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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 13, 2005
S. 374
S. Printed 4/13/05--S.
Read the first time January 27, 2005.
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
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.
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
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.
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