S 1092 General Bill, By Moore
 A Bill to amend Section 23-35-150, Code of Laws of South Carolina, 1976,
 relating to penalties concerning the sale or storage of fireworks, so as to
 authorize a civil penalty for violations of Chapter 35 of Title 23.

   02/01/96  Senate Introduced and read first time SJ-5
   02/01/96  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-5
   02/22/96  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry SJ-8
   02/27/96  Senate Amended SJ-28
   02/27/96  Senate Read second time SJ-28
   02/27/96  Senate Ordered to third reading with notice of
                     amendments SJ-28
   03/27/96  Senate Read third time and sent to House SJ-19
   03/28/96  House  Introduced and read first time HJ-10
   03/28/96  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-11

COMMITTEE AMENDMENT ADOPTED

February 27, 1996

S. 1092

S. Printed 2/27/96--S.

Read the first time February 1, 1996.

A BILL

TO AMEND SECTION 23-35-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES CONCERNING THE SALE OR STORAGE OF FIREWORKS, SO AS TO AUTHORIZE A CIVIL PENALTY FOR VIOLATIONS OF CHAPTER 35 OF TITLE 23.

Amend Title To Conform

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

SECTION 1. Section 23-35-150 of the 1976 Code is amended to read:

"Section 23-35-150. (A) Any person violating any provisions of this chapter or regulations promulgated by the State Fire Marshal or the State Board of Pyrotechnic Safety, unless otherwise specifically provided in this chapter, is guilty of a misdemeanor and, upon conviction, must be punished:

(1) for a first offense, by a fine of not more than two hundred dollars or imprisonment for not more than thirty days;

(2) for a second offense, by a fine of not less than five hundred dollars nor more than twenty-five hundred dollars or imprisonment for not less than sixty days, or both;

(3) for a third offense, by a fine of not less than one thousand dollars or imprisonment of not less than ninety days nor more than one year, or both.

In addition to the above penalties, the license of any wholesaler, jobber, or retailer must be permanently revoked upon conviction for a third offense.

(B) (1) After notice and an opportunity for a hearing in accordance with the Administrative Procedures Act, in addition to the penalties provided in subsection (A), the Board of Pyrotechnic Safety, or the State Fire Marshal if the violation falls within the jurisdiction of that office, may assess a civil penalty not to exceed one thousand dollars for each violation of this chapter. In determining the amount of the penalty, the State Board of Pyrotechnic Safety or the State Fire Marshal shall take into account the nature, circumstances, extent, and gravity of the violation, the degree of culpability, the history of previous offenses, the ability to pay, the effect of the penalty on the ability to continue to operate, and any other matter that justice requires.

(2) The State Board of Pyrotechnic Safety or the State Fire Marshal may refer any civil penalty to the Attorney General for collection.

(3) All civil penalties collected must be deposited in the general fund of the State."

SECTION 2. This act takes effect upon approval by the Governor.