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					                                   South Carolina General Assembly
                                       119th Session, 2011-2012

S. 83

STATUS INFORMATION

General Bill
Sponsors: Senator Ford
Document Path: l:\council\bills\nbd\11020htc11.docx

Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on Judiciary

Summary: Unlawful possession of beer


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 12/1/2010   Senate   Prefiled
 12/1/2010   Senate   Referred to Committee on Judiciary
 1/11/2011   Senate   Introduced and read first time (Senate Journal-page 40)
 1/11/2011   Senate   Referred to Committee on Judiciary (Senate Journal-page 40)
  1/9/2012   Senate   Referred to Subcommittee: Campbell (ch), Cleary, Williams, Nicholson, Gregory

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/1/2010
 1
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 8
 9                            A BILL
10
11   TO AMEND SECTIONS 63-19-2440 AND 63-19-2450, CODE
12   OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
13   UNLAWFUL PURCHASE OR POSSESSION OF BEER, WINE,
14   OR ALCOHOLIC LIQUORS BY PERSONS UNDER AGE
15   TWENTY-ONE, SECTIONS 61-4-50 AND 61-6-4080,
16   RELATING TO THE UNLAWFUL SALE OF BEER, WINE, OR
17   ALCOHOLIC LIQUORS TO PERSONS UNDER AGE
18   TWENTY-ONE, AND SECTIONS 61-4-90 AND 61-6-4070,
19   RELATING TO THE UNLAWFUL TRANSFER OF BEER,
20   WINE,   OR   ALCOHOLIC     LIQUORS    FOR     THE
21   CONSUMPTION OF PERSONS UNDER AGE TWENTY-ONE,
22   ALL SO AS TO PROVIDE AN EXCEPTION FOR PERSONS
23   SERVING IN THE ARMED FORCES OF THE UNITED
24   STATES.
25
26   Be it enacted by the General Assembly of the State of South
27   Carolina:
28
29   SECTION 1. A.Section 63-19-2440 of the 1976 Code, is
30   amended by adding a new subsection at the end to read:
31
32     “(G) The provisions of this section do not apply to a person
33   under the age of twenty-one who is serving a branch of the
34   uniformed military services of the United States.”
35
36   B. Section 63-19-2450 of the 1976 Code is amended by adding a
37   new subsection at the end to read:
38
39     “(F) The provisions of this section do not apply to a person
40   under the age of twenty-one who is serving a branch of the
41   uniformed military services of the United States.”
42

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 1   SECTION 2. A. Section 61-4-50(A) of the 1976 Code is
 2   amended to read:
 3
 4      “(A) It is unlawful for a person to sell beer, ale, porter, wine, or
 5   other similar malt or fermented beverage to a person under
 6   twenty-one years of age unless the person presents a valid military
 7   identification evidencing that the person is serving in the armed
 8   forces of the United States. A person who makes a sale in
 9   violation of this section, upon conviction:
10        (1) for a first offense, must be fined not less than two
11   hundred dollars nor more than three hundred dollars or imprisoned
12   not more than thirty days, or both; and
13        (2) for a second or subsequent offense, must be fined not
14   less than four hundred dollars nor more than five hundred dollars
15   or imprisoned not more than thirty days, or both.”
16
17   B. Section 61-6-4080(A) of the 1976 Code is amended to read:
18
19      “(A) A person engaged in the sale of alcoholic liquors who
20   knowingly sells the alcoholic liquors to a person under the age of
21   twenty-one unless the person presents a valid military
22   identification evidencing that the person is serving in the armed
23   forces of the United States, is guilty of a misdemeanor and, upon
24   conviction:
25        (1) for a first offense, must be fined not less than two
26   hundred dollars nor more than three hundred dollars or imprisoned
27   not more than thirty days, or both; and
28        (2) for a second or subsequent offense, must be fined not
29   less than four hundred dollars nor more than five hundred dollars
30   or imprisoned not more than thirty days, or both.”
31
32   SECTION 3. Section 61-4-90(C) of the 1976 Code is amended to
33   read:
34
35      “(C) The provisions of this section do not apply to a:
36        (1) spouse over the age of twenty-one giving beer or wine to
37   his spouse under the age of twenty-one in their home;
38        (2) parent or guardian over the age of twenty-one giving
39   beer or wine to his children or wards under the age of twenty-one
40   in their home; or
41        (3) person giving beer or wine to another person under the
42   age of twenty-one in conjunction with a religious ceremony or
43   purpose if the beer or wine was lawfully purchased; or

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 1        (4) person giving beer or wine to another person under the
 2   age of twenty-one who is serving in the armed forces of the United
 3   States.”
 4
 5   B. Section 61-6-4070(C) of the 1976 Code is amended to read:
 6
 7      “(C) The provisions of this section do not apply to a:
 8        (1) spouse over the age of twenty-one giving alcoholic
 9   liquors to his spouse under the age of twenty-one in their home;
10        (2) parent or guardian over the age of twenty-one giving
11   alcoholic liquors to his children or wards under the age of
12   twenty-one in their home; or
13        (3) person giving alcoholic liquors to another person under
14   the age of twenty-one in conjunction with a religious ceremony or
15   purpose if the alcoholic liquors were lawfully purchased; or
16        (4) person giving beer or wine to another person under the
17   age of twenty-one who is serving in the armed forces of the United
18   States.”
19
20   SECTION 4. If any section, subsection, paragraph, subparagraph,
21   sentence, clause, phrase, or word of this act is for any reason held
22   to be unconstitutional or invalid, such holding shall not affect the
23   constitutionality or validity of the remaining portions of this act,
24   the General Assembly hereby declaring that it would have passed
25   this act, and each and every section, subsection, paragraph,
26   subparagraph, sentence, clause, phrase, and word thereof,
27   irrespective of the fact that any one or more other sections,
28   subsections, paragraphs, subparagraphs, sentences, clauses,
29   phrases, or words hereof may be declared to be unconstitutional,
30   invalid, or otherwise ineffective.
31
32   SECTION 5. This act takes effect upon approval by the Governor.
33                            ----XX----
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