FOR AN ACT ENTITLED, An Act to allow counties and municipalities to regulate use, distribution, marketing, promotion, and sale of tobacco products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 10-50-64 be amended to read as follows:
     10-50-64.   The Legislature is the exclusive regulator of all may regulate matters relating to the use of tobacco products. Any municipality for the area within the municipal boundaries, and any county for the area outside of any municipal boundaries may provide, by ordinance, for regulations relating to the use, distribution, marketing, promotion, and sale of tobacco products that are more restrictive than those provided for by the Legislature. Nothing prohibits a person or a public entity from voluntarily regulating the use of tobacco products on the person's or entity's property.
     Section  2.  That § 34-46-6 be amended to read as follows:
     34-46-6.   Enforcement of this chapter shall be implemented in an equitable and uniform manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the state now receives or may receive relating to the provisions of this chapter. For the purposes of equitable and uniform regulation and implementation, the Legislature through

this chapter is the exclusive regulator of all may regulate matters relating to the distribution, marketing, promotion, and sale of tobacco products. Any municipality for the area within the municipal boundaries, and any county for the area outside of any municipal boundaries may provide, by ordinance, for regulations relating to the use, distribution, marketing, promotion, and sale of tobacco products that are more restrictive than those provided for by the Legislature.