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H*3603 Session 112 (1997-1998)
H*3603(Rat #0533, Act #0001 of 1999) General Bill, By Allison, Bailey, Barrett,
Battle, Bauer, Cato, Chellis, Easterday, Gamble, Harvin, Hinson, M.H. Kinon,
Leach, L.H. Limbaugh, Limehouse, Mason, McCraw, J.D. McMaster, Miller,
Moody-Lawrence, Phillips, Rhoad, Rice, Riser, Sandifer, Seithel, Simrill,
R. Smith, Spearman, Stuart, Walker and W.J. Young
A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD, SO AS TO SPECIFY THAT SUCH
CONDUCT IS PROHIBITED, AMONG OTHER PERSONS, BY A PERSON RESPONSIBLE FOR THE
WELFARE OF A CHILD, RATHER THAN A PERSON ONLY RESPONSIBLE FOR THE CARE AND
SUPPORT OF A CHILD; TO AMEND SECTION 20-7-8920 AND 20-7-8925, RELATING TO
PERSONS UNDER TWENTY-ONE YEARS OF AGE PURCHASING AND POSSESSING BEER, WINE,
AND ALCOHOLIC LIQUORS, SO AS TO CREATE AN EXCEPTION FOR A STUDENT EIGHTEEN
YEARS OF AGE OR OLDER WHO AS A REQUIREMENT OF A CULINARY ARTS COLLEGE COURSE
MUST TASTE SUCH BEVERAGES; TO AMEND SECTIONS 61-6-4070 AND 61-4-90, RELATING
TO THE UNLAWFUL TRANSFER OR GIVING OF ALCOHOLIC LIQUORS, BEER, OR WINE TO A
PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO CREATE AN EXEMPTION FOR AN
INSTRUCTOR PROVIDING BEVERAGES TO A STUDENT FOR TASTING AS A REQUIREMENT OF A
COLLEGE CULINARY ARTS COURSE; TO ADD SECTION 59-103-195 SO AS TO REQUIRE THE
COMMISSION ON HIGHER EDUCATION TO REVIEW, APPROVE, AND PROMULGATE REGULATIONS
FOR CULINARY ARTS COURSES REQUIRING TASTING OF ALCOHOLIC BEVERAGES.-AMENDED
TITLE
03/06/97 House Introduced and read first time HJ-3
03/06/97 House Referred to Committee on Judiciary HJ-4
04/09/97 House Committee report: Favorable with amendment
Judiciary HJ-9
04/15/97 House Amended HJ-30
04/15/97 House Read second time HJ-31
04/16/97 House Debate adjourned until Thursday, April 17, 1997 HJ-30
04/17/97 House Amended HJ-25
04/17/97 House Read third time and sent to Senate HJ-25
04/22/97 Senate Introduced and read first time SJ-15
04/22/97 Senate Referred to Committee on Judiciary SJ-15
03/18/98 Senate Committee report: Favorable Judiciary SJ-11
03/19/98 Senate Read second time SJ-22
03/24/98 Senate Amended SJ-34
05/27/98 Senate Amended SJ-96
05/27/98 Senate Read third time and returned to House with
amendments SJ-96
06/02/98 House Debate adjourned on amendments HJ-67
06/02/98 House Senate amendment amended HJ-197
06/02/98 House Returned to Senate with amendments HJ-197
06/03/98 Senate Non-concurrence in House amendment
06/03/98 House House insists upon amendment and conference
committee appointed Reps. Cotty, Campsen & Govan
HJ-108
06/04/98 Senate Conference committee appointed Sens.
