South Carolina General Assembly
123rd Session, 2019-2020

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S. 396

STATUS INFORMATION

General Bill
Sponsors: Senator Hutto
Document Path: l:\council\bills\cc\15454vr19.docx
Companion/Similar bill(s): 3420, 3422

Introduced in the Senate on January 22, 2019
Currently residing in the Senate Committee on Judiciary

Summary: Youth Access to Tobacco Prevention Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/22/2019  Senate  Introduced and read first time (Senate Journal-page 6)
   1/22/2019  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 6)
   2/27/2019  Senate  Referred to Subcommittee: Hutto (ch), Shealy, Young, 
                        McLeod, Senn

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/22/2019

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2006", SO AS TO PROHIBIT MINORS FROM ENTERING RETAIL ESTABLISHMENTS THAT PRIMARILY SELL TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR BOTH, AND TO STRENGTHEN AGE VERIFICATION REQUIREMENTS FOR INTERNET SALES OF ALTERNATIVE NICOTINE PRODUCTS AND TOBACCO PRODUCTS; TO AMEND SECTION 16-17-501, RELATING IN PART TO THE DEFINITION OF "ALTERNATIVE NICOTINE PRODUCT", SO AS TO CHANGE THE DEFINITION; BY ADDING SECTION 59-1-380 SO AS TO PROHIBIT THE USE OR POSSESSION OF ANY TOBACCO PRODUCT OR ALTERNATIVE NICOTINE PRODUCT IN PUBLIC SCHOOLS; AND TO AMEND SECTION 44-95-20, RELATING IN PART TO THE PROHIBITION OF SMOKING IN PUBLIC SCHOOLS AND PRESCHOOLS, SO AS TO ELIMINATE THE EXCLUSION FOR PRIVATE OFFICES AND TEACHERS LOUNGES.

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

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.

(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.

(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 and shall determine whether a person is at least eighteen years by requiring proper proof of age in accordance with subsection (B).

(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.'

(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.

(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 product, including electronic cigarettes, that consists of or contains nicotine or other substances 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.

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This web page was last updated on February 27, 2019 at 9:18 AM