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COMMITTEE REPORT
April 13, 2005
S. 384
Introduced by Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins
S. Printed 4/13/05--S.
Read the first time February 1, 2005.
To whom was referred a Bill (S. 384) to amend Section 16-17-500, as amended, Code of Laws of South Carolina, 1976, relating to supplying minors with tobacco or cigarettes, so as to, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 16-17-500 of the 1976 Code, as last 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, distribute, purchase for, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefore a tobacco product. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall 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 less than sixty days, or both.
One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.
(B) Tobacco products may be accessible only in vending machines located in an establishment:
(1) which is open only to persons 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. The owner, licensee, or employee must demand proof of age from a prospective purchaser if he has reasonable grounds to believe the prospective purchaser is less than eighteen years of age. Proof that an owner, licensee, or employee demanded, was shown, and reasonably relied upon an individual's proof of age is a defense to any action brought pursuant to this subsection. Vending machines which distribute tobacco products in establishments must meet the requirements of this subsection within one hundred twenty days after the effective date of this subsection or the machines must be removed.
(C)(1) It is unlawful for an individual less than eighteen years of age to purchase, accept receipt of, or possess, or attempt to purchase, attempt to accept receipt of, or attempt to possess a tobacco product, or to present or offer to a person proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.
(2) This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.
(D)(1) An individual who intentionally or knowingly violates a provision contained in this section either in person, by agent, or in any other way, is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, by a fine not less than fifty dollars nor more than one hundred dollars;
(b) for a second offense, which occurs within three years of the first offense, by a fine not less than one hundred dollars nor more than two hundred dollars;
(c) for a third or subsequent violation, which occurs within three years of the first offense, by a fine not less than two hundred dollars nor more than three hundred dollars.
(2) The fine must be paid to the municipal clerk of court or magistrate, as appropriate, and deposited with the city or county treasurer, as appropriate. The city or county treasurer, as appropriate, must remit fifty percent of the fine to the State Treasurer. The State Treasurer must deposit the fine received to the Department of Health and Environmental Control to be used for the department's Youth Smoking Prevention Plan.
(E) A violation of this section is triable exclusively in either municipal or magistrate court.
(F) In lieu of the penalties contained in subsection (D), a court may require an individual who is less than eighteen years of age who illegally purchases, accepts receipt of, or possesses, or attempts to purchase, accept receipt of, or possess a tobacco product to perform not less than twenty hours of community service for a first offense and not less than forty hours of community service for a second or subsequent offense. If the individual successfully completes a Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, then the court must reduce the fine or required hours of community service by not less than fifty percent.
(G) An individual who is less than eighteen years of age and who has been convicted of violating a provision of this section may request to have his record expunged upon becoming eighteen years of age. If the individual has paid any fine imposed upon him or successfully completed any court-ordered community service and Department of Health and Environmental Control approved smoking cessation or tobacco prevention programs, then the individual's record must be expunged.
(H) A violation of this section 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.
(I) 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." /
Renumber sections to conform.
Amend title to conform.
JOHN D. HAWKINS for Committee.
EXPLANATION OF IMPACT:
The State Law Enforcement Division (SLED) indicates there will be no impact on the General Fund of the State or on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
Responses from five local governments indicate enactment would have little or no impact on expenditures. One local government estimated cost of enforcement at approximately $25,000 annually.
SPECIAL NOTES:
The Board of Economic Advisors is the appropriate entity to address any revenue impact associated with this bill.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-500 of the 1976 Code, as last 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, distribute, purchase for, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefore a tobacco product. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall 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 less than sixty days, or both.
One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.
(B)(1) It is unlawful for an individual less than eighteen years of age to purchase, accept receipt of, or possess, or attempt to purchase, attempt to accept receipt of, or attempt to possess a tobacco product, or to present or offer to a person proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.
(2) This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.
(C)(1) An individual who intentionally or knowingly violates a provision contained in this section either in person, by agent, or in any other way, is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, by a fine not less than one hundred dollars;
(b) for a second offense, which occurs within three years of the first offense, by a fine not less than two hundred dollars; and
(c) for a third or subsequent offense, which occurs within three years of the first offense, by a fine not less than three hundred dollars.
(2) All fines must be placed in the state general fund and distributed in the following manner:
(a) one-half must be distributed to the treasurer of the county in which the conviction occurred; and
(b) one-half must be distributed to the Department of Health and Environmental Control to be used for the department's Youth Smoking Prevention Plan.
(D) A violation of this section is triable exclusively in either municipal or magistrate court.
(E) In lieu of the penalties contained in subsection (C), a court may require an individual who is less than eighteen years of age who illegally purchases or possesses a tobacco product to perform not less than twenty hours of community service for a first offense and not less than forty hours of community service for a second or subsequent offense.
(F) An individual who is less than eighteen years of age and who has been convicted of violating a provision of this section may have his record expunged upon becoming eighteen years of age if he has paid any fine imposed upon him and successfully completed any court-ordered community service."
SECTION 2. This act takes effect upon approval by the Governor.
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