Current Status Bill Number:999 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980205 Primary Sponsor:Gregory All Sponsors:Gregory Drafted Document Number:pt\1658dw.98 Companion Bill Number:4758 Residing Body:Senate Subject:Litter, operator of motor vehicle from which thrown or dumped considered violator; Conservation, Crimes and Offenses
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980401 Committee report: majority 11 SJ
favorable, with amendment,
minority unfavorable
Senate 19980205 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 1, 1998
S. 999
S. Printed 4/1/98--S.
Read the first time February 5, 1998.
To whom was referred a Bill (S. 999), to amend Section 16-11-700, as amended, Code of Laws of South Carolina, 1976, relating to the crime of littering, 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, page 2, beginning on line 1, by striking lines 1 through 4 in their entirety and inserting therein the following:
/(H) The enforcing law enforcement agency may publish in a local newspaper the name of a person who is convicted of or who pled 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) 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."
SECTION 3. This act takes effect upon approval by the Governor./.
Amend title to conform.
Majority favorable. Minority unfavorable.
GREG GREGORY EDWARD E. SALEEBY
For Majority. For Minority.
ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:
The Department of Natural Resources and the Department of Public Safety would share in the primary responsibility of enforcing the provisions of this bill. Both agencies already publish periodicals in which the names of convicted violators could be published. Therefore, the court and printing costs associated with the enforcement of this bill are expected to be minimal and can be absorbed by each agency.
Approved By:
Frank A. Rainwater
Office of State Budget
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, AND 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.
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) With the permission of the court, the enforcing agency may publish the names of persons convicted of violating this section."
SECTION 2. This act takes effect upon approval by the Governor.