South Carolina General Assembly
113th Session, 1999-2000

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Bill 404

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Indicates New Matter

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Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 3, 1999

S. 404

Introduced by Senator Gregory

S. Printed 3/3/99--S.

Read the first time January 26, 1999.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 404), to amend Section 16-11-700, as amended, Code of Laws of South Carolina, 1976, relating to the crime of littering, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

GREG GREGORY, for Committee.

A 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 INCREASE FROM FIVE TO FIFTEEN THE MINIMUM HOURS A PERSON MAY BE REQUIRED TO PERFORM LITTER-GATHERING LABOR OR OTHER FORM OF PUBLIC SERVICE IF CONVICTED OF THE OFFENSE OF LITTERING.

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

SECTION 1. Section 16-11-700(C)(1) and (2) of the 1976 Code, as last amended by Part II, Section 36U, Act 497 of 1994, are further amended to read:

"(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 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 impose a minimum of five fifteen 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 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 impose a minimum of five fifteen 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."

SECTION 2. This act takes effect upon approval by the Governor.

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