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H. 3404
STATUS INFORMATION
General Bill
Sponsors: Rep. Altman
Document Path: l:\council\bills\gjk\20109sl03.doc
Introduced in the House on January 22, 2003
Currently residing in the House Committee on Judiciary
Summary: Underage tobacco distribution/possession provisions changed from eighteen to twenty-one years
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/22/2003 House Introduced and read first time HJ-26 1/22/2003 House Referred to Committee on Judiciary HJ-26
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8927 SO AS TO PROHIBIT A PERSON UNDER THE AGE OF TWENTY-ONE FROM PURCHASING OR POSSESSING TOBACCO PRODUCTS; TO AMEND SECTION 16-17-500, AS AMENDED, RELATING TO SUPPLYING A MINOR WITH TOBACCO, SO AS TO MAKE IT UNLAWFUL TO SUPPLY A PERSON UNDER THE AGE OF TWENTY-ONE WITH TOBACCO PRODUCTS; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS USED IN CONNECTION WITH TOBACCO DISTRIBUTION TO MINORS, SO AS TO CHANGE THE REFERENCE FROM AN INDIVIDUAL EIGHTEEN YEARS OF AGE OR OLDER TO ONE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 16-17-502, RELATING TO DISTRIBUTION OF TOBACCO PRODUCT SAMPLES, SO AS TO MAKE IT UNLAWFUL TO SUPPLY A PERSON UNDER THE AGE OF TWENTY-ONE WITH TOBACCO PRODUCT SAMPLES AND TO PROVIDE THAT A PERSON DISTRIBUTING TOBACCO PRODUCT SAMPLES SHALL DEMAND PROOF OF A PROSPECTIVE RECIPIENT'S AGE IF HE APPEARS TO BE UNDER THE AGE OF TWENTY-ONE; TO AMEND SECTION 16-17-503, RELATING TO ENFORCEMENT AND REPORTING REQUIREMENTS OF TOBACCO RELATED OFFENSES, SO AS TO CHANGE THE REFERENCE FROM PERSONS UNDER THE AGE OF EIGHTEEN TO PERSONS UNDER THE AGE OF TWENTY-ONE; TO AMEND SECTION 40-6-230, AS AMENDED, RELATING TO AUCTIONEERS OF TOBACCO AND LIVESTOCK, SO AS TO ADD A PROVISION STATING THAT AUCTIONING TOBACCO IS NOT POSSESSION OF TOBACCO; AND TO AMEND SECTIONS 44-128-20 AND 44-128-50, BOTH RELATING TO SOUTH CAROLINA YOUTH SMOKING PREVENTION, SO AS TO CHANGE REFERENCES TO MINORS FROM PEOPLE UNDER THE AGE OF EIGHTEEN TO PEOPLE UNDER THE AGE OF TWENTY-ONE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 23, Article 30, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-8927. (A) A person under the age of twenty-one may not purchase or knowingly possess tobacco products. Possession is prima facie evidence that the tobacco product is knowingly possessed.
(B) A person may not falsely represent his age for the purpose of procuring tobacco products.
(C) 'Tobacco products' include, but are not limited to, cigarettes, tobacco, cigarette paper, or a substitute for them."
SECTION 2. Section 16-17-500 of the 1976 Code, as amended by Act 445 of 1996, is further amended to read:
"Section 16-17-500. (A) It shall be is unlawful for any a person to sell, furnish, give, or provide any minor a person under the age of eighteen years twenty-one with cigarettes, tobacco, cigarette paper, or any substitute therefore tobacco products. Any A person violating the provisions of this section, either in person, by agent, or in any other another way, shall be is guilty of a misdemeanor and, upon indictment and conviction, therefor shall be must be punished as follows:
(1) for a first offense, by a fine not exceeding twenty-five dollars;
(2) for a second offense, by a fine not exceeding fifty dollars; and
(3) for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor and not less than sixty days, or both.
(B) One-half of any a fine imposed shall must be paid to the informer of the offense and the other half to the treasurer of the county in which such of the conviction shall be had."
SECTION 3. Section 16-17-501(2) of the 1976 Code, as added by Act 445 of 1996, is amended to read:
"(2) 'Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen twenty-one years of age or older."
SECTION 4. Section 16-17-502(A) and (B) of the 1976 Code, as added by Act 445 of 1996, is amended to read:
"(A) It is unlawful for a person to distribute a tobacco product sample to a person under the age of eighteen years twenty-one.
(B) A person engaged in sampling shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years twenty-one."
SECTION 5. Section 16-17-503(A) of the 1976 Code, as added by Act 445 of 1996, is amended to read:
"(A) The Director of the Department of Revenue shall provide for the enforcement of Section 16-17-502 in a manner that reasonably may be expected to reduce the extent to which tobacco products are sold or distributed to persons under the age of eighteen years twenty-one and annually shall conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with the section. The department shall designate an enforcement officer to conduct the annual inspections. Penalties collected pursuant to Section 16-17-502 must be used to offset the costs of enforcement."
SECTION 6. Section 40-6-230 of the 1976 Code, as amended by Act 318 of 2000, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) For purposes of this section, auctioning tobacco is not possession of a tobacco product under Section 20-7-8927."
SECTION 7. Section 44-128-20 of the 1976 Code is amended to read:
"Section 44-128-20. (A) The Department of Health and Environmental Control shall develop and implement a Youth Smoking Prevention Plan for the purpose of preventing and reducing cigarette smoking by minors people under the age of twenty-one.
(B) The Youth Smoking Prevention Plan must address prevention, cessation, and control of smoking by minors people under the age of twenty-one and may include, but is not limited to:
(1) media campaigns;
(2) school based youth programs;
(3) community based youth programs;
(4) business, community, and school partnerships;
(5) programs focusing on the enforcement and administration of state minor related tobacco laws, including retailer education;
(6) surveillance and evaluations;
(7) chronic disease and health-related programs.
(C)(1) To assist in carrying out the purposes of the plan, the department may award youth smoking prevention grants to local agencies, organizations, and entities based on criteria developed by the department.
(2) As a condition for the receipt of funds under this chapter, a grantee shall agree to file a report with the advisory commission, as to the following:
(a) amount received as a grant and the expenditures made with the proceeds of the grant;
(b) a description of the program offered and the number of youths who participated in the program; and
(c) specific elements of the program meeting the criteria set forth in the state plan.
(D) The state plan further shall provide for a grant for an annual statewide school-based survey to measure cigarette use and behaviors towards cigarette use by individuals in grades 6-12 sixth through twelfth. This survey shall:
(1) involve a statistically valid sample of the individuals in each grade from sixth through twelfth;
(2) not include any individual who is eighteen twenty-one years of age or older; and
(3) be made available to the public, along with the resulting date, excluding respondent identities and respondent-identifiable date."
SECTION 8. Section 44-128-50(B)(3)(d) of the 1976 Code is amended to read:
"(d) two youths between the ages of twelve and eighteen twenty-one; and"
SECTION 9. This act takes effect upon approval by the Governor.
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