S 0196 General Bill, By Leventis and M.T. Rose
 A BILL TO AMEND SECTION 11-35-4220, AS AMENDED, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO DEBARMENT OR SUSPENSION FROM CONSIDERATION FOR
 AWARD OF CONTRACTS UNDER THE PROCUREMENT CODE, SO AS TO INCLUDE CONVICTION FOR
 CRIMINAL VIOLATION OF STATE OR FEDERAL ENVIRONMENTAL LAW AS A CAUSE FOR
 DEBARMENT OR SUSPENSION; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO
 THE OFFENSE OF LITTERING, SO AS TO DISTINGUISH LITTERING FOR COMMERCIAL AND
 NONCOMMERCIAL PURPOSES AND INCREASE PENALTIES; TO AMEND SECTION 44-55-90,
 RELATING TO PENALTIES PERTAINING TO THE SAFE DRINKING WATER ACT, SO AS TO
 REVISE THE PENALTIES AND PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR OFFENSE
 AND AN OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 44-56-20, AS AMENDED,
 RELATING TO DEFINITIONS PERTAINING TO THE HAZARDOUS WASTE MANAGEMENT ACT, SO
 AS TO PROVIDE FOR A DEFINITION OF "PERSON"; TO AMEND SECTION 44-56-140,
 RELATING TO PENALTIES PERTAINING TO THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS
 TO PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR OFFENSE, REVISE PENALTIES,
 AND PROVIDE FOR OFFENSES FOR KNOWINGLY WITHHOLDING OR DESTROYING INFORMATION
 OR MAKING FALSE STATEMENTS OR RECORDS AND FOR KNOWING ENDANGERMENT; TO AMEND
 SECTION 44-93-150, RELATING TO PENALTIES PERTAINING TO THE INFECTIOUS WASTE
 MANAGEMENT ACT, SO AS TO PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR, REVISE
 PENALTIES, AND PROVIDE FOR OFFENSES FOR FALSE REPRESENTATIONS, DESTRUCTION OR
 CONCEALMENT OF RECORDS, WITHHOLDING INFORMATION, AND KNOWING ENDANGERMENT; AND
 TO AMEND SECTION 48-1-320, RELATING TO PENALTIES PERTAINING TO THE POLLUTION
 CONTROL ACT, SO AS TO REVISE PENALTIES AND PROVIDE FOR FELONY OFFENSES FOR
 KNOWINGLY VIOLATING THE ACT AND FOR KNOWING ENDANGERMENT.

   10/17/94  Senate Prefiled
   10/17/94  Senate Referred to Committee on Judiciary
   01/10/95  Senate Introduced and read first time SJ-67
   01/10/95  Senate Referred to Committee on Judiciary SJ-67

A BILL

TO AMEND SECTION 11-35-4220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEBARMENT OR SUSPENSION FROM CONSIDERATION FOR AWARD OF CONTRACTS UNDER THE PROCUREMENT CODE, SO AS TO INCLUDE CONVICTION FOR CRIMINAL VIOLATION OF STATE OR FEDERAL ENVIRONMENTAL LAW AS A CAUSE FOR DEBARMENT OR SUSPENSION; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF LITTERING, SO AS TO DISTINGUISH LITTERING FOR COMMERCIAL AND NONCOMMERCIAL PURPOSES AND INCREASE PENALTIES; TO AMEND SECTION 44-55-90, RELATING TO PENALTIES PERTAINING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE PENALTIES AND PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR OFFENSE AND AN OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 44-56-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A DEFINITION OF "PERSON"; TO AMEND SECTION 44-56-140, RELATING TO PENALTIES PERTAINING TO THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR OFFENSE, REVISE PENALTIES, AND PROVIDE FOR OFFENSES FOR KNOWINGLY WITHHOLDING OR DESTROYING INFORMATION OR MAKING FALSE STATEMENTS OR RECORDS AND FOR KNOWING ENDANGERMENT; TO AMEND SECTION 44-93-150, RELATING TO PENALTIES PERTAINING TO THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR, REVISE PENALTIES, AND PROVIDE FOR OFFENSES FOR FALSE REPRESENTATIONS, DESTRUCTION OR CONCEALMENT OF RECORDS, WITHHOLDING INFORMATION, AND KNOWING ENDANGERMENT; AND TO AMEND SECTION 48-1-320, RELATING TO PENALTIES PERTAINING TO THE POLLUTION CONTROL ACT, SO AS TO REVISE PENALTIES AND PROVIDE FOR FELONY OFFENSES FOR KNOWINGLY VIOLATING THE ACT AND FOR KNOWING ENDANGERMENT.

