S*0384(Rat #0224, Act #0231 of 2006)  General Bill, By Lourie, Thomas, Reese, 
Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, 
Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and 
Hawkins
 AN ACT TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO SUPPLYING MINORS WITH CIGARETTES OR TOBACCO, SO AS TO PROVIDE THAT
 THIS PROVISION ALSO APPLIES TO DISTRIBUTING TO AND PURCHASING FOR MINORS ANY
 TOBACCO PRODUCT; TO PROVIDE THAT IT IS UNLAWFUL TO SELL A TOBACCO PRODUCT TO
 AN INDIVIDUAL WHO DOES NOT PRESENT PROOF OF AGE; TO PROVIDE THAT IT IS A
 DEFENSE TO REASONABLY RELY ON THE PROOF OF AGE AN INDIVIDUAL PROVIDES; TO
 PROVIDE THAT IT IS UNLAWFUL TO SELL A TOBACCO PRODUCT THROUGH A VENDING
 MACHINE UNLESS THE LOCATION IS ONLY OPEN TO INDIVIDUALS OVER EIGHTEEN OR
 UNLESS THE VENDING MACHINE IS UNDER CONTINUOUS CONTROL BY THE OWNER, AND TO
 INCREASE FINES FOR VIOLATIONS; TO PROVIDE THAT IT IS UNLAWFUL FOR AN
 INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE TO PURCHASE OR POSSESS, OR ATTEMPT TO
 PURCHASE OR POSSESS, A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR
 THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO PROVIDE THAT A
 VIOLATION BY A MINOR IS A NONCRIMINAL, CIVIL VIOLATION AND IN LIEU OF IMPOSING
 A FINE, A MINOR MAY BE REQUIRED TO ATTEND A SMOKING CESSATION PROGRAM OR
 PERFORM COMMUNITY SERVICE; TO PROVIDE THAT A MINOR'S DRIVING PRIVILEGES MAY BE
 DELAYED OR RESTRICTED IF THE MINOR FAILS TO PAY THE FINE OR COMPLETE AN
 ALTERNATIVE REQUIREMENT; TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MAY BE USED
 FOR CITING A VIOLATION BY A MINOR; TO REQUIRE LAW ENFORCEMENT TO NOTIFY THE
 MINOR'S PARENTS OF THE VIOLATION; TO PLACE JURISDICTION OF THESE CASES ONLY IN
 THE MUNICIPAL AND MAGISTRATE'S COURTS; AND TO REQUIRE RETAIL ESTABLISHMENTS
 SELLING TOBACCO PRODUCTS TO TRAIN ITS EMPLOYEES REGARDING UNLAWFUL SALES TO
 MINORS; AND TO AMEND SECTION 16-17-501, RELATING TO, AMONG OTHER THINGS, THE
 DEFINITION OF "PROOF OF AGE" WITH REGARD TO THE SALE AND PURCHASE OF TOBACCO,
 SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE STATE OR THE UNITED
 STATES ARMED SERVICES IS ACCEPTABLE PROOF OF AGE; AND TO DELETE THE PROVISIONS
 DISBURSING FINES COLLECTED. - ratified title

   02/01/05  Senate Introduced and read first time SJ-7
   02/01/05  Senate Referred to Committee on Judiciary SJ-7
   04/13/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   04/14/05  Senate Amended SJ-22
   04/14/05  Senate Read second time SJ-22
   04/15/05         Scrivener's error corrected
   04/18/05  Senate Read third time and sent to House SJ-30
   04/19/05  House  Introduced and read first time HJ-18
   04/19/05  House  Referred to Committee on Judiciary HJ-18
   05/19/05  House  Recalled from Committee on Judiciary HJ-54
   05/26/05  House  Amended HJ-33
   05/26/05  House  Read second time HJ-37
   05/26/05  House  Unanimous consent for third reading on next
                     legislative day HJ-37
   05/27/05  House  Read third time and returned to Senate with
                     amendments HJ-2
   05/27/05         Scrivener's error corrected
   05/31/05  Senate House amendment amended SJ-57
   06/01/05         Scrivener's error corrected
   01/25/06  Senate House amendment amended SJ-16
   01/25/06  Senate Returned to House with amendments SJ-16
   01/26/06         Scrivener's error corrected
   02/01/06  House  Concurred in Senate amendment and enrolled HJ-47
   02/15/06         Ratified R 224
   02/21/06         Signed By Governor
   02/23/06         Copies available
   02/23/06         Effective date 08/21/06
   02/27/06         Act No. 231

