View Amendment Current Amendment: 1 to Bill 3681

The Committee on Judiciary proposes the following Amendment No. 1 to H. 3681 (COUNCIL\VR\3681C001.CC.VR21):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking all after the eacting words and inserting:

/ 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."

SECTION2. 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.

SECTION3. 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.

SECTION4. This act takes effect upon approval by the Governor . /