Indicates Matter Stricken

Indicates New Matter

Committee Report

March 29, 2023

S. 514

Introduced by Senators Hutto, Jackson, Sabb, Senn and Shealy

S. Printed 03/29/23--S.                                                                          [SEC 3/30/2023 7:34 PM]

Read the first time February 09, 2023

________

The committee on Senate Judiciary

To who was referred a Bill (S. 514) to amend the South Carolina Code of Laws by amending Sections 16-17-500, 16-17-501, 16-17-502, 16-17-503, 16-17-504, and 16-17-506, relating to the prevention of, etc., respectfully

Report:

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, SECTION 1.A., by striking Section 16-17-500(A), (B), (C), and (D) and inserting:

    (A) It is unlawful for an individual to sell, furnish, give, distribute, purchase for, or provide a tobacco product or an alternative nicotine product to a minor under the age of eighteen years.

    (B) It is unlawful to sell a tobacco product or an alternative nicotine product to an individual who does not present upon without a demand of proper proof of age. Failure to demand identification to verify an individual's age is not a defense to an action initiated pursuant to this subsection. Proof that is demanded, is shown, and reasonably is relied upon for the individual's proof of age is a defense to an action initiated pursuant to this subsection.

    (C) A person engaged in the sale of tobacco products or alternative nicotine products made through the internet or other remote sales methods shall perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is eighteen years of age or older and shall use a method of mailing, shipping, or delivery that requires the signature of a person at least eighteen years of age before a tobacco product or alternative nicotine product will be released to the purchaser, unless the internet or other remote sales methods employ the following protections to ensure age verification:

       (1) the customer creates an online profile or account with personal information including, but not limited to, name, address, social security information, and a valid phone number, and that personal information is verified through publicly available records;  or

       (2) the customer is required to upload a copy of his or her government-issued identification in addition to a current photograph of the customer;  and

       (3) delivery is made to the customer's name and address.

    (D) It is unlawful to sell a tobacco product or an alternative nicotine product through a vending machine unless the vending machine is located in an establishment:

       (1) which is open only to individuals who are eighteen years of age or older;  or

       (2) where the vending machine is under continuous control by the owner or licensee of the premises, or an employee of the owner or licensee, can be operated only upon activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed.

Amend the bill further, SECTION 1.A., by striking Section 16-17-500(E)(1), (2), and (3) and inserting:

    (E)(1) An individual who knowingly violates a provision of subsections (A), (B), (C), (D), or (J) in person, by agent, or in any other way is guilty of a misdemeanor and, upon conviction, must be:

           (a) for a first offense, fined not less than two hundred dollars and not more than three hundred dollars;

           (b) for a second and subsequent offense, fined not less than four hundred dollars and not more than five hundred dollars, imprisoned for not more than thirty days, or both.

       (2) In lieu of the fine, The the court may require an individual, at the expense of the tobacco retailer or tobacco retail establishment, to successfully complete a Department of Alcohol and Other Drug Abuse Services approved merchant tobacco enforcement education program.

       (3) A tobacco retailer who knowingly violates or permits an employee to violate a provision of subsections (A), (B), (C), (D), or (J) in the tobacco retail establishment must be:

           (a) for a first violation, issued a warning;

           (b) for a second violation within a thirty-six month period, fined not less than three hundred dollars;

           (c) for a third violation within a thirty-six month period, fined not less than six hundred dollars; and

           (d) for a fourth and any subsequent violation within a thirty-six month period, fined not less than one thousand two hundred dollars and the tobacco retailer's retail license is suspended for the purposes of selling or distributing tobacco products for a period of at least seven days and no greater than thirty days. A tobacco retailer or tobacco retail establishment may request a contested case hearing for the suspension of the retail license in front of the South Carolina Administrative Law Court, pursuant to the South Carolina Administrative Procedures Act, Section 1-23-310 et seq.

       (4) In lieu of the fine and suspension of a retail license for the purposes of selling or distributing tobacco products, the court may require the tobacco retailer or tobacco retail establishment's employees, at the expense of the tobacco retailer or tobacco retail establishment, to successfully complete a Department of Alcohol and Other Drug Abuse Services approved merchant tobacco enforcement education program.

       (5) Failure of an individual to require identification for the purpose of verifying a person's age is prima facie evidence of a violation of this section.

Amend the bill further, SECTION 1.A., by striking Section 16-17-500(F)(1)(b) and inserting:

           (b) A minor under the age of eighteen years is prohibited from entering a tobacco retail establishment that has as its primary purpose the sale of tobacco produc