South Carolina General Assembly
113th Session, 1999-2000

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Bill 581

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 26, 1999

S. 581

Introduced by Senator McConnell

S. Printed 5/26/99--H.

Read the first time May 4, 1999.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 581), to amend Act 434 of 1998, relating to the establishment and enforcement of driving under the influence, etc., respectfully

REPORT:

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

JAMES H. HARRISON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT1

This bill would have no impact on state or local revenue.

Explanation

This bill deletes provisions in Act 434 of 1998 that would prohibit the sale of malt liquor in any container of more than one liter after July 1, 2000 other than in a keg or box. Because the tax is imposed on a per unit volume basis, there would be no net change in revenue collected. This bill, therefore, would have no impact on state or local revenue in FY 2000-01.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.

A BILL

TO AMEND ACT 434 OF 1998, RELATING TO THE ESTABLISHMENT AND ENFORCEMENT OF DRIVING UNDER THE INFLUENCE PROHIBITIONS, SO AS TO DELETE THE PROHIBITION AGAINST THE SALE OF MALT LIQUOR IN CONTAINERS GREATER THAN ONE LITER.

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

SECTION 1. SECTIONS 16, 17, and 18 of Act 434 of 1998 are amended to read:

"SECTION 16. (A) No holder of a retail permit issued pursuant to Title 61 which authorizes the sale of beer may sell or offer to sell any container of more than one liter of malt liquor. This provision does not apply to the sale of a keg or box of malt liquor or to alcohol labeled as beer or scotch liquor.

(B) A person who violates the provisions of subsection (A) is subject to a civil penalty of not more than five hundred dollars for a first offense and not more than one thousand dollars for a second offense. In addition to a civil penalty, upon a third offense violation of subsection (A), a person shall have his license or permit revoked or suspended in accordance with Section 61-2-140. Each day of violation constitutes a separate offense.

SECTION 17. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.

SECTION 18 17. The provisions in Sections 56-5-2950 and 56-5-2951 take effect upon approval by the Governor, except that the provisions in Sections 56-5-2950 and 56-5-2951 pertaining to an alcohol concentration of ten one-hundredths of one percent or more will change to eight one-hundredths of one percent or more, effective upon the ratification of an amendment to Section 1, Article VIII-A of the Constitution of South Carolina, 1895, relating to the sale of alcoholic liquors and beverages in sealed containers of two ounces or less. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement as soon as the law enforcement vehicle used for traffic enforcement is equipped with a videotaping device. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each breath test site as soon as the breath test site is equipped with a videotaping device. The provisions in Section 56-5-2953(D) and (E) take effect upon approval by the Governor. The provisions in Section 56-5-2953(F) take effect one year after approval by the Governor. The Chief of SLED and the Director of the Department of Public Safety shall report to the General Assembly when all breath test sites and law enforcement vehicles used for traffic enforcement are equipped. SECTION 16 takes effect July 1, 2000, unless the General Assembly passes a resolution or bill related to the subject matter of the study committee established in SECTION 11 of this act. All remaining provisions take effect upon approval by the Governor."

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

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