Current Status Bill Number:View additional legislative information at the LPITS web site.3603 Ratification Number:533 Act Number:1 of 1999 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970306 Primary Sponsor:Allison All Sponsors:Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle Drafted Document Number:egm\18575djc.97 Date Bill Passed both Bodies:19980616 Date of Last Amendment:19980616 Governor's Action:U Became law without signature of Governor Date of Governor's Action:19990114 Subject:Children, unlawful neglect of, abandonment of; Minors, abused, neglected History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990226 Act No. A1 ------ 19990114 Unsigned, became law without signature of Governor ------ 19980617 Ratified R533 Senate 19980616 Ordered enrolled for ratification Senate 19980616 Free Conference Committee Report 89 SFCC adopted House 19980616 Free Conference Committee Report 99 HFCC adopted Senate 19980616 Free Conference Powers granted, 89 SFCC Passailaigue appointed Senators to Committee Courtney of Free Conference Glover House 19980616 Free Conference Powers granted, 99 HFCC Cotty appointed Reps. to Committee of Campsen Free Conference Govan House 19980616 Free Conference Powers rejected Senate 19980604 Conference powers granted, 88 SCC Passailaigue appointed Senators to Committee Courtney of Conference Glover House 19980603 Conference powers granted, 98 HCC Cotty appointed Reps. to Committee of Campsen Conference Govan House 19980603 Insists upon amendment Senate 19980603 Non-concurrence in House amendment House 19980602 Senate amendments amended, returned to Senate with amendment House 19980602 Debate adjourned on Senate amendments Senate 19980527 Read third time, returned to House with amendment Senate 19980527 Amended Senate 19980324 Amended Senate 19980319 Read second time Senate 19980318 Committee report: Favorable 11 SJ Senate 19970422 Introduced, read first time, 11 SJ referred to Committee House 19970417 Amended, read third time, sent to Senate House 19970416 Debate adjourned until Thursday, 19970417 House 19970415 Amended, read second time House 19970409 Committee report: Favorable with 25 HJ amendment House 19970306 Introduced, read first time, 25 HJ referred to Committee
(A1 of 1999, R533 of 1998, H3603)
AN ACT TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD, SO AS TO SPECIFY THAT SUCH CONDUCT IS PROHIBITED, AMONG OTHER PERSONS, BY A PERSON RESPONSIBLE FOR THE WELFARE OF A CHILD, RATHER THAN A PERSON ONLY RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD; TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO PERSONS UNDER TWENTY-ONE YEARS OF AGE PURCHASING AND POSSESSING BEER, WINE, AND ALCOHOLIC LIQUORS, SO AS TO CREATE AN EXCEPTION FOR A STUDENT EIGHTEEN YEARS OF AGE OR OLDER WHO AS A REQUIREMENT OF A CULINARY ARTS COLLEGE COURSE MUST TASTE SUCH BEVERAGES; TO AMEND SECTIONS 61-6-4070 AND 61-4-90, RELATING TO THE UNLAWFUL TRANSFER OR GIVING OF ALCOHOLIC LIQUORS, BEER, OR WINE TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO CREATE AN EXEMPTION FOR AN INSTRUCTOR PROVIDING BEVERAGES TO A STUDENT FOR TASTING AS A REQUIREMENT OF A COLLEGE CULINARY ARTS COURSE; TO ADD SECTION 59-103-195 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO REVIEW, APPROVE, AND PROMULGATE REGULATIONS FOR CULINARY ARTS COURSES REQUIRING TASTING OF ALCOHOLIC BEVERAGES.
Be it enacted by the General Assembly of the State of South Carolina:
Unlawful conduct towards a child
SECTION 1. Section 20-7-50 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-50. (A) It is unlawful for a person who has charge or custody of a child, or who is the parent or guardian of a child, or who is responsible for the welfare of a child as defined in Section 20-7-490(5) to:
(1) place the child at unreasonable risk of harm affecting the child's life, physical or mental health, or safety;
(2) do or cause to be done unlawfully or maliciously any bodily harm to the child so that the life or health of the child is endangered or likely to be endangered; or
(3) wilfully abandon the child.
(B) A person who violates subsection (A) is guilty of a felony and for each offense, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
Purchase or possession of beer, ale, porter, wine, malt, or fermented beverage by a person under twenty-one years of age; penalty; culinary arts course exception
SECTION 2. Section 20-7-8920 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8920. (A) It is unlawful for a person under the age of twenty-one to purchase or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars.
(B) Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(C) This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(D) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."
Purchase or possession of alcoholic liquors by a person under twenty-one years of age; penalty; culinary arts course exception
SECTION 3. Section 20-7-8925 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8925. (A) It is unlawful for a person under the age of twenty-one to purchase or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days.
(C) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any alcoholic liquor as part of the required curriculum; and
(4) tastes the liquor pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The liquor must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any alcoholic liquor unless the liquor is delivered as part of the student's required curriculum, and the liquor is used only for instructional purposes during classes conducted pursuant to the curriculum."
Transfer or giving alcoholic liquors for consumption to a person under twenty-one years of age; penalty; culinary arts course exception
SECTION 4. Section 61-6-4070 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-4070. It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.
The provisions of this section do not apply to a spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any alcoholic liquors to a student under the age of twenty-one, if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the liquor is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the liquor during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the liquor is never offered for consumption or imbibed by the student; and
(5) the liquor at all times remains in the possession and control of the authorized instructor."
Transfer or giving beer or wine for consumption to a person under twenty-one years of age; penalty; culinary arts course exception
SECTION 5. Section 61-4-90 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-90. It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.
The provisions of this section do not apply to a spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any beer, ale, porter, wine, or other similar malt or fermented beverage to a student under the age of twenty-one if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the beverage is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the beverage is never offered for consumption or imbibed by the student; and
(5) the beverage at all times remains in the possession and control of the authorized instructor."
Commission to promulgate regulations and review and approve courses
SECTION 6. The 1976 Code is amended by adding:
"Section 59-103-195. The State Commission on Higher Education shall have review authority in order to determine the legitimacy and appropriateness of the tasting requirements pursuant to Sections 20-7-8920 and 20-7-8925. The commission shall also establish reasonable rules and restrictions through regulation, as appropriate, with regard to any proposed course of instruction in the culinary arts which any private or public institution desires to offer to students under twenty-one years of age in which the tasting of beer, ale, porter, wine, or other similar malt or fermented beverage or alcoholic liquor is required. Unless approved by the commission, no such course and no student under twenty-one years of age enrolled in such course shall qualify for the exceptions provided under Sections 20-7-8920, 20-7-8925, 61-6-4070, or 61-4-90. A course of instruction on bartending or any similar curriculum does not qualify for exception or approval by the commission under this section."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Ratified the 17th day of June, 1998.
Became law without the signature of the Governor -- 1/14/99.