Committee Report

March 30, 2023

H. 3681

Introduced by Reps. West, Long, Rutherford, Bannister, Bradley, Chumley, Hiott and Hixon

 

S. Printed 03/30/23--H.                                                                           [SEC 4/3/2023 1:39 PM]

Read the first time January 12, 2023

 

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The committee on House Medical, Military, Public and Municipal Affairs

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

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

SYLLESTE DAVIS for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

Local Expenditure

This bill prohibits political subdivisions in South Carolina from enacting laws, ordinances, or rules pertaining to ingredients, flavors, or licensing, beyond a general business license, for the sale of the following:

cigarettes;

electronic smoking devices, e-liquid, vapor products, tobacco products, or alternative nicotine products; or

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

 

Laws, ordinances, or rules enacted by political subdivisions prior to December 31, 2020, and municipal code amendments are exempt from the preemption imposed by this bill. 

 

RFA contacted all forty-six county governments and MASC regarding the expenditure impact of this bill and received responses from two counties and the MASC.  Both counties indicate that the bill will have no impact since it requires them to perform activities that will be conducted in the normal course of business.  Likewise, the MASC indicates that the bill will have no impact on municipal governments.  Therefore, we do not expect this bill will have an expenditure impact on local governments. 

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

to amend the South Carolina Code of Laws 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 S.C. 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.

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