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3015Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010109Primary Sponsor: KirshAll Sponsors: Kirsh, WilderDrafted Document Number: l:\council\bills\dka\3995mm01.docResiding Body: HouseCurrent Committee: Ways and Means Committee 30 HWMSubject: Cigarette rolling paper, tax imposed on, unlawful to supply to minors; Agriculture, Tobacco, Crimes, TaxationHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010109 Introduced, read first time, 30 HWM referred to Committee House 20001206 Prefiled, referred to Committee 30 HWM Versions of This Bill
TO AMEND SECTION 12-21-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO IMPOSE A TAX ON CIGARETTE ROLLING PAPER; AND TO AMEND SECTION 16-17-500, AS AMENDED, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO CLARIFY THAT IT IS UNLAWFUL TO SUPPLY CIGARETTE ROLLING PAPER TO MINORS, TO REVISE PENALTIES FOR VIOLATION, TO PROVIDE THAT A VIOLATION MUST BE TRIED IN MAGISTRATE'S COURT, AND TO PROVIDE FOR DISBURSEMENT TO THE TREASURER OF FINES COLLECTED IN HIS CITY OR COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-21-620(1) of the 1976 Code, as last amended by Act 239 of 1996, is further amended to read:
"(1) upon all cigarettes made of tobacco or
any a substitute for tobacco, three and one-half mills on each cigarette, and on each sheet of cigarette rolling paper designed for use by an individual to make a cigarette, ten and one-half mills;"
SECTION 2. 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, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper or cigarette rolling paper, or any a substitute therefor for them. Any A person violating the provisions of this section, either in person, by agent, or in any other way, shall be is guilty of a misdemeanor and, upon indictment and conviction, therefor shall must be punished as follows:
(1) for a first offense, by a fine not exceeding
twenty-five one hundred dollars;
(2) for a second offense, by a fine not exceeding
fifty two hundred dollars; and
(3) for a third or subsequent offense, by a fine of not less than
one two hundred dollars or imprisonment for not more than one year nor less than sixty days, or both. Notwithstanding any other provision of law, a violation of this section must be tried in magistrate's court.
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) All fines imposed must be paid to the treasurer of the county or municipality in which the conviction occurred."
SECTION 3. This act takes effect upon approval by the Governor and is effective for sales made on and after the first day of the first month following the month in which the act is approved by the Governor.
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