H 3274  General Bill, By Simrill, Rutherford, Ligon, Taylor, Loftis, Hixon, 
Gilliard, West, Bannister and King

Similar(S 492)
 A BILL 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 CIGARETTES, TOBACCO PRODUCTS, OR
 ALTERNATIVE NICOTINE PRODUCTS; AND TO PROVIDE THAT SUCH LAWS, ORDINANCES, AND
 RULES ENACTED BY A POLITICAL SUBDIVISION PRIOR TO JANUARY 1, 2019, ARE NOT
 SUBJECT TO THE PREEMPTION IMPOSED BY THIS ACT.
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   12/18/18  House  Prefiled
   12/18/18  House  Referred to Committee on Judiciary
   01/08/19  House  Introduced and read first time (House Journal-page 153)
   01/08/19  House  Referred to Committee on Ways and Means
                     (House Journal-page 153)
   01/29/19  House  Member(s) request name added as sponsor: Loftis, Hixon
   01/30/19  House  Committee report: Favorable Ways and Means
                     (House Journal-page 20)
   02/05/19  House  Member(s) request name added as sponsor:
                     Gilliard, West, Bannister
   02/06/19  House  Requests for debate-Rep(s).  Daning, Simrill,
                     Clary, Clemmons, Murphy, Forrest, Mace, Chellis,
                     B. Cox, Rose, Magnuson, Morgan, Hewitt, Bailey,
                     Sottile, Davis, Young, Hixon, Hiott, McGinnis,
                     Crawford, Hardee, Dillard, Willis, G.R. Smith,
                     Trantham, Loftis, King, Bennett, Brown,
                     Jefferson, Ballentine, Huggins (House Journal-page 57)
   02/13/19  House  Member(s) request name added as sponsor: King
   02/13/19  House  Read second time (House Journal-page 33)
   02/13/19  House  Roll call Yeas-69  Nays-37 (House Journal-page 37)
   02/27/19  House  Read third time and sent to Senate
                     (House Journal-page 31)
   02/27/19  Senate Introduced and read first time (Senate Journal-page 19)
   02/27/19  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 19)
   03/21/19  Senate Committee report: Favorable with amendment
                     Medical Affairs (Senate Journal-page 19)

COMMITTEE REPORT

March 21, 2019

H. 3274

Introduced by Reps. Simrill, Rutherford, Ligon, Taylor, Loftis, Hixon, Gilliard, West, Bannister and King

S. Printed 3/21/19--S.

Read the first time February 27, 2019.

To whom was referred a Bill (H. 3274) 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

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 line 32 and inserting:

/products, or alternative nicotine products. 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."        /

Amend the bill further, as and if amended, page 1, by striking line 38 and inserting:

/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.        /

Renumber sections to conform.

Amend title to conform.

DANIEL B. VERDIN III for Committee.

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 CIGARETTES, TOBACCO PRODUCTS, OR ALTERNATIVE NICOTINE PRODUCTS; AND TO PROVIDE THAT SUCH LAWS, ORDINANCES, AND RULES ENACTED BY A POLITICAL SUBDIVISION PRIOR TO JANUARY 1, 2019, 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.    Political subdivisions of this State may not enact any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic cigarettes, tobacco products, or alternative nicotine products."

SECTION    2.    Laws, ordinances, or rules enacted by political subdivisions of this State prior to January 1, 2019, pertaining to ingredients, flavors, or licensing of cigarettes, electronic cigarettes, tobacco products, or alternative nicotine products are exempt from the preemption imposed by this act.

SECTION    3.    This act takes effect upon approval by the Governor.