A bill

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 youth access to tobacco and other nicotine products, so as to change the definition of "tobacco product" and add definitions for "tobacco retail establishment" and "tobacco retailer"; to prohibit minors from entering a tobacco retail establishment; to change certain penalties for tobacco retailer violations; to require tobacco retailers to secure and display a tobacco retail sales license from the department of revenue and to establish an associated fee and a penalty for violation; to make technical corrections; and for other purposes; and by amending Section 59-1-380, relating to the Mandatory public school tobacco-free campus policy, so as to make conforming changes.

Whereas, South Carolina recognizes that the use of tobacco products has devastating health and economic consequences; and

Whereas, commercial tobacco use is the foremost preventable cause of premature death in America, causing nearly half a million deaths annually and 20.8 million premature deaths in the United States since the first Surgeon General's report on smoking in 1964; and

Whereas, tobacco product use leads to more than $600 billion in health care and lost worker productivity costs in the United States each year; and

Whereas, South Carolina further recognizes that young people are particularly susceptible to the addictive properties of tobacco products, and youth that begin using tobacco products are particularly likely to become lifelong users; and

Whereas, young brains are particularly susceptible to the addictive properties of nicotine and as a result, approximately 3 out of 4 teen smokers end up smoking into adulthood; and

Whereas, an estimated 5.6 million of today's American youth ages 0 to 17 are projected to die prematurely from a commercial tobacco-related illness if prevalence rates do not change; and

Whereas, data from the 2021 National Youth Tobacco Survey demonstrates that youth use of e-cigarettes continues to increase with 11.3% of high school students reporting current e-cigarette use; and

Whereas, the overall use rate of e-cigarettes among youth continues to be higher than other forms of tobacco and has stymied previous progress in the reduction of the overall tobacco use rate for youth; and

Whereas, local governments have used their authority to enact tobacco control policies to protect communities from tobacco-related harms and youth tobacco initiation. Now, therefore,

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

SECTION 1.A.   Sections 16-17-500 through 16-17-504 of the S.C. Code are amended to read:

   Section 16-17-500.   (A) It is unlawful for an individual a tobacco retail establishment 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 for a tobacco retail establishment 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 tobacco retailer or tobacco retail establishment 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 for a tobacco retail establishment 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.

   (E)(1) An individual A tobacco retailer 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; for a first violation, fined not less 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.for a second violation within a thirty six month period, fined not less than six hundred dollars and the tobacco retailer is prohibited from distributing tobacco products for a minimum of seven days;

         (c) for a third violation within a thirty six month period, fined not less than nine hundred dollars and the tobacco retailer is prohibited from distributing tobacco products for a minimum of thirty days; 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 is prohibited from distributing tobacco products for a period of three years.

      (2) In lieu of the fine, The court may require an individual 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.

      (3) 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.

         (F)(1)(a) A minor under the age of eighteen years must not purchase, attempt to purchase, possess, or attempt to possess a tobacco product or an alternative nicotine product, or present or offer proof of age that is false or fraudulent for the purpose of purchasing or possessing these products.

         (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 products, alternative nicotine products, or both, unless the minor is actively supervised and accompanied by an adult.

         (c) The provisions of this subsection do not apply to a minor under the age of eighteen who is recruited and authorized by a law enforcement agency to test an establishment's compliance with laws relating to the unlawful transfer of tobacco or alternative nicotine products. The testing must be conducted under the direct supervision of a law enforcement agency, and the law enforcement agency must have the minor's parental consentof a parent or legal guardian of the minor.

      (2) A minor who knowingly violates a provision of item (1) in person, by agent, or in any other way misrepresents his age to purchase or attempt to purchase a tobacco product commits a noncriminal offense and is subject to a civil fine of twenty-five dollars. The civil fine is subject to all applicable court costs, assessments, and surcharges.

      (3) In lieu of the civil fine, The court may require a minor to successfully complete a Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, a South Carolina Department of Alcohol and Other Drug Abuse Services tobacco prevention program or to perform not more than five hours of community service for a charitable institution.

      (4) If a minor fails to pay the civil fine, successfully complete a smoking cessation or tobacco prevention program, or perform the required hours of community service as ordered by the court, the court may restrict the minor's driving privileges to driving only to and from school, work, and church, or as the court considers appropriate for a period of ninety days beginning from the date provided by the court. If the minor does not have a driver's license or permit, the court may delay the issuance of the minor's driver's license or permit for a period of ninety days beginning from the date the minor applies for a driver's license or permit. Upon restricting or delaying the issuance of the minor's driver's license or permit, the court must complete and remit to the Department of Motor Vehicles any required forms or documentation. The minor is not required to submit his driver's license or permit to the court or the Department of Motor Vehicles. The Department of Motor Vehicles must clearly indicate on the minor's driving record that the restriction or delayed issuance of the minor's driver's license or permit is not a traffic violation or a driver's license suspension. The Department of Motor Vehicles must notify the minor's parent, guardian, or custodian of the restriction or delayed issuance of the minor's driver's license or permit. At the completion of the ninety-day period, the Department of Motor Vehicles must remove the restriction or allow for the issuance of the minor's license or permit. No record may be maintained by the Department of Motor Vehicles of the restriction or delayed issuance of the minor's driver's license or permit after the ninety-day period. The restriction or delayed issuance of the minor's driver's license or permit must not be considered by any insurance company for automobile insurance purposes or result in any automobile insurance penalty, including any penalty under the Merit Rating Plan promulgated by the Department of Insurance.

      (5) A violation of this subsection is not a criminal or delinquent offense and no criminal or delinquent record may be maintained. A minor may not be detained, taken into custody, arrested, placed in jail or in any other secure facility, committed to the custody of the Department of Juvenile Justice, or found to be in contempt of court for a violation of this subsection or for the failure to pay a fine, successfully complete a smoking cessation or tobacco prevention program, or perform community service.

      (6)(5) A violation of this subsection is not grounds for denying, suspending, or revoking an individual's participation in a state college or university financial assistance program including, but not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, or a need-based grant.

      (7) The uniform traffic ticket, established pursuant to Section 56-7-10, may be used by law enforcement officers for a violation of this subsection. A law enforcement officer issuing a uniform traffic ticket pursuant to this subsection must immediately seize the tobacco product or alternative nicotine product. The law enforcement officer also must notify a minor's parent, guardian, or custodian of the minor's offense, if reasonable, within ten days of the issuance of the uniform traffic ticket.

   (G) This section does not apply to the possession of a tobacco product or an alternative nicotine product by a minor working within the course and scope of his duties as an employee or participating within the course and scope of an authorized inspection or compliance check.

   (H) Jurisdiction to hear a violation of this section is vested exclusively in the municipal court and the magistrates court. A hearing pursuant to subsection (F) must be placed on the court's appropriate docket for traffic violations, and not on the court's docket for civil mat