South Carolina General Assembly
116th Session, 2005-2006

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Bill 384

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

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AMENDED

May 26, 2005

S. 384

Introduced by Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins

S. Printed 5/26/05--H.

Read the first time April 19, 2005.

            

A BILL

TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Amend Title To Conform

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

SECTION    1.    This act may be cited as the "Youth Access to Tobacco Prevention Act of 2005".

SECTION    2.    Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:

"Section 16-17-500.    (A)    It shall be is unlawful for any person an individual to sell, furnish, give, distribute, purchase for, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefore 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)    Tobacco products may be accessible only in vending machines 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. Vending machines that distribute tobacco products in establishments must meet the requirements of this subsection within one hundred twenty days after the effective date of this subsection or the machines must be removed.

(C)(1)    It is unlawful to sell a tobacco product to an individual who does not present upon demand proper proof of age. Failure to require identification to verify an individual's age is evidence of the knowing and intentional violation of this subsection unless the individual selling the tobacco product knows the individual is at least eighteen 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 subsection.

(2)    This subsection does not apply to mail order sales.

(D)(1)    It is unlawful for an individual less than eighteen years of age to purchase, accept receipt of, or possess or attempt to purchase, attempt to accept receipt of, or attempt to possess a tobacco product or to present or offer proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.

(2)    This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.

(E)(1)    An individual who intentionally or knowingly violates a provision of this section 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;

(b)    for a second offense, which occurs within three years of the first offense, fined not less than two 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.

(2)    The fine must be paid to the municipal clerk of court or magistrate, as appropriate, and deposited with the city or county treasurer, as appropriate. The city or county treasurer, as appropriate, shall remit fifty percent of the fine to the State Treasurer. The State Treasurer shall deposit the fine received to the Department of Health and Environmental Control to be used for the department's Youth Smoking Prevention Plan.

(F)    A violation of a provision of this section is triable exclusively in either municipal or magistrate's court.

(G)(1)    In lieu of the penalties contained in subsection (E), a court may require an individual who is less than eighteen years of age who illegally purchases, accepts receipt of, or possesses or attempts to purchase, attempts to accept receipt of, or attempts to possess a tobacco product to perform not less than twenty hours of community service for a first offense and not less than forty hours of community service for a second or subsequent offense.

(2)    If the individual successfully completes a Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, the court shall reduce the hours of community service, or the fine, by fifty percent.

(H)    An individual who is less than eighteen years of age and who has been convicted of violating a provision of this section may request to have his record expunged upon becoming eighteen years of age. If the individual has paid any fine imposed upon him or successfully completed any court-ordered community service and Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, the individual's record must be expunged.

(I)    A violation of this section 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.

(J)    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."

SECTION    3.    Section 16-17-501(2) of the 1976 Code, as added by act 445 of 1996, is amended to read:

"(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."

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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