(A231, R224, S384)

AN ACT TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH CIGARETTES OR TOBACCO, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO DISTRIBUTING TO AND PURCHASING FOR MINORS ANY TOBACCO PRODUCT; TO PROVIDE THAT IT IS UNLAWFUL TO SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT PROOF OF AGE; TO PROVIDE THAT IT IS A DEFENSE TO REASONABLY RELY ON THE PROOF OF AGE AN INDIVIDUAL PROVIDES; TO PROVIDE THAT IT IS UNLAWFUL TO SELL A TOBACCO PRODUCT THROUGH A VENDING MACHINE UNLESS THE LOCATION IS ONLY OPEN TO INDIVIDUALS OVER EIGHTEEN OR UNLESS THE VENDING MACHINE IS UNDER CONTINUOUS CONTROL BY THE OWNER, AND TO INCREASE FINES FOR VIOLATIONS; TO PROVIDE THAT IT IS UNLAWFUL FOR AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE TO PURCHASE OR POSSESS, OR ATTEMPT TO PURCHASE OR POSSESS, A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO PROVIDE THAT A VIOLATION BY A MINOR IS A NONCRIMINAL, CIVIL VIOLATION, AND IN LIEU OF IMPOSING A FINE, A MINOR MAY BE REQUIRED TO ATTEND A SMOKING CESSATION PROGRAM OR PERFORM COMMUNITY SERVICE; TO PROVIDE THAT A MINOR'S DRIVING PRIVILEGES MAY BE DELAYED OR RESTRICTED IF THE MINOR FAILS TO PAY THE FINE OR COMPLETE AN ALTERNATIVE REQUIREMENT; TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MAY BE USED FOR CITING A VIOLATION BY A MINOR; TO REQUIRE LAW ENFORCEMENT TO NOTIFY THE MINOR'S PARENTS OF THE VIOLATION; TO PLACE JURISDICTION OF THESE CASES ONLY IN THE MUNICIPAL AND MAGISTRATE'S COURTS; AND TO REQUIRE RETAIL ESTABLISHMENTS SELLING TOBACCO PRODUCTS TO TRAIN ITS EMPLOYEES REGARDING UNLAWFUL SALES TO MINORS; AND TO AMEND SECTION 16-17-501, RELATING TO, AMONG OTHER THINGS, THE DEFINITION OF "PROOF OF AGE" WITH REGARD TO THE SALE AND PURCHASE OF TOBACCO, SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE STATE OR THE UNITED STATES ARMED SERVICES IS ACCEPTABLE PROOF OF AGE; AND TO DELETE THE PROVISIONS DISBURSING FINES COLLECTED.

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

Act citation

SECTION    1.    This act may be cited as the "Youth Access to Tobacco Prevention Act of 2006".

Unlawful to sell tobacco to minor; unlawful for minor to possess tobacco; penalties; jurisdiction; retail establishment training; exceptions; driving privileges may be restricted for violations

SECTION    2.    Section 16-17-500 of the 1976 Code is amended to read:

"Section 16-17-500.    (A)    It is unlawful for an individual to sell, furnish, give, distribute, purchase for, or provide a tobacco product to a minor under the age of eighteen years.

(B)    It is unlawful to sell a tobacco product to an individual who does not present upon demand proper proof of age. Failure to demand identification to verify an individual's age is not a defense to an action initiated pursuant to this subsection. Proof that is demanded, is shown, and reasonably is relied upon for the individual's proof of age is a defense to an action initiated pursuant to this subsection.

(C)    It is unlawful to sell a tobacco product through a vending machine unless the vending machine is located in an establishment:

(1)    which is open only to individuals who are eighteen years of age or older; or

(2)    where the vending machine is under continuous control by the owner or licensee of the premises, or an employee of the owner or licensee, can be operated only upon activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed.

(D)(1)    An individual who knowingly violates a provision of subsections (A), (B), or (C) in person, by agent, or in any other way is guilty of a misdemeanor and, upon conviction, must be:

(a)    for a first offense, fined not less than one hundred dollars nor more than two hundred dollars;

(b)    for a second offense, which occurs within three years of the first offense, fined not less than two hundred dollars nor more than three hundred dollars;

(c)    for a third or subsequent offense, which occurs within three years of the first offense, fined not less than three hundred dollars nor more than four hundred dollars.

