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Current Status Bill Number:View additional legislative information at the LPITS web site.492 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990216 Primary Sponsor:Gregory All Sponsors:Gregory, Wilson, Ryberg Drafted Document Number:l:\council\bills\pt\1212dw99.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Litter violator reported to Public Safety or Natural Resources departments; point system on licenses; Conservation History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990216 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF LITTERING, SO AS TO PROVIDE THAT IT IS PRIMA FACIE EVIDENCE THAT THE OPERATOR OF A CONVEYANCE HAS VIOLATED THIS SECTION WHEN LITTER IS THROWN, DEPOSITED, DROPPED, OR DUMPED FROM A CONVEYANCE, TO CREATE A REBUTTABLE PRESUMPTION THAT A PERSON HAS VIOLATED THIS SECTION WHEN HIS NAME IS DISCOVERED ON LITTER WHICH HAS BEEN DEPOSITED ON PUBLIC OR PRIVATE PROPERTY, TO PROVIDE FOR THE CONDITIONS UNDER WHICH A PERSON'S NAME MAY BE PUBLISHED IN A LOCAL NEWSPAPER WHEN HE IS CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO A VIOLATION OF THIS SECTION, AND PROVIDE THAT IF A VIOLATION OF THIS SECTION OCCURRED WHILE THE OFFENDER WAS OPERATING A MOTOR VEHICLE, THE COURT SHALL REPORT THE VIOLATION TO THE DEPARTMENT OF PUBLIC SAFETY AND IF IT OCCURRED WHILE THE OFFENDER WAS ENGAGED IN HUNTING OR FISHING, THE COURT SHALL REPORT THE VIOLATION TO THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-9-1120, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF HUNTING, FISHING, OR TRAPPING LAWS, BY ADDING LITTERING WHILE HUNTING OR FISHING TO THE OFFENSES FOR WHICH POINTS ARE ASSESSED; AND TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOTOR VEHICLE TRAFFIC LAWS, BY ADDING LITTERING WHILE OPERATING A MOTOR VEHICLE TO THE OFFENSES FOR WHICH POINTS ARE ASSESSED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-11-700 of the 1976 Code, as last amended by Section 36U, Part II, Act 497 of 1994, is further amended by adding at the end:
"(G)(1) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of this section, it is prima facie evidence that the operator of the conveyance has violated this section.
(2) Except as provided in subsection (G)(1) of this section, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of this section is discovered to contain any article or articles including, but not limited to, letters, bills, publications, or other writings which display the name of a person on them in such a manner as to indicate that the article belongs or belonged to the person, it is a rebuttable presumption that the person has violated this section.
(H) The enforcing law enforcement agency may publish in a local newspaper the name of a person who is convicted of or who pleads guilty or nolo contendere to a violation of this section if a finding is made on the record at the time of sentencing that the person's name may be published."
SECTION 2. Section 16-11-700(C)(5) of the 1976 Code, as last amended by Act 63 of 1991, is further amended to read:
"(5)(a) In addition to any other punishment authorized by this section, in the discretion of the court in which the conviction or the plea of guilty or nolo contendere 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.
(b) If the violation of this section occurred while the offender was operating a motor vehicle, the court in which the conviction or the plea of guilty or nolo contendere is obtained shall report the violation to the Department of Public Safety. If the violation of this section occurred while the offender was engaged in hunting or fishing, the court in which the conviction or the plea of guilty or nolo contendere is obtained shall report the violation to the Department of Natural Resources."
SECTION 3. Section 50-9-1120(1) of the 1976 Code, as added by Act 372 of 1996, is amended by adding an appropriately lettered subitem at the end to read:
"( ) littering in violation of Section 16-11-700 while hunting or fishing: 18."
SECTION 4. That portion of Section 56-1-720 of the 1976 Code containing the schedule of offenses is amended by adding at the end of the schedule:
"Littering in violation of
Section 16-11-700 while operating
a motor vehicle 6."
SECTION 5. This act takes effect upon approval by the Governor except that Sections 3 and 4 take effect July 1, 1999, and apply with respect to convictions for littering offenses occurring after June 30, 1999.
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