H 3689 General Bill, By J.L.M. Cromer, Bailey, G.A. Brown, H. Brown, J. Brown, 
R.S. Corning, T.L. Farr, J.V. Gregory, B.H. Harwell, M.F. Jaskwhich, 
J.C. Johnson, Keegan, W.P. Keesley, Littlejohn, S.G. Manly, McCraw, Meacham, 
Phillips, Quinn, J. Rama, Rhoad, Scott, Sharpe, J.J. Snow, Vaughn, J.B. Wilder, 
D. Williams and J.B. Williams
 A Bill to amend Section 16-11-700, as amended, Code of Laws of South Carolina,
 1976, relating to dumping litter on public or private property, prohibitions,
 exceptions, responsibility for removal and penalties, so as to increase the
 penalties and the fee provided for violations of this Section.

   03/14/91  House  Introduced and read first time HJ-3
   03/14/91  House  Referred to Committee on Judiciary HJ-3
   03/24/92  House  Tabled in committee

A BILL

TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUMPING LITTER ON PUBLIC OR PRIVATE PROPERTY, PROHIBITIONS, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL AND PENALTIES, SO AS TO INCREASE THE PENALTIES AND THE FEE PROVIDED FOR VIOLATIONS OF THIS SECTION.

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

SECTION 1. Section 16-11-700(C) of the 1976 Code, as last amended by Act 530 of 1988, is further amended to read:

"(C)(1) Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one two hundred dollars nor more than two four hundred dollars for each offense. In addition to any fine and for each offense under the provisions of this item, the court also must also impose a minimum of five ten hours of litter-gathering labor or other such 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 four hundred dollars. The provisions of this item apply 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 any fine and for each offense under the provisions of this item the court must also impose a minimum of five ten hours of litter-gathering labor or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(3) No part of any fine imposed pursuant to items item (1) or (2) of this subsection may be suspended.

(4) 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 such public service as the court may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour two hours for each five dollars of fine imposed.

(5) For a second conviction under the provisions of items item (1) or (2) of this subsection, a minimum of twenty forty hours of community service must be imposed in addition to any fine.

(6) In addition to any other punishment authorized by this section, in the discretion of any court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any 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.

(7) Notwithstanding any other provision of law, magistrates and municipal courts have jurisdiction to try violations of this section."

SECTION 2. Section 16-11-700(D) of the 1976 Code, as added by Act 530 of 1988, is amended to read:

"(D) In addition to the fines provided for in subsection (C) of this section, a fee of twenty-five fifty dollars is assessed to all persons convicted or pleading guilty or nolo contendere for violating the provisions of this section. This fee goes to the county general fund and must be used to defray the cost of supervising those persons who have been ordered to do public service pursuant to the provisions of this section."

SECTION 3. This act takes effect upon approval by the Governor.