H 3888 General Bill, By J. Smith, Bauer, A.W. Byrd, J. Hines, J.H. Hodges, 
Lloyd, Maddox, Martin, Miller and Parks
 A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO,
 OR CIGARETTE PAPER, SO AS TO ALSO MAKE UNLAWFUL TO SUPPLY ROLLING PAPER AND TO
 MAKE IT UNLAWFUL FOR A MINOR UNDER THE AGE OF EIGHTEEN TO POSSESS SAME.

   04/09/97  House  Introduced and read first time HJ-49
   04/09/97  House  Referred to Committee on Judiciary HJ-49
   03/25/98  House  Committee report: Favorable with amendment
                     Judiciary HJ-19
   03/26/98  House  Amended HJ-34
   03/31/98  House  Debate adjourned until Wednesday, April 1, 1998 HJ-17
   04/01/98  House  Member(s) request name removed as sponsor: Battle HJ-21
   04/01/98  House  Requests for debate-Rep(s). Simrill, Sheheen,
                     Phillips, Battle, Littlejohn, Fleming, Rhoad,
                     Kennedy, Bailey, & Beck HJ-24
   04/02/98  House  Requests for debate removed-Rep(s). Sheheen &
                     Simrill HJ-25
   04/08/98  House  Amended HJ-38
   04/08/98  House  Recommitted to Committee on Judiciary HJ-39

AMENDED--NOT PRINTED IN THE HOUSE

Amendment No. 3--P:\AMEND\GJK\21419SD.98

April 8, 1998

Amendment No. 1--P:\AMEND\GJK\21401SD.98

March 26, 1998

H. 3888

Introduced by Reps. J. Smith, J. Hines, Hodges, Martin, Maddox, Miller, Byrd, Battle, Bauer, Parks and Lloyd

S. Printed 3/25/98--H.

Read the first time April 9, 1997.

A BILL

TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO ALSO MAKE IT UNLAWFUL TO SUPPLY ROLLING PAPER AND TO MAKE IT UNLAWFUL FOR A MINOR UNDER THE AGE OF EIGHTEEN TO POSSESS SAME.

Amend Title To Conform

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 person to sell, furnish, give, or provide any minor under the age of eighteen years with cigarettes, cigars, tobacco, cigarette or rolling paper, or any substitute therefor. Any 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, any violations of this section shall 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 2. The 1976 Code is amended by adding:

"Section 20-7-8927. (A) It is unlawful for a person under eighteen years of age to purchase or knowingly possess cigarettes, cigars, smokeless or chewing tobacco, tobacco samples, cigarette or rolling paper, or any substitute for these. Possession is prima facie evidence that it was knowingly possessed.

(B) 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.

(C) All fines imposed must be paid to the treasurer of the county or municipality in which the conviction occurred.

(D) This section does not apply to a minor participating in the annual Youth Access to Tobacco Study, which is required by Section 1926 of federal Public Law 102-321 and conducted by the Department of Alcohol and Other Drug Abuse Services, or any employee who is a minor lawfully engaged in the sale or delivery of tobacco products in an unopened package."

SECTION 3. This act takes effect upon approval by the Governor.