Reference is to Printer's Date 12/18/18-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-17-500(C), (E)(1), (F)(1), and (J) of the 1976 Code is amended to read:
"(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 creation of a customer online profile with
information to include a social security number and valid phone
number;
(2)
the uploading of a valid government-issued
photo identification of the customer; and
(3)
delivery made only to the named recipient.
(E)(1) An individual
who knowingly violates a provision of subsections (A), (B), (C),
or (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 one hundred
dollars nor more than two hundred dollars;
(b)
for a second offense, which occurs within three years of
the first offense, fined not less than two hundred dollars nor
more than three hundred dollars;
(c)
for a third or subsequent offense, which occurs within
three years of the first offense, fined not less than three
hundred dollars nor more than four hundred dollars.
(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 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.
(J)(1) A
retail establishment that has as its primary purpose the sale of
tobacco products, alternative nicotine products, or both, must
prohibit minors under the age of eighteen years of age from
entering the retail establishment, unless the minor is actively
supervised and accompanied by an adult, and shall determine
whether a person is at least eighteen years by requiring proper
proof of age in accordance with subsection (B), prior to the
purchase of a tobacco or alternative nicotine product.
(2)
A retail establishment described in item (1)
must conspicuously post on all entrances to the establishment
the following:
(a)
a sign in boldface type that states 'NOTICE: It
is unlawful for a person under eighteen years of age to enter
this store, unless the minor is actively supervised and
accompanied by an adult. Age will be verified prior to
purchase.'
(b)
a sign printed in letters and numbers at least
one-half inch high that displays a toll free number for
assistance to callers in quitting smoking, as determined by the
Department of Health and Environmental Control.
(3)
For purposes of this section, whether a retail
establishment has as its primary purpose the sale of tobacco
products, alternative nicotine products, or both, must be based
on the totality of the circumstances. Facts that must be
considered, but not be limited to, are the retail
establishment's business filings, business name and signage,
marketing and other advertisements, and the percentage of
revenue and inventory directly related to the sale of tobacco
and alternative nicotine products.
(K)
Notwithstanding any other provision of law, a violation of
this section does not violate the terms and conditions of an
establishment's beer and wine permit and is not grounds for
revocation or suspension of a beer and wine permit."
SECTION 2. A. The undesignated clause in Section 16-17-501 of the 1976 Code is amended to read:
"As used in this section and Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-504:"
B. Section 16-17-501(6) of the 1976 Code is amended to read:
"(6) 'Alternative
nicotine product' means a any vaping
product, whether or not it includes nicotine, including
electronic cigarettes, that consists of or contains
nicotine that can be ingested into the body by chewing,
smoking, absorbing, dissolving, inhaling, or by any other means.
'Alternative nicotine product' does not include:
(a)
a cigarette, as defined in Section 12-21-620, or other
tobacco products, as defined in Section 12-21-800;
(b)
a product that is a drug pursuant to 21 U.S.C.
321(g)(1);
(c)
a device pursuant to 21 U.S.C. 321(h); or
(d)
a combination product described in 21 U.S.C. 353(g)."
SECTION 3. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-380.
(A) By August 1, 2019, every local
school district in the State shall adopt, implement, and enforce
a written policy prohibiting at all times the use of any tobacco
product or alternative nicotine product by any person in school
buildings, in school facilities, on school campuses, and in or
on any other school property owned or operated by the local
school administrative unit. The policy also must prohibit the
use of any tobacco product or alternative nicotine product by
persons attending a school-sponsored event at a location not
listed in this subsection when in the presence of students or
school personnel or in an area where smoking or other tobacco
use is otherwise prohibited by law.
(B) The policy must
include at least all of the following elements:
(1)
adequate notice to students, parents or guardians, the
public, and school personnel of the policy;
(2)
posting of signs prohibiting at all times the use of
tobacco products or alternative nicotine products by any person
in and on school property; and
(3)
requirements that school personnel enforce the policy,
including appropriate disciplinary action.
(C) Disciplinary
actions for violating the policy may include, but not be limited
to:
(1)
for students: administrator and parent or legal guardian
conference, mandatory enrollment in tobacco prevention education
or cessation programs, community service, in-school suspension,
suspension for extracurricular activities, or out-of-school
suspension.
(2)
for staff: verbal reprimand, written notification in
personnel file, mandatory enrollment in tobacco prevention
education, voluntary enrollment in cessation programs, or
suspension;
(3)
for contract or other workers: verbal reprimand,
notification to contract employer, or removal from district
property; and
(4)
for visitors: verbal request to leave district property or
prosecution for disorderly conduct for repeated offenses.
(D) The local school
district shall collaborate with the Department of Health and
Environmental Control, the Department of Alcohol and Other Drug
Abuse Services, and the South Carolina Department of Education,
as appropriate, to implement the policy, including as part of
tobacco education and cessation programs and substance use
prevention efforts.
(E) The policy may
permit tobacco products or alternative nicotine products to be
included in instructional or research activities in public
school buildings if the activity is conducted or supervised by
the faculty member overseeing the instruction or research and
the activity does not include smoking, chewing, inhaling, or
otherwise ingesting the tobacco product or alternative nicotine
product.
(F) For purposes of
this section:
(1)
'Tobacco product' has the same meaning as defined in
Section 16-17-501.
(2)
'Alternative nicotine product' has the same meaning as
defined in Section 16-17-501."
SECTION 4. Section 44-95-20(1) of the 1976 Code is amended to read:
"(1) public
schools and preschools where routine or regular
kindergarten, elementary, or secondary educational classes are
held including libraries. Private offices and teacher lounges
which are not adjacent to classrooms or libraries are excluded.
However, this exclusion does not apply if the offices and
lounges are included specifically in a directive by the local
school board. This section does not prohibit school district
boards of trustees from providing for a smoke-free
campus;"
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.