(2)    In lieu of the fine, the court may require an individual to successfully complete a Department of Alcohol and Other Drug Abuse Services approved merchant tobacco enforcement education program.

(E)(1)    A minor under the age of eighteen years must not purchase, attempt to purchase, possess, or attempt to possess a tobacco product, or present or offer proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.

(2)    A minor who knowingly violates a provision of subsection (E)(1) in person, by agent, or in any other way commits a noncriminal offense and is subject to a civil fine of twenty-five dollars. The civil fine is subject to all applicable court costs, assessments, and surcharges.

(3)    In lieu of the civil fine, the court may require a minor to successfully complete a Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, or to perform not more than five hours of community service for a charitable institution.

(4)    If a minor fails to pay the civil fine, successfully complete a smoking cessation or tobacco prevention program, or perform the required hours of community service as ordered by the court, the court may restrict the minor's driving privileges to driving only to and from school, work, and church, or as the court considers appropriate for a period of ninety days beginning from the date provided by the court. If the minor does not have a driver's license or permit, the court may delay the issuance of the minor's driver's license or permit for a period of ninety days beginning from the date the minor applies for a driver's license or permit. Upon restricting or delaying the issuance of the minor's driver's license or permit, the court must complete and remit to the Department of Motor Vehicles any required forms or documentation. The minor is not required to submit his driver's license or permit to the court or the Department of Motor Vehicles. The Department of Motor Vehicles must clearly indicate on the minor's driving record that the restriction or delayed issuance of the minor's driver's license or permit is not a traffic violation or a driver's license suspension. The Department of Motor Vehicles must notify the minor's parent, guardian, or custodian of the restriction or delayed issuance of the minor's driver's license or permit. At the completion of the ninety-day period, the Department of Motor Vehicles must remove the restriction or allow for the issuance of the minor's license or permit. No record may be maintained by the Department of Motor Vehicles of the restriction or delayed issuance of the minor's driver's license or permit after the ninety-day period. The restriction or delayed issuance of the minor's driver's license or permit must not be considered by any insurance company for automobile insurance purposes or result in any automobile insurance penalty, including any penalty under the Merit Rating Plan promulgated by the Department of Insurance.

(5)    A violation of this subsection is not a criminal or delinquent offense and no criminal or delinquent record may be maintained. A minor may not be detained, taken into custody, arrested, placed in jail or in any other secure facility, committed to the custody of the Department of Juvenile Justice, or found to be in contempt of court for a violation of this subsection or for the failure to pay a fine, successfully complete a smoking cessation or tobacco prevention program, or perform community service.

(6)    A violation of this subsection is not grounds for denying, suspending, or revoking an individual's participation in a state college or university financial assistance program including, but not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, or a need-based grant.

(7)    The uniform traffic ticket, established pursuant to Section 56-7-10, may be used by law enforcement officers for a violation of this subsection. A law enforcement officer issuing a uniform traffic ticket pursuant to this subsection must immediately seize the tobacco product. The law enforcement officer also must notify a minor's parent, guardian, or custodian of the minor's offense, if reasonable, within ten days of the issuance of the uniform traffic ticket.

(F)    This section does not apply to the possession of a tobacco product by a minor working within the course and scope of his duties as an employee or participating within the course and scope of an authorized inspection or compliance check.

(G)    Jurisdiction to hear a violation of this section is vested exclusively in the municipal court and the magistrate's court. A hearing pursuant to subsection (E) must be placed on the court's appropriate docket for traffic violations, and not on the court's docket for civil matters.

(H)    A retail establishment that distributes tobacco products must train all retail sales employees regarding the unlawful distribution of tobacco products to minors.

(I)    Notwithstanding any other provision of law, a violation of this section does not violate the terms and conditions of an establishment's beer and wine permit and is not grounds for revocation or suspension of a beer and wine permit."

Definition

SECTION    3.    Section 16-17-501(2) of the 1976 Code is amended to read:

"(2)    'Proof of age' means a driver's license or identification card issued by this State or a United States Armed Services identification card."

Savings clause

SECTION    4.    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.

Severability clause

SECTION    5.    If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

SECTION    6.    This act takes effect six months after the date of approval by the Governor.

Ratified the 15th day of February, 2006.

Approved the 21st day of February, 2006.