H 3138 General Bill, By Scarborough, Brady, Haley and Toole
 A BILL TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE CRIMINAL OFFENSE OF SUPPLYING MINORS WITH TOBACCO OR
 CIGARETTES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS FOR EACH
 VIOLATION AND TO PROVIDE THAT ONE-HALF OF THE FINE MUST BE REMITTED FOR USE BY
 THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S YOUTH SMOKING PREVENTION
 PLAN.

   12/08/04  House  Prefiled
   12/08/04  House  Referred to Committee on Judiciary
   01/11/05  House  Introduced and read first time HJ-94
   01/11/05  House  Referred to Committee on Judiciary HJ-94

TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL OFFENSE OF SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS FOR EACH VIOLATION AND TO PROVIDE THAT ONE-HALF OF THE FINE MUST BE REMITTED FOR USE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S YOUTH SMOKING PREVENTION PLAN.

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

SECTION    1.    Section 16-17-500 of the 1976 Code is amended to read:

"Section 16-17-500.    It shall be is unlawful for any a person to sell, furnish, give, or provide any minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefore for these. 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 dollars;

(2)    for a second offense, by a fine not exceeding fifty dollars; and

(3)    for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both fined one thousand dollars, and each violation constitutes a separate offense.

One-half of any the fine imposed shall must 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 must be remitted to the State Treasurer for disbursement to the Department of Health and Environmental Control to be used for the department's Youth Smoking Prevention Plan."

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