South Carolina General Assembly
114th Session, 2001-2002

Download This Version in Microsoft Word format

Bill 147

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


Indicates Matter Stricken

Indicates New Matter

AMENDED

May 22, 2001

    S. 147

Introduced by Senators Hawkins, Waldrep and Ritchie

S. Printed 5/22/01--H.

Read the first time April 10, 2001.

            

A BILL

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.

    Amend Title To Conform

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.

    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."

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

----XX----

This web page was last updated on Thursday, June 25, 2009 at 2:07 P.M.