H 4274 General Bill, By F.N. Smith and G. Brown
 A BILL TO AMEND SECTION 20-7-8920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF BEER OR WINE BY
 PERSONS UNDER AGE TWENTY-ONE, SECTION 61-4-50, AS AMENDED, RELATING TO THE
 UNLAWFUL SALE OF BEER OR WINE TO PERSONS UNDER AGE TWENTY-ONE, AND SECTION
 61-4-90, AS AMENDED, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE FOR THE
 CONSUMPTION OF PERSONS UNDER AGE TWENTY-ONE, ALL SO AS TO PROVIDE AN EXCEPTION
 FOR PERSONS SERVING IN A BRANCH OF THE UNIFORMED MILITARY SERVICES OF THE
 UNITED STATES.

   06/20/07  House  Introduced and read first time HJ-19
   06/20/07  House  Referred to Committee on Judiciary HJ-19
   01/30/08  House  Member(s) request name added as sponsor: G.Brown

TO AMEND SECTION 20-7-8920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF BEER OR WINE BY PERSONS UNDER AGE TWENTY-ONE, SECTION 61-4-50, AS AMENDED, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO PERSONS UNDER AGE TWENTY-ONE, AND SECTION 61-4-90, AS AMENDED, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE FOR THE CONSUMPTION OF PERSONS UNDER AGE TWENTY-ONE, ALL SO AS TO PROVIDE AN EXCEPTION FOR PERSONS SERVING IN A BRANCH OF THE UNIFORMED MILITARY SERVICES OF THE UNITED STATES.

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

SECTION    1.    Section 20-7-8920 of the 1976 Code, as last amended by a 2007 act bearing ratification number 156, is further amended by adding an appropriately lettered subsection at the end to read:

"( )    The provisions of this section do not apply to a person under the age of twenty-one who is serving in a branch of the uniformed military services of the United States."

SECTION    2.    Section 61-4-50(A) of the 1976 Code, as last amended by a 2007 act bearing ratification number 156, is further amended to read:

"(A)    It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age, unless the person presents a valid military identification evidencing that the person is serving in a branch of the uniformed military services of the United States. A person who makes a sale in violation of this section, upon conviction:

(1)    for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2)    for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both."

SECTION    3.    Section 61-4-90(C) of the 1976 Code, as last amended by a 2007 act bearing ratification number 156, is further amended to read:

"(C)    The provisions of this section do not apply to a:

(1)    spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home;

(2)    parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or

(3)    person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased; or

(4)    person giving beer or wine to another person under the age of twenty-one who is serving in a branch of the uniformed military services of the United States."

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.

SECTION    5.    This act takes effect upon approval by the Governor.