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Indicates New Matter

H. 3681

STATUS INFORMATION

General Bill
Sponsors: Reps. Simrill, Rutherford, Bannister, West and Lowe
Document Path: l:\council\bills\cc\15943vr21.docx
Companion/Similar bill(s): 498

Introduced in the House on January 14, 2021
Introduced in the Senate on April 8, 2021
Last Amended on April 7, 2021
Currently residing in the Senate

Summary: Smoking

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/14/2021  House   Introduced and read first time (House Journal-page 548)
   1/14/2021  House   Referred to Committee on Judiciary 
                        (House Journal-page 548)
    4/6/2021  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 100)
    4/7/2021  House   Amended (House Journal-page 14)
    4/7/2021  House   Read second time (House Journal-page 14)
    4/7/2021  House   Roll call Yeas-80  Nays-23 (House Journal-page 16)
    4/8/2021  House   Read third time and sent to Senate (House Journal-page 6)
    4/8/2021  Senate  Introduced and read first time (Senate Journal-page 10)
    4/8/2021  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 10)
   4/22/2021  Senate  Polled out of committee Medical Affairs 
                        (Senate Journal-page 8)
   4/22/2021  Senate  Committee report: Favorable Medical Affairs 
                        (Senate Journal-page 8)

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/14/2021
4/6/2021
4/7/2021
4/22/2021

POLLED OUT OF COMMITTEE

MAJORITY FAVORABLE

April 22, 2021

H. 3681

Introduced by Reps. Simrill, Rutherford, Bannister, West and Lowe

S. Printed 4/22/21--S.

Read the first time April 8, 2021.

To whom was referred a Bill (H. 3681) to amend the Code of Laws of South Carolina, 1976, by adding Section 44-95-45 so as to provide that political subdivisions of this state may not enact , etc., respectfully

Has polled the Bill out majority favorable.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-45 SO AS TO PROVIDE THAT POLITICAL SUBDIVISIONS OF THIS STATE MAY NOT ENACT ANY LAWS, ORDINANCES, OR RULES PERTAINING TO INGREDIENTS, FLAVORS, OR LICENSING OF CIGARETTES, ELECTRONIC SMOKING DEVICES, E-LIQUID, VAPOR PRODUCTS, TOBACCO PRODUCTS, OR ALTERNATIVE NICOTINE PRODUCTS; AND TO PROVIDE THAT SUCH LAWS, ORDINANCES, AND RULES ENACTED BY A POLITICAL SUBDIVISION PRIOR TO DECEMBER 31, 2020, ARE NOT SUBJECT TO THE PREEMPTION IMPOSED BY THIS ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 95, Title 44 of the 1976 Code is amended by adding:

"Section 44-95-45.    (A)    Political subdivisions of this State may not enact any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing, beyond a general business license, related to the sale of the following products:

(1)    cigarettes, as defined in Section 12-21-620;

(2)    electronic smoking devices, e-liquid, vapor products, tobacco products, or alternative nicotine products, each as defined in Section 16-17-501; or

(3)    any other product containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means.

(B)    Nothing in this section shall be construed to interfere with a political subdivision's authority to determine its own public use policies relating to any of the products referenced in this section."

SECTION    2.    Laws, ordinances, or rules enacted by political subdivisions of this State prior to December 31, 2020, pertaining to ingredients, flavors, or licensing, related to the sale of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, alternative nicotine products, or any other products containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means, and municipal code amendments to said laws, ordinances, or rules, are exempt from the preemption imposed by this act. Nothing in this act shall be construed to interfere with a political subdivision's authority to determine its own public use policies relating to any of the products referenced in this act.

SECTION    3.    Nothing in this act shall be construed to interfere with a political subdivision's authority under Chapter 29, Title 6, including, without limitation, with respect to land use regulation, land development regulation, zoning, or permitting.

SECTION    4.    This act takes effect upon approval by the Governor.

This web page was last updated on April 23, 2021 at 8:54 AM