Whereas, the General Assembly believes that South Carolina possesses the finest natural resources in the nation; and

Whereas, the General Assembly believes it is critical that South Carolina's natural resources be preserved and that South Carolina's environment be protected; and

Whereas, the General Assembly believes that South Carolina's people are this State's most precious resource, that the quality of life of every South Carolina citizen is fundamentally important, and that the health and well-being of every South Carolinian is crucial to South Carolina's future; and

Whereas, the General Assembly finds that the protection of South Carolina's environment is linked closely to the growth of this State's economy and expansion of its job base, and that violations of laws protecting the environment put honest businesses at a competitive disadvantage in the market place; and

Whereas, the General Assembly finds that South Carolina's laws protecting the environment must be strengthened so that those who would intentionally harm the environment are punished adequately and so that intentional violations are deterred fully. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act is known as The Omnibus Environmental Penalties Act.

SECTION 2. Section 11-35-4220(2) of the 1976 Code, as last amended by Section 36, Act 178 of 1993, is further amended to read:

"(2) Causes for Debarment or Suspension. The causes for debarment or suspension shall include, but are not be limited to, the following:

(a) conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such the contract or subcontract;

(b) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other another offense indicating a lack of business integrity or professional honesty which currently, seriously, and directly affects responsibility as a state contractor;

(c) conviction for criminal violation of state or federal environmental laws;

(c)(d) conviction under state or federal antitrust laws arising out of the submission of bids or proposals;

(d)(e) violation of contract provisions, as set forth below in this item, of a character which is regarded by the appropriate Chief Procurement Officer to be so serious as to justify debarment action:

(i) deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

(ii) a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided. However, that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall must not be considered to be a basis for debarment;

(e)(f) violation of an order of the Procurement Review Panel; and

(f)(g) any other another cause the appropriate Chief Procurement Officer determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for any a cause listed herein in this section."

SECTION 3. Section 16-11-700 of the 1976 Code, as last amended by Acts 288 and 497 of 1994, is further amended to read:

"Section 16-11-700. (A) No person may dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste as defined by Section 44-96-3040(46) upon any public or private property or waters in the State whether from a vehicle or otherwise, including, but not limited to, a public highway, a public park, a beach, a campground, forest land, a recreational area, a trailer park, a highway, a road, a street, or an alley except:

(1) when the property is designated by the State for the disposal of litter and other solid waste and the person is authorized to use the property for that purpose;

(2) into a litter receptacle in a manner that the litter is prevented from being carried away or deposited by the elements upon a part of the private or public property or waters.

(B) Responsibility for the removal of litter from property or receptacles is upon the person convicted under this section of littering the property or receptacles. However, if there is no conviction, the responsibility is upon the owner of the property or upon the owner of the property where the receptacle is located.

(C)(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume, and not for commercial purposes, is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days for each offense. In addition to a fine and for each offense under the provisions of this item, the court shall also shall impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is two hundred dollars. The provisions of This item apply applies to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item the court shall also shall impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(3) The court, in lieu of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public service as it may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.

(4) For a second and subsequent convictions under the provisions of items item (1) or (2) of this subsection, a minimum of twenty hours of community service must be imposed in addition to a fine.

(5) In addition to any other punishment authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any a public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence.

(6) Magistrates' and municipal courts have jurisdiction to try violations of subsections (A), (B), (C), and (D) of this section.

(D) Any A person who violates the provisions of this section in an amount exceeding fifteen pounds in weight or twenty-seven cubic feet in volume, but not exceeding five hundred pounds or one hundred cubic feet, and not for commercial purposes, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed.

(E)(1) Any A person who violates the provisions of this section in an amount exceeding five hundred pounds in weight or one hundred cubic feet in volume or in any quantity for commercial purposes is guilty of a misdemeanor felony and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars; or imprisoned not more than one year five years, or both. In addition, the court may order the violator to:

(a) remove or render harmless the litter that he dumped in violation of this subsection;

(b) repair or restore property damaged by, or pay damages for damage arising out of, his dumping litter in violation of this subsection; or

(c) perform community public service relating to the removal of litter dumped in violation of this subsection or relating to the restoration of an area polluted by litter dumped in violation of this subsection.

