what the outcome will be.

“It’s not a party vote,” he said. “It’s not even a regional vote. I don’t really know what kind of vote it is.”

The bill’s supporters have, in essence, this week to get it done.

Legislative rules require that each chamber, be it the House or the Senate, has to approve its bills before May 1, or “crossover day,” in order for the other chamber to consider the legislation this session.

After May 1, passing the bill is much tougher because a two-thirds vote is required for either the House or the Senate to consider a bill originating in the other chamber.

Hundreds of bills will essentially die this week due to crossover-day restrictions.

Other House bills the deadline could affect:

• The South Carolina Crimestoppers Act to create Crimestoppers organizations, defined as nonprofits that accept and spend donations for rewards to people who report information about suspected criminal activity.
• A bill preventing the Department of Mental Health from using any funds received from the lease or sale of its property; those funds would be deposited in a separate state account to be used for adult long-term care, acute care and forensic services.
• A proposal to allow hospitals discharging emergency room patients to give the patient a 24-hour supply of prescribed medication.

Among Senate bills the deadline could affect:

• The “right to farm bill” that would prevent local governments from adopting farm-zoning regulations stricter than the Department of Health and Environmental Control’s.
• Aiken Republican Sen. Greg Ryberg’s bill to end enrollment in the state’s tuition-prepayment program.

During most of this week, the Senate is expected to focus on the $6.5 billion budget proposed for Fiscal Year 2007, which starts July 1.

Contact Kirsten Singleton at kirsten.singleton@morris.com or 803-414-6611