Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 28, 2024

 

H. 4817

 

Introduced by Rep. West and G.M. Smith

 

S. Printed 02/28/24--H.                                                                           [SEC 3/1/2024 1:25 PM]

Read the first time January 10, 2024

 

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The committee on House Medical, Military, Public and Municipal Affairs

To whom was referred a Bill (H. 4817) to amend the South Carolina Code of Laws by amending Section 16-17-500, relating to the sale or purchase of tobacco products to minors without proof of age and the, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

S.H. DAVIS for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill prohibits the sale of an alternative nicotine product to a person who does not present proof of age.  The bill also specifies that it unlawful to sell an alternative nicotine product or tobacco product through a vending machine unless the machine is located in an establishment that is only open to those aged eighteen or older or under continuous control by the owner or licensee of the premises or his employee; can only be operated by activation by the owner, licensee, or employee before each purchase; and is not accessible to the public when the establishment is closed.

 

A tobacco retailer or establishment may request that the ALC hear a contested case for the fine or prohibition from selling tobacco products.  Additionally, SLED may enforce the provisions related to distribution of tobacco products, and DOR may assess administrative penalties against non-compliant retailers.  Further, the court may require the tobacco retailer or its employees, at the expense of the establishment, to successfully complete a DAODAS-approved merchant tobacco enforcement education course.

The bill will result in no expenditure impact for SLED, the ALC, DOR, and DAODAS, as these agencies anticipate being able to manage the responsibilities resulting from the bill with existing staff and within existing appropriations.

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-17-500, RELATING TO THE SALE OR PURCHASE OF TOBACCO PRODUCTS TO MINORS WITHOUT PROOF OF AGE AND THE LOCATION OF VENDING MACHINES, SO AS TO INCLUDE ALTERNATIVE NICOTINE PRODUCTS AND TO REQUIRE INDIVIDUALs SEEKING TO PURCHASE TOBACCO PRODUCTs OR ALTERNATIVE NICOTINE PRODUCTs TO PRESENT PROOF OF AGE UPON DEMAND, AND TO ALLOW THE PURCHASE OF TOBACCO PRODUCTS AND ALTERNATIVE NICOTINE PRODUCTS FROM VENDING MACHINES IN CERTAIN ESTABLISHMENTS.

 

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

 

SECTION 1.  Section 16-17-500(B) and (D) of the S.C. Code is amended to read:

 

    (B) It is unlawful to sell a tobacco product or an alternative nicotine product to an individual without awho does not present upon 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.

 

    (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 by activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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