Bill banning smoking in public places likely dead for year

COLUMBIA, S.C. (AP) - A bill that would ban smoking in restaurants and bars across South Carolina is essentially dead until the state Supreme Court rules on whether cities and towns can impose local bans, legislators said Tuesday.

The House Judiciary Committee voted 13-2 to return the bill to subcommittee, marking the second time this year the bill's been sent back to await a decision.

Rep. Garry Smith, R-Simpsonville, argued the bill should never have been on Tuesday's agenda.

Though the bill's sponsor said he will try again, the subcommittee's chairman, Rep. Murrell Smith, R-Sumter, said after the meeting he will not allow the proposal to budge until the state's high court reaches a decision.

Smoke-free advocates lauded the vote, saying any legislation approved now would only cause confusion and invite more lawsuits. They fear legislators would soften the bill, then insert a clause saying local governments can't pass more strict smoke-free rules.

''Legislators over the past year have shown an almost contempt for local government and real intention to deny them the right to protect their citizens from secondhand smoke,'' said Dan Carrigan, executive director of the Smoke Free Action Network, which was among the groups that distributed a flier to legislators opposing the bill.

But Rep. Todd Rutherford argued those groups, which also include the American Cancer Society, are being shortsighted in opposing his efforts. He said his legislation would save lives because ventilation systems don't prevent secondhand smoke from reaching customers and employees.

Rutherford said waiting on a decision means there will be no statewide ban until at least next year.

''If you're in favor of letting people continue to die from exposure, then fine, put it off,'' said the Columbia Democrat, who has pushed the idea for years and came close in 2006 when the measure came within several votes of passing in the House.

''We don't do anything else based on what the Supreme Court tells us to do,'' he told legislators. ''We're not on a city council or county council. We don't have to wait.''

The state Supreme Court must resolve differences between two circuit judges' rulings on local smoking bans. A dozen or so smoking bans have already been approved in counties, cities and towns across the state. The justices heard arguments in January.

Carrigan said a smoke-free movement needs to start with local bans so residents and businesses feel they were part of the process.

''When it does get to the state level after a majority of citizens are covered, there's not a shock, it's not an issue, and enforcement is a breeze,'' he said.