2005-2006 Bill 3038: Cigarette Rolling Paper - South Carolina Legislature Online

1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 H. 3038 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. Kirsh 10 Document Path: l:\council\bills\ggs\22804htc05.doc 11 12 Introduced in the House on January 11, 2005 13 Currently residing in the House Committee on Ways and Means 14 15 Summary: Cigarette rolling paper 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/8/2004 House Prefiled 22 12/8/2004 House Referred to Committee on Ways and Means 23 1/11/2005 House Introduced and read first time HJ-61 24 1/11/2005 House Referred to Committee on Ways and Means HJ-61 25 26 27 VERSIONS OF THIS BILL 28 29 12/8/2004 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 12-21-620, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX 13 RATES ON CIGARETTES AND TOBACCO PRODUCTS, SO 14 AS TO IMPOSE A TAX ON CIGARETTE ROLLING PAPER; 15 AND TO AMEND SECTION 16-17-500, AS AMENDED, 16 RELATING TO THE UNLAWFUL SUPPLYING OF MINORS 17 WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, 18 SO AS TO CLARIFY THAT IT IS UNLAWFUL TO SUPPLY 19 CIGARETTE ROLLING PAPER TO MINORS, TO REVISE 20 PENALTIES FOR VIOLATION, TO PROVIDE THAT A 21 VIOLATION MUST BE TRIED IN MAGISTRATE’S COURT, 22 AND TO PROVIDE FOR THE DISBURSEMENT OF FINES 23 COLLECTED. 24 25 Be it enacted by the General Assembly of the State of South 26 Carolina: 27 28 SECTION 1. Section 12-21-620(1) of the 1976 Code, is amended 29 to read: 30 31 “(1) upon all cigarettes made of tobacco or any a substitute for 32 tobacco, three and one-half mills on each cigarette, and on each 33 sheet of cigarette rolling paper designed for use by an individual to 34 make a cigarette, ten and one - half mills;” 35 36 SECTION 2. Section 16-17-500 of the 1976 Code, is further 37 amended to read: 38 39 “Section 16-17-500. (A) It shall be is unlawful for any a 40 person to sell, furnish, give, or provide any a minor under the age 41 of eighteen years with cigarettes, tobacco, cigarette paper or 42 cigarette rolling paper, or any a substitute therefor for them. Any A

1 [3038] 1 1 person violating the provisions of this section, either in person, by 2 agent, or in any other way, shall be is guilty of a misdemeanor and, 3 upon indictment and conviction, therefor shall must be punished as 4 follows: 5 (1) for a first offense, by a fine not exceeding twenty-five one 6 hundred dollars; 7 (2) for a second offense, by a fine not exceeding fifty two 8 hundred dollars; and 9 (3) for a third or subsequent offense, by a fine of not less than 10 one two hundred dollars or imprisonment for not more than one 11 year nor less than sixty days, or both. Notwithstanding any other 12 provision of law, a violation of this section must be tried in 13 magistrate’s court. 14 One-half of any fine imposed shall be paid to the informer of the 15 offense and the other half to the treasurer of the county in which 16 such conviction shall be had. 17 (B) All fines imposed must be paid to the treasurer of the 18 county or municipality in which the conviction occurred.” 19 20 SECTION 3. This act takes effect upon approval by the Governor 21 and is effective for sales made on and after the first day of the first 22 month following the month in which the act is approved by the 23 Governor. 24 ----XX---- 25

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