H 3824 General Bill, By R.C. Fulmer, R.A. Barber, Cork, T.L. Farr, 
S.E. Gonzales, H.M. Hallman, Keegan, McCraw, Meacham, Phillips, J. Rama and 
R.M. Young
 A Bill to amend Section 16-11-700, as amended, Code of Laws of South Carolina,
 1976, relating to the offense of littering, so as to increase certain
 penalties and to provide that portions of certain fines be remitted to the
 South Carolina Department of Health and Environmental Control and the South
 Carolina Department of Highways and Public Transportation for specific
 programs.

   04/11/91  House  Introduced and read first time HJ-9
   04/11/91  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-9
   02/12/92  House  Tabled in committee

A BILL

TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE CERTAIN PENALTIES AND TO PROVIDE THAT PORTIONS OF CERTAIN FINES BE REMITTED TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR SPECIFIC PROGRAMS.

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

SECTION 1. Section 16-11-700 (C) and (D) 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 hundred dollars nor more than two five hundred dollars for each offense. In addition to any a fine and for each offense under the provisions of this item, the court also must also impose a minimum of five hours of litter-gathering labor or other such public service under the supervision of the court, 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 not less than two hundred dollars nor more than five hundred dollars. The provisions of this 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 any a fine and for each offense under the provisions of this item the court also must also impose a minimum of five hours of litter-gathering labor or other such public service under the supervision of the court, 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 a fine imposed pursuant to items item (1) or (2) of this subsection may be suspended.

Ten dollars of every fine collected pursuant to these items must be remitted to the South Carolina Department of Highways and Public Transportation to defray the cost of the `Adopt A Highway' program.

(4) The court, in lieu of payment Instead of the monetary fine imposed for a violation of this section, the court may direct the substitution of additional litter-gathering labor; or other such public service under the supervision of the court, as the court 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.

(5) For a second conviction 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 any the fine.

(6) In addition to any other punishment authorized by this section, the court in the its discretion of any court in which conviction is obtained, the person may be directed by the judge direct the person convicted under this section 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.

(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 against a person convicted or pleading guilty or nolo contendere for violating the provisions of this section. This fee goes must be remitted to the county general fund and governing body of the governmental entity that issued the summons, ticket, or arrested the violator for littering. The South Carolina Department of Health and Environmental Control is a governmental entity under this section for the purpose of including litter control agents of the department so that fines collected by these agents may be remitted to the Department of Health and Environmental Control. This fifty dollar fee 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 2. This act takes effect upon approval by the Governor.