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H. 4521
STATUS INFORMATION
General Bill
Sponsors: Rep. Altman
Document Path: l:\council\bills\ms\7085ahb06.doc
Introduced in the House on January 26, 2006
Currently residing in the House Committee on Judiciary
Summary: Illegal Sale and Purchase of Tobacco Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/26/2006 House Introduced and read first time HJ-3 1/26/2006 House Referred to Committee on Judiciary HJ-4
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ILLEGAL SALE AND PURCHASE OF TOBACCO ACT OF 2006", TO AMEND SECTION 16-17-500, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE DISTRIBUTION OR PURCHASE FOR A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE, TO PROVIDE THAT INDIVIDUALS LESS THAN TWENTY-ONE YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR PRESENT OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO PROVIDE THAT IT IS UNLAWFUL FOR AN INDIVIDUAL UNDER THE AGE OF TWENTY-ONE TO POSSESS A TOBACCO PRODUCT, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, AND TO DEFINE THE TERM "PERSON"; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT SAMPLES AND THE IMPLEMENTATION OF PROVISIONS THAT REGULATE THE SALE AND USE OF TOBACCO PRODUCTS BY LOCAL GOVERNMENTS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO PROVISIONS REGULATING SUPPLYING TOBACCO PRODUCTS TO MINORS; AND TO REVISE THE DEFINITION OF THE TERM "PROOF OF AGE".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Illegal Sale and Purchase of Tobacco Act of 2006".
SECTION 2. Section 16-17-500 of the 1976 Code is amended to read:
"Section 16-17-500. (A) It shall be is unlawful for any a person to sell, furnish, give, distribute, purchase for, or provide any minor an individual under the age of eighteen twenty-one years with cigarettes, tobacco, cigarette paper, or any substitute therefor a tobacco product. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall 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.
One-half of any fine imposed shall 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.
(B) It is unlawful for a person to sell a tobacco product to an individual who does not present upon demand proper proof of age. Failure to require identification to verify a person's age may be used as evidence to the knowing and intentional violation of this provision unless the person knows the individual is at least twenty-one years of age. 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 section.
(C) It is unlawful for an individual less than twenty-one years of age to purchase, accept receipt, attempt to purchase, or attempt to accept receipt of a tobacco product, or present or offer to a person proof of age which is false or fraudulent for the purpose of purchasing or possessing a tobacco product. However, a person less than twenty-one years of age may be enlisted by local law enforcement agencies to test a community's compliance with this section and to reduce the extent to which tobacco products are sold or distributed to individuals less than twenty-one years of age when the testing is under the direct supervision of the law enforcement agency and with the individual's parental consent. In addition, a person less than twenty-one years of age may be enlisted by the South Carolina Department of Alcohol and Other Drug Abuse Services, or a county alcohol and drug abuse authority to test an outlet's compliance with this section, with the permission of the individual's parent or guardian, to collect data for the federally mandated Youth Access to Tobacco Study.
(D) It is unlawful for an individual less than twenty-one years of age to possess a tobacco product. This subsection does not apply to the possession of tobacco products by an individual less than twenty-one years of age who delivers tobacco products pursuant to his employment responsibilities.
(E) A person or individual who intentionally or knowingly violates a provision of this section either in person or by agent is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, by a fine not less than five hundred dollars or imprisonment for not more than thirty days; and
(2) for a second or subsequent offense, by a fine not less than one thousand dollars or imprisonment for not more than sixty days.
(F) All fines must be placed in the state general fund and distributed in the following manner:
(1) one-half must be distributed to the treasurer of the county in which the conviction occurred; and
(2) one-half must be distributed to the county alcohol and drug abuse commission and used for funding youth smoking prevention programs.
(G) In addition to the penalties provided in subsection (E), an individual less than twenty-one years of age who violates a provision of this section, upon conviction:
(1) is not eligible to receive a state-sponsored scholarship including, but not limited to, the Palmetto Fellows Scholarship and the LIFE Scholarship;
(2) shall have his scholarship permanently revoked for the remainder of his academic career if he currently is a state-sponsored scholarship recipient; and
(3) shall have his driver's license revoked by the Department of Motor Vehicles for one year from the date of conviction.
(H) A violation of this section is triable exclusively in either municipal or magistrate court.
(I) As used in this section 'person' means an individual, firm, partnership, corporation, company, association, club, or commercial entity the person is associated with."
SECTION 3. Section 16-17-501 of the 1976 Code is amended to read:
"Section 16-17-501. As used in this Section and Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-504:
(1) 'Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.
(2) 'Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older identification card issued by this state, or a United States Armed Services identification card.
(3) 'Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.
(4) 'Sampling' means the distribution of samples to members of the general public in a public place.
(5) 'Tobacco product' means a product that contains tobacco and is intended for human consumption."
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. If any section, subsection, 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, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor.
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