South Carolina General Assembly
105th Session, 1983-1984

Bill 2967

                    Current Status

Bill Number:               2967
Ratification Number:       249
Act Number                 144
Introducing Body:          House
Subject:                   Penalties for violating any rule of the
                           Executive Committee of DHEC
View additional legislative information at the LPITS web site.

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

(A144, R249, H2967)

AN ACT TO AMEND SECTION 44-1-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING ANY RULE OF THE EXECUTIVE COMMITTEE OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DEPARTMENT), SO AS TO PROVIDE, AMONG OTHER THINGS, FOR AN EXCEPTION TO THE APPLICABILITY OF SECTION 44-1-150 WITH RESPECT TO THE PROVISIONS OF SECTION 44-1-151, DELETE THE REFERENCE TO "EXECUTIVE COMMITTEE", AND CHANGE THE MAXIMUM FINE TO TWO HUNDRED DOLLARS; TO AMEND THE 1976 CODE BY ADDING SECTION 44-l-151, SO AS TO PROVIDE FOR THE CONFISCATION AND DISPOSITION OF SHELLFISH INVOLVED IN ANY VIOLATION OF LAW, INCLUDING ANY REGULATION, REGARDING SHELLFISH, PROVIDE PENALTIES FOR ANY PERSON CONVICTED OF A SECOND OFFENSE OF HARVESTING SHELLFISH IN ANY POLLUTED AREA, PROVIDE PENALTIES FOR ANY PERSON CONVICTED OF A THIRD OR SUBSEQUENT OFFENSE OF HARVESTING SHELLFISH IN ANY POLLUTED AREA, PROVIDE FOR THE IMPOUNDING OF ALL EQUIPMENT USED OR IN ANY OTHER MANNER INVOLVED IN A FIRST OFFENSE OF HARVESTING SHELLFISH IN ANY POLLUTED AREA, PROVIDE FOR DELIVERY AND RETENTION OF SUCH IMPOUNDED EQUIPMENT, PROHIBIT RETURN OF SUCH EQUIPMENT TO THE OWNER UNTIL FINAL DISPOSITION OF THE CASE, AND PROVIDE FOR CONFISCATION OF ALL EQUIPMENT USED OR IN ANY OTHER MANNER INVOLVED IN A SECOND, THIRD, OR SUBSEQUENT OFFENSE OF HARVESTING SHELLFISH IN ANY POLLUTED AREA AND FOR THE SELLING AT AUCTION OF ALL SUCH CONFISCATED EQUIPMENT, EXCEPT WEAPONS, WHICH, FOLLOWING CONFISCATION, SHALL BE DISPOSED OF IN THE MANNER SET FORTH IN SECTIONS 16-23-50, 16-23-460, AND 16-23-500; AND TO AMEND THE 1976 CODE FURTHER BY ADDING SECTION 44-1-152, SO AS TO PROVIDE FOR THE DISPOSITION OF REVENUE DERIVED FROM ANY FINE OR FORFEITURE OF BOND FOR A VIOLATION OF ANY SHELLFISH LAW OR REGULATION AND OF MONIES DERIVED FROM AUCTION SALES OF CONFISCATED EQUIPMENT PURSUANT TO SECTION 44-1-151, PROVIDE FOR A REPORT OF FINES AND FORFEITURES OF BONDS REGARDING SHELLFISH VIOLATIONS TO BE SENT TO THE DEPARTMENT MONTHLY, AND PROVIDE FOR A REPORT OF MONIES DERIVED FROM AUCTION SALES OF CONFISCATED EQUIPMENT TO BE SENT TO THE DEPARTMENT MONTHLY.

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

Penalty

SECTION 1. Section 44-1-150 of the 1976 Code, as last amended by Act 148 of 1977, is further amended to read:

"Section 44-1-150. Except as provided in Section 44-1-151, any person who after notice violates, disobeys, or refuses, omits, or neglects to comply with any regulation of the Department of Health and Environmental Control, made by it pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, shall be fined not exceeding the sum of two hundred dollars or be imprisoned for thirty days. The term 'notice' as used in this section means either actual notice or constructive notice."

Penalty

SECTION 2. The 1976 Code is amended by adding:

"Section 44-1-151. Notwithstanding any other provision of law, all shellfish involved in any violation of law, including any regulation, regarding shellfish may be confiscated and disposed of at the discretion of the arresting officer. Any person convicted of a second offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than two hundred dollars and not more than five hundred dollars or imprisoned for not less than thirty days and not more than sixty days. Any person convicted of a third or subsequent offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than five hundred dollars and not more than one thousand dollars or imprisoned for not less than sixty days and not more than ninety days. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a first offense of harvesting shellfish in any polluted area may be impounded at the discretion of the arresting officer. The equipment impounded shall be delivered to the sheriff of the county in which the arrest was made and shall be retained by the sheriff. Such equipment may not be returned to the owner until the case has been finally disposed of. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a second, third, or subsequent offense of harvesting shellfish in any polluted area shall be confiscated. All such confiscated equipment shall be sold at auction by the sheriff of the county in which such second, third, or subsequent offense took place and by a representative of the State Department of Health and Environmental Control, except for weapons, which, following confiscation, shall be disposed of in the manner set forth in Sections 16-23-50, 16-23-460, and 16-23-500."

Revenues from fines and forfeitures

SECTION 3. The 1976 Code is amended by adding:

"Section 44-1-152. Notwithstanding any other provision of law, all revenue derived from any fine or any forfeiture of bond for any violation of any shellfish law or regulation shall be deposited monthly with the treasurer of the county in which the arrest for such violation was made. One-third of such revenue shall be retained by the county treasurer to be used for the general operating needs of the county pursuant to the direction of the governing body of the county. One-third of such revenue shall be remitted quarterly to the State Department of Health and Environmental Control to be used in enforcing shellfish laws and regulations. One-third of such revenue shall be remitted quarterly to the State Treasurer, who shall deposit such monies in the State's General Fund. All monies derived from auction sales of confiscated equipment pursuant to Section 44-1-151 shall be deposited, retained, remitted, and used in the same manner as provided in this section for all revenue derived from any fine or any forfeiture of bond for any violation of any shellfish law or regulation. A report of fines and forfeitures of bonds regarding shellfish violations shall be sent to the State Department of Health and Environmental Control monthly by each magistrate and clerk of court in this State. A report of monies derived from auction sales of confiscated equipment shall be sent to the State Department of Health and Environmental Control monthly by each sheriff in this State."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.