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COMMITTEE REPORT
May 16, 2001
S. 147
S. Printed 5/16/01--H.
Read the first time April 10, 2001.
To whom was referred a Bill (S. 147) to amend Section 48-1-320, Code of Laws of South Carolina, 1976, relating to criminal penalties for violations of the Pollution Control Act, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 48-1-320 by adding at the end:
/ For purposes of this section 'gross negligence' means the intentional, conscious failure to do something which a person ought to do or doing of something intentionally a person ought not to do or where a person is so indifferent to the consequences of his or her conduct as not to give slight care to what he or she is doing. /
Renumber sections to conform.
Amend totals and title to conform.
CHARLES R. SHARPE for Committee.
TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT SUCH PENALTIES ARE FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 48-1-320 of the 1976 Code is amended to read:
"Section 48-1-320. Any A person who wilfully or negligently with gross negligence or recklessness violates any of the provisions a provision of this chapter, or any rule or a regulation, permit or, permit condition, or final determination or order of the department, shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not less than five hundred dollars nor or more than twenty-five thousand dollars for each day's violation or be imprisoned for not more than two years, or both."
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