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Committee carries over bill banning smoking in vehicles with children under 12; debate on age threshold and THC inclusion
Summary
S340, which would prohibit smoking a tobacco product in a motor vehicle when a passenger under 12 is present, was carried over after lawmakers debated whether to change the age threshold (suggestions ranged from booster-seat age to older ages) and whether to expand the ban to include THC-containing products.
The Senate Transportation Committee carried over S340, legislation that would make it unlawful to smoke a tobacco product in a motor vehicle while a passenger under the age of 12 is present.
David Owens, staff to the committee, explained the bill’s operative language and a subcommittee amendment that adopts the South Carolina code definition of “tobacco product” and delays effectiveness for six months after the governor’s approval. Owens also noted a title discrepancy between the bill title and the enabling language: the title referenced “12 or under,” while the bill text targets passengers “less than 12 years old.”
Senators raised enforcement and scope questions. One senator suggested using booster-seat status rather than age to simplify officer determinations, noting booster seats are required by weight and can help identify younger children; another senator warned that departing from age-based thresholds would put the state out of step with other states, many of which use age limits. A senator from Charleston proposed amending the bill to add “products containing THC,” arguing children should be protected from any smoke in vehicles, regardless of source. Committee members asked the sponsor and interested senators to confer and return with possible amendments.
Committee procedure: senators moved to carry the bill over for further work; the motion carried by voice vote and the bill was returned to subcommittee for additional drafting.
Ending: Committee leaders said they would seek a compromise amendment before floor consideration, noting the bill’s objective — protecting children from smoke in confined vehicle spaces — while flagging implementation and definitional work.
