S 0403 General Bill, By Sheheen and Malloy
 A BILL TO AMEND SECTION 59-150-250, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE SALE OF A LOTTERY TICKET OR SHARE TO A MINOR, SO AS TO ALLOW
 THE COURT THE DISCRETION TO REDUCE THE FINE OR GIVE A WARNING UPON CONVICTION
 FOR A FIRST OFFENSE OF VIOLATING THE PROVISIONS.

   02/03/05  Senate Introduced and read first time SJ-3
   02/03/05  Senate Referred to Committee on Judiciary SJ-3
   03/16/05  Senate Committee report: Favorable Judiciary SJ-17
   03/17/05  Senate Read second time SJ-9
   03/22/05  Senate Read third time and sent to House
   03/29/05  House  Introduced and read first time HJ-16
   03/29/05  House  Referred to Committee on Judiciary HJ-16

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 16, 2005

S. 403

S. Printed 3/16/05--S.

Read the first time February 3, 2005.

To whom was referred a Bill (S. 403) to amend Section 59-150-250, Code of Laws of South Carolina, 1976, relating to the sale of a lottery ticket or share to a minor, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass:

CHAUNCEY K. GREGORY for Committee.

TO AMEND SECTION 59-150-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF A LOTTERY TICKET OR SHARE TO A MINOR, SO AS TO ALLOW THE COURT THE DISCRETION TO REDUCE THE FINE OR GIVE A WARNING UPON CONVICTION FOR A FIRST OFFENSE OF VIOLATING THE PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 59-150-250(A) of the 1976 Code is amended to read:

"(A)    A person who knowingly sells a lottery game ticket or share to a person under eighteen years of age or permits a person under eighteen years of age to play a lottery game is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court; except that for a first offense the court, in its discretion, may reduce the fine to a lesser amount or to a warning. It is an affirmative defense to a charge of a violation of this section that the lottery retailer reasonably and in good faith relied upon representation of proof of age in making the sale."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor and applies to violations occurring after that date.