Passailaigue, Courtney, Glover SJ-215
06/16/98 House Free conference powers rejected HJ-133
06/16/98 House Free conference powers granted HJ-142
06/16/98 House Free conference committee appointed Reps. Cotty,
Campsen & Govan HJ-143
06/16/98 House Free conference report received and adopted HJ-143
06/16/98 Senate Free conference powers granted
06/16/98 Senate Free conference committee appointed Senators
Drummond, Land, McConnell
06/16/98 Senate Free conference report received and adopted
06/16/98 Senate Ordered enrolled for ratification
06/17/98 Ratified R 533
01/14/99 Became law without Governor's signature
01/14/99 Effective date 01/14/99
01/29/99 Copies available
03/03/99 Act No. 1
(A1 of 1999, R533 of 1998, H3603)
AN ACT TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD, SO AS TO SPECIFY THAT SUCH CONDUCT IS PROHIBITED, AMONG OTHER PERSONS, BY A PERSON RESPONSIBLE FOR THE WELFARE OF A CHILD, RATHER THAN A PERSON ONLY RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD; TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO PERSONS UNDER TWENTY-ONE YEARS OF AGE PURCHASING AND POSSESSING BEER, WINE, AND ALCOHOLIC LIQUORS, SO AS TO CREATE AN EXCEPTION FOR A STUDENT EIGHTEEN YEARS OF AGE OR OLDER WHO AS A REQUIREMENT OF A CULINARY ARTS COLLEGE COURSE MUST TASTE SUCH BEVERAGES; TO AMEND SECTIONS 61-6-4070 AND 61-4-90, RELATING TO THE UNLAWFUL TRANSFER OR GIVING OF ALCOHOLIC LIQUORS, BEER, OR WINE TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO CREATE AN EXEMPTION FOR AN INSTRUCTOR PROVIDING BEVERAGES TO A STUDENT FOR TASTING AS A REQUIREMENT OF A COLLEGE CULINARY ARTS COURSE; TO ADD SECTION 59-103-195 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO REVIEW, APPROVE, AND PROMULGATE REGULATIONS FOR CULINARY ARTS COURSES REQUIRING TASTING OF ALCOHOLIC BEVERAGES.
Be it enacted by the General Assembly of the State of South Carolina:
Unlawful conduct towards a child
SECTION 1. Section 20-7-50 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-50. (A) It is unlawful for a person who has charge or custody of a child, or who is the parent or guardian of a child, or who is responsible for the welfare of a child as defined in Section 20-7-490(5) to:
(1) place the child at unreasonable risk of harm affecting the child's life, physical or mental health, or safety;
(2) do or cause to be done unlawfully or maliciously any bodily harm to the child so that the life or health of the child is endangered or likely to be endangered; or
(3) wilfully abandon the child.
(B) A person who violates subsection (A) is guilty of a felony and for each offense, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
Purchase or possession of beer, ale, porter, wine, malt, or fermented beverage by a person under twenty-one years of age; penalty; culinary arts course exception
SECTION 2. Section 20-7-8920 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8920. (A) It is unlawful for a person under the age of twenty-one to purchase or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars.
(B) Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(C) This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(D) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."
Purchase or possession of alcoholic liquors by a person under twenty-one years of age; penalty; culinary arts course exception
SECTION 3. Section 20-7-8925 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8925. (A) It is unlawful for a person under the age of twenty-one to purchase or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days.
(C) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any alcoholic liquor as part of the required curriculum; and
(4) tastes the liquor pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The liquor must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any alcoholic liquor unless the liquor is delivered as part of the student's required curriculum, and the liquor is used only for instructional purposes during classes conducted pursuant to the curriculum."
Transfer or giving alcoholic liquors for consumption to a person under twenty-one years of age; penalty; culinary arts course exception
SECTION 4. Section 61-6-4070 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-4070. It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.
The provisions of this section do not apply to a spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any alcoholic liquors to a student under the age of twenty-one, if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the liquor is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the liquor during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the liquor is never offered for consumption or imbibed by the student; and
(5) the liquor at all times remains in the possession and control of the authorized instructor."
Transfer or giving beer or wine for consumption to a person under twenty-one years of age; penalty; culinary arts course exception
SECTION 5. Section 61-4-90 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-90. It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.
The provisions of this section do not apply to a spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any beer, ale, porter, wine, or other similar malt or fermented beverage to a student under the age of twenty-one if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the beverage is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the beverage is never offered for consumption or imbibed by the student; and
(5) the beverage at all times remains in the possession and control of the authorized instructor."
Commission to promulgate regulations and review and approve courses
SECTION 6. The 1976 Code is amended by adding:
"Section 59-103-195. The State Commission on Higher Education shall have review authority in order to determine the legitimacy and appropriateness of the tasting requirements pursuant to Sections 20-7-8920 and 20-7-8925. The commission shall also establish reasonable rules and restrictions through regulation, as appropriate, with regard to any proposed course of instruction in the culinary arts which any private or public institution desires to offer to students under twenty-one years of age in which the tasting of beer, ale, porter, wine, or other similar malt or fermented beverage or alcoholic liquor is required. Unless approved by the commission, no such course and no student under twenty-one years of age enrolled in such course shall qualify for the exceptions provided under Sections 20-7-8920, 20-7-8925, 61-6-4070, or 61-4-90. A course of instruction on bartending or any similar curriculum does not qualify for exception or approval by the commission under this section."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Ratified the 17th day of June, 1998.
Became law without the signature of the Governor -- 1/14/99.
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