(2) A court may enjoin a violation of this subsection.

(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than five hundred pounds in weight or more than one hundred cubic feet in volume of litter in violation of this subsection is declared contraband and is subject to seizure and summary forfeiture to the State.

(4) If a person sustains damages arising out of a violation of this subsection that is punishable as a felony, a court, in a civil action for such the damages, shall order the person to pay the injured party threefold the actual damages or two hundred dollars, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees.

(5) No part of a fine imposed pursuant to this section may be suspended.

(6) For purposes of this subsection if a person dumps litter from a commercial vehicle, it is permissible to infer that the person dumped the litter for commercial purposes.

(a) `Commercial purpose' means for the purpose of economic gain.

(b) `Commercial vehicle' means a vehicle owned and used by a business, corporation, association, partnership, sole proprietorship or any entity conducting business for a commercial purpose.

(F) For purposes of the offenses established by this section, litter includes cigarettes and cigarette filters.

(G) For a second or subsequent conviction under this section, the maximum fines and terms of imprisonment are doubled."

SECTION 4. Section 44-55-90 of the 1976 Code is amended to read:

"Section 44-55-90. (a) Any (A)(1) A person wilfully violating the provisions of who knowingly violates Section 44-55-80 shall be deemed is guilty of a misdemeanor felony and, upon a first conviction, shall must be fined not more than ten fifty thousand dollars for each day of violation or imprisoned for not more than one year five years, or both, for each day of violation. If the conviction is for a second or subsequent offense, the maximum fine and term of imprisonment are doubled.

(2)(a) A person who knowingly violates Section 44-55-80, who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than fifteen years, or both. A person other than an individual who violates this subsection, upon conviction, must be fined not more than one million dollars.

(b) For purposes of this item:

(i) a person's state of mind is knowing with respect to:

1. his conduct, if he is aware of the nature of his conduct;

2. an existing circumstance, if he is aware or believes that the circumstance exists; or

3. a result of his conduct, if he is aware or believes that his conduct is substantially certain to cause danger or death or serious bodily injury.

(ii) In determining whether a defendant who is a natural person knew that his conduct placed another person in imminent danger of death or serious bodily injury:

1. The person is responsible only for actual awareness or actual belief that he possessed.

2. Knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant. However, in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information.

(iii) The term `serious bodily injury' means:

1. bodily injury which involves a substantial risk of death;

2. unconsciousness;

3. extreme physical pain;

4. protracted and obvious disfigurement; or

5. protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(iv) A criminal penalty imposed for a violation of this article is in addition to and not in lieu of any civil or administrative penalty or sanction otherwise authorized by law.

(v) Each day of violation constitutes a separate offense.

(b)(B)(1) Any A violation of Section 44-55-80 by any a person shall render renders the violator liable to the State for a civil penalty of a sum which is not more than five thousand dollars for each day of violation.

(2) The department may administer penalties as otherwise provided herein for violations of this article, including any an order, a permit, a regulation, or a standard or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure such the penalty.

(c)(C) The department may cause to be instituted a civil action in any a court of applicable jurisdiction for injunctive relief to prevent a violation of this article or any an order issued pursuant to Sections 44-55-40, 44-55-60, and 44-55-70."

SECTION 5. Section 44-56-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:

"(15) `Person' means an individual, a trust, a firm, a joint stock company, a federal agency, a corporation including a government corporation, a partnership, an association, a state, a municipality, a commission, a political subdivision of a state, an interstate body, or another legal entity."

SECTION 6. Section 44-56-140 of the 1976 Code is amended to read:

"Section 44-56-140. (A) Whenever the department finds that any a person is in violation of any a permit, regulation, standard, or requirement under this chapter, the department may issue an order requiring such the person to comply with such the permit, regulation, standard, or requirement, or the department may request that the Attorney General bring a civil action for injunctive relief in the appropriate court; or, the department may request that the Attorney General bring a civil enforcement action under subsection (B) of this section. A violation of any a court order issued pursuant to this section shall be is deemed contempt of the issuing court and punishable therefor as contempt as provided by law. The department also may also invoke civil penalties as provided in this section for violations of the provisions of this chapter, including any an order, a permit, a regulation, or a standard. Any A person against whom a civil penalty is invoked by the department may appeal the decision of the department to the Court of Common Pleas in Richland County.

