2003-2004 Bill 4435: Cigarette Rolling Papers, Tax on and Other Provisions - South Carolina

South Carolina General Assembly

115th Session, 2003-2004

H. 4435

STATUS INFORMATION

General Bill

Sponsors: Reps. Kirsh, Vaughn, Stille and Owens

Document Path: l:\council\bills\ggs\22358htc04.doc

Introduced in the House on January 13, 2004

Currently residing in the House Committee on Ways and Means

Summary: Cigarette rolling papers, tax on and other provisions

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

12/3/2003HousePrefiled

12/3/2003HouseReferred to Committee on Ways and Means

1/13/2004HouseIntroduced and read first time HJ73

1/13/2004HouseReferred to Committee on Ways and MeansHJ73

1/14/2004HouseMember(s) request name added as sponsor: Owens

VERSIONS OF THIS BILL

12/3/2003

A BILL

TO AMEND SECTION 1221620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO IMPOSE A TAX ON CIGARETTE ROLLING PAPER; AND TO AMEND SECTION 1617500, AS AMENDED, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO CLARIFY THAT IT IS UNLAWFUL TO SUPPLY CIGARETTE ROLLING PAPER TO MINORS, TO REVISE PENALTIES FOR VIOLATION, TO PROVIDE THAT A VIOLATION MUST BE TRIED IN MAGISTRATE’S COURT, AND TO PROVIDE FOR DISBURSEMENT OF FINES COLLECTED.

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

SECTION1.Section 1221620(1) of the 1976 Code, as last amended by Act 239 of 1996, is further amended to read:

“(1)upon all cigarettes made of tobacco or anya substitute for tobacco, three and onehalf mills on each cigarette, and on each sheet of cigarette rolling paper designed for use by an individual to make a cigarette, ten and onehalf mills;”

SECTION2.Section 1617500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:

“Section 1617500.(A)It shall beis unlawful for anya person to sell, furnish, give, or provide anya minor under the age of eighteen years with cigarettes, tobacco, cigarette paper or cigarette rolling paper, or anya substitute thereforfor them. AnyA person violating the provisions of this section, either in person, by agent, or in any other way, shall beis guilty of a misdemeanor and, upon indictment and conviction, thereforshallmust be punished as follows:

(1)for a first offense, by a fine not exceeding twentyfiveone hundred dollars;

(2)for a second offense, by a fine not exceeding fiftytwo hundred dollars; and

(3)for a third or subsequent offense, by a fine of not less than onetwo hundred dollars or imprisonment for not more than one year nor less than sixty days, or both. Notwithstanding any other provision of law, a violation of this section must be tried in magistrate’s court.

Onehalf 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)All fines imposed must be paid to the treasurer of the county or municipality in which the conviction occurred.”

SECTION3.This act takes effect upon approval by the Governor and is effective for sales made on and after the first day of the first month following the month in which the act is approved by the Governor.

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