South Carolina General Assembly
116th Session, 2005-2006

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 374

STATUS INFORMATION

General Bill
Sponsors: Senators Gregory, Jackson, Lourie and Ford
Document Path: l:\council\bills\ms\7114ahb05.doc

Introduced in the Senate on January 27, 2005
Currently residing in the Senate

Summary: Laws, ordinances, or rules pertaining to tobacco products

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/27/2005  Senate  Introduced and read first time SJ-10
   1/27/2005  Senate  Referred to Committee on Judiciary SJ-10
   2/10/2005  Senate  Referred to Subcommittee: Hawkins (ch), Cromer, Sheheen, 
                        Lourie
   4/13/2005  Senate  Committee report: Majority favorable, minority 
                        unfavorable Judiciary SJ-15

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/27/2005
4/13/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 13, 2005

S. 374

Introduced by Senator Gregory

S. Printed 4/13/05--S.

Read the first time January 27, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 374) 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

REPORT:

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, by striking SECTION 1 in its entirety and inserting:

/    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, except for smoking ordinances, 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. Nothing in this section affects the provisions of the Clean Indoor Air Act as provided in Sections 44-95-10 et seq.

(B)    Smoking ordinances in effect before the effective date of this act are exempt from the requirements of subsection (A)."    /

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

JOHN D. HAWKINS    GLENN F. McCONNELL

For Majority.    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Revenue reports this bill will have no impact on the General Fund of the State, or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

Responses from local governments indicate enactment would have no impact on expenditures.

Approved By:

Don Addy

Office of State Budget

A BILL

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.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Friday, December 4, 2009 at 3:29 P.M.