South Carolina General Assembly
119th Session, 2011-2012

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Indicates Matter Stricken
Indicates New Matter

S. 94

STATUS INFORMATION

General Bill
Sponsors: Senator Alexander
Document Path: l:\s-gen\drafting\tca\020nove.jd.tca.docx
Companion/Similar bill(s): 3749

Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on Judiciary

Summary: Novelty Lighter Prohibition Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/1/2010  Senate  Prefiled
   12/1/2010  Senate  Referred to Committee on Judiciary
   1/11/2011  Senate  Introduced and read first time (Senate Journal-page 44)
   1/11/2011  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 44)
    1/9/2012  Senate  Referred to Subcommittee: Knotts (ch), Massey, Coleman

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/1/2010

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

A BILL

TO AMEND TITLE 23 OF THE 1976 CODE, BY ADDING CHAPTER 52, THE "NOVELTY LIGHTER PROHIBITION ACT", TO PROVIDE FOR THE DEFINITIONS AND THE PROHIBITION OF THE SALE OR DISTRIBUTION OF NOVELTY LIGHTERS AND TO PROVIDE PENALTIES.

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

SECTION    1.    Title 23 of the 1976 Code is amended by adding:

"CHAPTER 52

Prohibition of the Retail Sale and Distribution

of Novelty Lighters

Section 23-52-10.    This chapter may be cited as the 'Novelty Lighter Prohibition Act'.

Section 23-52-20.    As used in this chapter:

(1)    'Novelty lighter' means a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that is designed to appear to be a toy, feature a flashing light, or make musical sounds.

(2)    'Novelty lighter' does not include:

(a)    a lighter manufactured prior to January 1, 1980;

(b)    a lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame; or

(c) any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills.

Section 23-52-30.    A person may not sell as retail, offer for retail sale, or distribute for retail sale or promotion in this State a novelty lighter.

Section 23-52-40.    A person who violates this probation is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both. This section may be enforced by a state, county, or municipal law enforcement or code enforcement officer.

Section 23-52-50.    The Office of the State Fire Marshal may investigate any complaints received concerning a violation of this chapter. Upon finding a violation, the Office of the State Fire Marshal may impose a civil penalty not to exceed five hundred dollars and may seize the novelty lighters offered for sale."

SECTION    2.    This act takes effect upon approval by the Governor.

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