(B) Any A person who violates any a provision of Section 44-56-130 shall be is liable for a civil penalty not to exceed twenty-five thousand dollars per for each day of violation.

(C) Any A person who willfully:

(1) knowingly violates any a provision of Section 44-56-130 shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be fined not more than twenty-five fifty thousand dollars per day of violation or imprisoned for not more than one year five years, or both, for each day of violation. If the conviction is for a second or subsequent offense;, the punishment shall be by a maximum fine not to exceed fifty thousand dollars per day of violation, or and term of imprisonment not to exceed two years, or both are doubled.

(2) takes the following actions is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than two years, or both, for each day of violation. If the conviction is for a second or subsequent offense, the violator is guilty of a felony and, upon conviction, the maximum fine is doubled and the maximum term of imprisonment is increased to not more than five years, for each day of violation:

(a) knowingly omits material information or makes a false material statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with regulations promulgated under this chapter;

(b) knowingly destroys, alters, conceals, or fails to file a record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with regulations promulgated under this chapter;

(c) knowingly withholds information regarding a real and substantial danger to the public health or safety when the information has been requested by the department and is required to carry out the department's responsibilities pursuant to this chapter in response to a real and substantial danger.

(3)(a) knowingly transports, treats, stores, or disposes of hazardous waste identified or listed under and in violation of this chapter or a regulation promulgated pursuant to this chapter who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than fifteen years, or both. A person other than an individual, upon conviction of violating this item, must be fined not more than one million dollars.

(b) For purposes of this item:

1. A person's state of mind is knowing with respect to:

a. his conduct if he is aware of the nature of his conduct;

b. an existing circumstance if he is aware or believes that the circumstance exists; or

c. a result of his conduct if he is aware or believes that his conduct is substantially certain to cause danger or death or serious bodily injury.

2. In determining whether a defendant who is a natural person knew that his conduct placed another person in imminent danger of death or serious bodily injury:

a. The person is responsible only for actual awareness or actual belief that he possessed.

b. Knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant. However, in proving the defendant's possession of actual knowledge, circumstantial evidence may be used including evidence that the defendant took affirmative steps to shield himself from relevant information.

3. The term `serious bodily injury' means:

a. bodily injury which involves a substantial risk of death;

b. unconsciousness;

c. extreme physical pain;

d. protracted and obvious disfigurement; or

e. protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(D) Each day of noncompliance with any an order issued pursuant to this chapter, or noncompliance with any a violation of a permit, regulation, standard, or requirement pursuant to Section 44-56-130 shall constitute constitutes a separate offense.

(E) The violations referred to in this section shall must be reported by the department to the governing body of the county or municipality concerned within twenty-four hours.

(F) A criminal penalty imposed for a violation of this chapter is in addition to and not in lieu of a civil or an administrative penalty or sanction otherwise authorized by law."

SECTION 7. Section 44-93-150(C) and (D) of the 1976 Code, as added by Act 134 of 1989, are amended to read:

"(C) A person who wilfully:

(1) knowingly violates a provision of Section 44-93-140 is guilty of a misdemeanor felony and, upon conviction, must be fined not more than ten fifty thousand dollars for each day of violation or imprisoned for not more than one year five years, or both, for each day of violation. If the conviction is for a second or subsequent offense, the punishment must be by a maximum fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both and term of imprisonment are doubled.

(2) takes the following actions is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than two years, or both, for each day of violation. If the conviction is for a second or subsequent offense, the violator is guilty of a felony and, upon conviction, the maximum fine is doubled and the maximum term of imprisonment is increased to not more than five years, or both, for each day of violation.

(a) knowingly omits material information or makes a false material statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this chapter or regulations thereunder;

(b) knowingly destroys, alters, conceals, or fails to file a record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this chapter or regulations promulgated pursuant to this chapter;

(c) knowingly withholds information regarding a real and substantial danger to the public health or safety when the information has been requested by the department and is required to carry out the department's responsibilities pursuant to this chapter in response to a real and substantial danger.

