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Posted on Sat, Mar. 13, 2004

South Carolina working to change some of its more offbeat laws




Associated Press

In South Carolina, it's against the law to give someone a tattoo. When you go to a bar, liquor is sold only in the tiny bottles used by airlines. And police have no authority to stop a driver for not wearing a seat belt.

But the state where the Confederate flag flew above the Statehouse until about four years ago is taking steps to get back in synch with the rest of the nation. The South Carolina Legislature is working on bills to end some of the prohibitions or change the laws that make the state unique.

The minibottle law appears likeliest to fall. The state House and Senate have approved separate plans that would end the state's requirement that bars and restaurants serve booze only from 1.7-ounce bottles.

South Carolina currently is the only state that requires minibottles, which have been a fixture since 1974. The current law makes it easy for the state to tax every drink sold in the state.

Lawmakers say the "free-pour option" will make South Carolina, whose economy relies heavily on tourism, more competitive with other states.

"It just brings us into the new millennium," said Rep. Bill Cotty, R-Columbia. "It's a good step forward. We're moving more into line with what businesses are doing nationwide."

Erik Concoby, lounge supervisor at the Adam's Mark hotel in downtown Columbia, said the change would be a transition for his bartenders but might be good for business among out-of-towners.

A single-liquor drink isn't much different in South Carolina than the rest of the country, but a drink that includes several liquors can be significantly stronger and costlier here than elsewhere because customers are served multiple minibottles.

Concoby said many businesspeople staying at the hotel visit the bar and are surprised by the minibottles. "Ten times a night I have to explain the minibottle law," he said.

Next on the Palmetto State's docket is a bill to legalize and regulate tattoos.

South Carolina and Oklahoma are the only states that prohibit tattooing. Legislation to lift the ban has been introduced here nearly every year for the past decade. Oklahoma is working on similar legislation.

In the past, tattoo legislation has stalled in the South Carolina House. Just last month, representatives voted to send the bill back to committee. Opponents said the bill doesn't do enough to address concerns about zoning for tattoo parlors.

It was a setback for the bill, which already had been approved by the Senate. Supporters remain hopeful that it will become law this year, but the bill is not expected to return to the full House until next month at the earliest.

The measure would prevent minors or those under the influence of drugs and alcohol from getting a tattoo. It also would prevent tattooists from reusing sterilized needles and require them to get certification and training.

Supporters say illegal tattooing leads to hepatitis C and other blood-borne diseases.

"We're going to keep trying," said Rep. David Mack, D-North Charleston. "It's a very important health care issue. It doesn't make sense ... to still allow folks to go into backroom alleys in the state of South Carolina."

The state Senate also is considering a bill that would give officers the authority to stop and ticket adult drivers not wearing seat belts. Even though South Carolina law requires seat belt use, police can only ticket adult drivers if officers stop the car for another violation, such as speeding.

More than half the states already have such laws. Seat belt proponents cite safety issues and the escalating costs of insurance, while opponents say the bill infringes on privacy rights.

Senators plan to discuss the bill this week.

Lawmakers also are once again looking at a measure that would require boiler inspections, however boiler inspection bills have died in 24 of the past 26 years in the Legislature. The American Society of Mechanical Engineers says South Carolina is the only state without such a law.

All these bills deal with increased government involvement, but at some point public health and safety override those complaints, Cotty said.

South Carolina is a conservative state that is frightened by social change, and strongly influenced by religion, which explains a reluctance over the years to change laws on tattoos and liquor, said University of South Carolina political scientist Blease Graham.

The strong drive to change these laws after so many years of struggle reflects current thinking about individual choice, Graham said.

"The removal of state government regulations is a reflection of conservative thinking," Graham said. The House and Senate have GOP majorities, and the governor is a Republican.


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