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Harsher penalties sought in proposed underage drinking law
By Rick Brundrett · The (Columbia) State - Updated 12/13/06 - 12:31 AM
Penalties in South Carolina for underage drinking and providing alcohol to minors would increase under proposed legislation unveiled Tuesday.

"I realize that people under the age of 21 are going to drink," said state Rep. Ted Pitts, R-Lexington, "but also believe it would be irresponsible if the Legislature didn't address the issue and strengthen laws related to these offenses."

Since August, four young people have died in underage drinking crashes in Lexington County. The State Law Enforcement Division has not determined who provided the alcohol to the underage drivers in those wrecks.

Under the proposed legislation:

• Adults who knowingly allow underage drinking on their property would face criminal charges. Thirty-two other states have "social host" laws, Lourie said. Currently, adults in South Carolina can face criminal charges stemming from social situations only if they directly provide alcohol to minors.

• Youths younger than 21 could be charged with consuming or attempting to buy alcohol, which is illegal in 36 other states. In South Carolina now, it's only illegal to possess or purchase alcohol.

Besides fines and possible jail time, convicted young people also would lose their driver's licenses for six months for a first offense, up from the current three months.

• Beer kegs -- pressurized cans that can hold up to 15 gallons of beer -- would have to be registered to identify purchasers and sellers. Stores could lose their liquor licenses, and sales clerks could face criminal charges for violations.

The bills also would bring penalties for possession, purchase attempts, purchases or consumption of beer and wine in line with penalties involving liquor. Penalties for selling alcohol to minors also would increase.

In addition, young people convicted of alcohol offenses and store clerks convicted of selling alcohol to minors would be required to participate in alcohol education programs.

Barry Nachel of Red Bank in lexington County, whose 20-year-old son, Brent, was killed Aug. 13 in Lexington County in an underage-drinking-related wreck, said he supports all the proposals, particularly the "social host" provision.

"I believe that could have prevented my son's death," he said.

The car's 17-year-old driver was charged with felony DUI.

"We've seen a lot of fatalities in Lexington County related to underage drinking, so anything we can do to cut down on that is certainly worthwhile," Lexington County Sheriff James Metts said.

Metts said he thinks the keg registration requirement would bring "an abrupt halt" to keg parties, which he noted are common in the county.

During a news conference at the State House, Pitts called South Carolina's underage drinking laws the "weakest laws in the country" -- mirroring findings of an investigation by The State newspaper published Oct. 1.

Pitts and state Sen. Joel Lourie, D-Richland, said they plan to pre-file identical bills today in the S.C. House and Senate. They credited a number of state agencies and private organizations with helping to draft the proposals.

"This bill is about saving lives," Lourie said. "It's about a healthier generation of future and young South Carolinians."

Pitts said about 45 people younger than 21 die every year in South Carolina in alcohol-related crashes. In 2005, underage drinking cost S.C. residents $899 million in medical care, work loss and pain and suffering, according to a study by the Pacific Institute for Research and Evaluation.

About 186,000 underage S.C. young people drink each year, according to the organization. A survey last year of S.C. students in grades 9-12 by the U.S. Centers for Disease Control and Prevention found 71 percent had had at least one drink in their lives and 24 percent had had five or more drinks in a row in the past 30 days.

"It's not only a safety issue, it's a health issue because kids should not be drinking to begin with," W. Lee Catoe, director of the S.C. Department of Alcohol and Other Drug Abuse Services, said after the news conference.

Jami Goldman, director of the state chapter of Mothers Against Drunk Driving, said her organization was "actively involved" in drafting the bills, which she described as "all-encompassing."

Jeff Moore, director of the S.C. Sheriff's Association, said he believes the proposals have "an excellent opportunity of passing this year" because they have broad support among state agencies and the alcohol industry.

"We've got some holes in our statute that other states have closed over the years."

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