(3)(a) knowingly transports, treats, stores, or disposes of infectious waste in violation of this chapter or a regulation promulgated pursuant to this chapter who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than fifteen years, or both. A person other than an individual, upon conviction of violating this item, must be fined not more than one million dollars.

(b) For purposes of this item:

1. A person's state of mind is knowing with respect to:

a. his conduct if he is aware of the nature of his conduct;

b. an existing circumstance if he is aware or believes that the circumstance exists; or

c. a result of his conduct if he is aware or believes that his conduct is substantially certain to cause danger or death or serious bodily injury.

2. In determining whether a defendant who is a natural person knew that his conduct placed another person in imminent danger of death or serious bodily injury:

a. The person is responsible only for actual awareness or actual belief that he possessed.

b. Knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant. However, in proving the defendant's possession of actual knowledge, circumstantial evidence may be used including evidence that the defendant took affirmative steps to shield himself from relevant information.

3. The term `serious bodily injury' means:

a. bodily injury which involves a substantial risk of death;

b. unconsciousness;

c. extreme physical pain;

d. protracted and obvious disfigurement; or

e. protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(D) Each day of noncompliance with an order issued pursuant to this chapter or noncompliance with a violation of a permit, regulation, standard, or requirement pursuant to this chapter constitutes a separate offense. A criminal penalty imposed for a violation of this chapter is in addition to and not in lieu of a civil or an administrative penalty or sanction otherwise authorized by law."

SECTION 8. Section 48-1-320 of the 1976 Code is amended to read:

"Section 48-1-320. (A) Any A person who willfully or negligently violates any of the provisions of this chapter, or any rule or a regulation promulgated pursuant to this chapter, a permit or permit condition, or a final determination or an order of the department, shall be deemed is guilty of a misdemeanor and, upon a first conviction, shall must be punished by a fine of fined not less than five hundred dollars nor more than twenty-five thousand dollars for each day's violation or be imprisoned for not more than two years, or both, for each day's violation. If the conviction is for a second or subsequent offense, the maximum fine is doubled, and the term of imprisonment is increased to three years.

(B) A person who knowingly violates this chapter or a regulation promulgated pursuant to this chapter, a permit or permit condition, a certification, a final determination, or an order of the board or department is guilty of a felony and, upon a first conviction, must be fined not less than five hundred nor more than fifty thousand dollars or imprisoned not more than five years, or both, for each day of violation. If the conviction is for a second or subsequent offense the maximum fine and term of imprisonment are doubled.

(C)(1) A person who knowingly violates this chapter or a regulation promulgated pursuant to this chapter, a permit or permit condition, a certification, or a final determination, or an order of the board or department who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury shall, upon conviction, be fined not more than two hundred fifty thousand dollars or imprisoned not more than fifteen years. A person other than an individual, upon conviction of violating this subsection, must be fined not more than one million dollars.

(2) For purposes of this subsection:

(a) A person's state of mind is knowing with respect to:

1. his conduct if he is aware of the nature of his conduct;

2. an existing circumstance if he is aware or believes that the circumstance exists; or

3. a result of his conduct if he is aware or believes that his conduct is substantially certain to cause danger or death or serious bodily injury.

(b) In determining whether a defendant who is a natural person knew that his conduct placed another person in imminent danger of death or serious bodily injury:

1. The person is responsible only for actual awareness or actual belief that he possessed.

2. Knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant. However, in proving the defendant's possession of actual knowledge, circumstantial evidence may be used including evidence that the defendant took affirmative steps to shield himself from relevant information.

(c) The term `serious bodily injury' means:

1. bodily injury which involves a substantial risk of death;

2. unconsciousness;

3. extreme physical pain;

4. protracted and obvious disfigurement; or

5. protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(D) A criminal penalty imposed for a violation of this chapter is in addition to and not in lieu of a civil or an administrative penalty or a sanction otherwise authorized by law.

(E) Each day of violation constitutes a separate offense."

SECTION 9. If a part of this act is declared invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, it is declared severable from the remaining portions of this act. The remaining portions remain in full force and effect as if the invalid, unenforceable, or unconstitutional portion were omitted.

SECTION 10. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved and may be consummated according to the law in force when they are commenced. This act does not affect prosecution pending or begun before the effective date of this act.

SECTION 11. This act takes effect upon approval by the Governor.