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Article published Feb 9, 2005
Proposed bill would fine young smokers
Robert W. Dalton
Staff
Writer
COLUMBIA -- During her 20 years of working in convenience
stores, Cindy Ruttle has seen a number of people fined for selling tobacco
products to minors.But she's never seen an underage person who attempts to buy a
pack of cigarettes receive any punishment."I see it all the time," said Ruttle,
the manager of the Mini Mart on East Main Street in Spartanburg. "Kids come in
here all the time with no ID or with an ID they've tried to alter."State Rep.
Scott Talley, R-Spartanburg, wants to change that. Talley has introduced a bill
that would create penalties for children under 18 who light up.He said the
intent of the bill is twofold."First, hopefully it would cut down on youths'
access to tobacco," Talley said. "Second, I think it's fair to say that rising
health care costs have a lot to do with smoking. And it's the taxpayer who gets
stuck with those costs."Under Talley's proposal, a first offense would be
punishable by a minimum $100 fine or not less than 20 hours of community
service. A second offense would result in a minimum $200 fine or not less than
40 hours of community service. The fine climbs to a minimum $300 for third and
subsequent offenses.Talley said law enforcement officers wouldn't conduct random
searches looking for underage smokers. He said like the current seat belt law --
which allows police to ticket adult drivers who aren't buckled up only if they
stop them for another violation -- the tobacco charges would have to come as a
result of an investigation for another offense."The bill is written to be a
deterrent and have an impact on youth smoking, not to harm a kid's future,"
Talley said. "If they pay their fines or do their community service, when they
turn 18 they can have it expunged from their record."Rep. Ralph Davenport,
R-Boiling Springs, said he supports Talley's plan."I don't know why kids pick
upsmoking anyway," Davenport said. "It's a very bad personal decision that has
the unintended consequence of hurting their health. There's nothing macho about
getting cancer."Davenport said he expects Talley to take some heat over
sponsoring the bill."I'm sure he'll catch some static, but he's a young man with
big shoulders," Davenport said. "I'm proud of him."Elise Lyles, 17, said the
proposed penalties wouldn't keep any of her friends from smoking."Nobody's
reason for not doing something isn't because it's illegal," said Lyles, a
Spartanburg High School junior and a non-smoker."It's just something else to try
to get away with."Robert W. Dalton can be reached at 562-7274 or
bob.dalton@shj.com.