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TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL OFFENSE OF SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS FOR EACH VIOLATION AND TO PROVIDE THAT ONE-HALF OF THE FINE MUST BE REMITTED FOR USE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S YOUTH SMOKING PREVENTION PLAN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-500(D) of the 1976 Code, as amended by Act 231 of 2006, is further amended to read:
"(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 one thousand dollars, and each violation constitutes a separate offense.
(2) One-half of the fine imposed must be paid to the informer of the offense and the other half must be remitted to the State Treasurer for disbursement to the Department of Health and Environmental Control to be used for the department's Youth Smoking Prevention Plan.
(3) 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."
SECTION 2. This act takes effect upon approval by the Governor.
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