Indicates Matter Stricken s22

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 April 20, 2004 6 7 H. 4675 8 9 Introduced by Rep. Harrison 10 11 S. Printed 4/20/04--H. 12 Read the first time February 3, 2004. 13 14 15 THE COMMITTEE ON JUDICIARY 16 To whom was referred a Bill (H. 4675) to amend Section 17 16-11-700, Code of Laws of South Carolina, 1976, relating to 18 littering, so as to provide that when the sentence for a violation, 19 etc., respectfully 20 REPORT: 21 That they have duly and carefully considered the same and 22 recommend that the same do pass with amendment: 23 24 Amend the bill, as and if amended, by striking all after the 25 enacting words and inserting: 26 / SECTION 1. Section 16-11-700 of the 1976 Code is 27 amended to read: 28 “Section 16-11-700. (A) No A person, from a vehicle or 29 otherwise, may not dump, throw, drop, deposit, discard, or 30 otherwise dispose of litter or other solid waste, as defined by 31 Section 44-96-40(46), upon any public or private property or 32 waters in the State whether from a vehicle or otherwise including, 33 but not limited to, a public highway, public park, beach, 34 campground, forest land, recreational area, trailer park, highway, 35 road, street, or alley except: 36 (1) when the on property is designated by the State for the 37 disposal of litter and other solid waste and the person is authorized 38 to use the property for that purpose; or 39 (2) into a litter receptacle in a manner that the litter is 40 prevented from being carried away or deposited by the elements 41 upon a part of the private or public property or waters.

1 [4675-1] 1 (B) Responsibility for the removal of litter from property or 2 receptacles is upon the person convicted under pursuant to this 3 section of littering the property or receptacles. However, if If there 4 is no conviction for littering, the responsibility is upon the owner 5 of the property or upon the owner of the property where the 6 receptacle is located. 7 (C)(1) A person who violates the provisions of this section in an 8 amount less than fifteen pounds in weight or twenty-seven cubic 9 feet in volume is guilty of a misdemeanor and, upon conviction, 10 must be fined two hundred dollars or imprisoned for not more than 11 thirty days for a first or second conviction, or fined five hundred 12 dollars or imprisoned for not more than thirty days for a third or 13 subsequent conviction. In addition to the fine or term of 14 imprisonment, the court also must also impose fifteen eight hours 15 of litter-gathering labor for a first conviction, thirty sixteen hours 16 of litter-gathering labor for a second conviction, and 100 17 twenty - four hours of litter-gathering labor for a third or subsequent 18 conviction, or other form of public service, under the supervision 19 of the court, as the court may order because of physical or other 20 incapacities, and which is under the supervision of the court. 21 (2) The fine for a deposit of a collection of litter or garbage 22 in an area or facility not intended for public deposit of litter or 23 garbage is one thousand dollars. The provisions of this item apply 24 to a deposit of litter or garbage, as defined in Section 44-67-30(4), 25 in an area or facility not intended for public deposit of litter or 26 garbage,. but this This item does not prohibit a private property 27 owner from depositing litter or garbage as a property enhancement 28 if the depositing does not violate applicable local or state health 29 and safety regulations. In addition to a fine and for each offense 30 under pursuant to the provisions of this item, the court shall also 31 shall impose a minimum of five hours of litter-gathering labor or 32 other form of public service, under the supervision of the court, as 33 the court may order because of physical or other incapacities, and 34 which is under the supervision of the court. 35 (3) The court, in lieu instead of payment of the monetary 36 fine imposed for a violation of this section, may direct the 37 substitution of additional litter-gathering labor or other form of 38 public service, under the supervision of the court, as it may order 39 because of physical or other incapacities, under the supervision of 40 the court, not to exceed one hour for each five dollars of fine 41 imposed. 42 (4) In addition to any other punishment authorized by this 43 section, in the discretion of the court in which conviction is

1 [4675-2] 1 obtained, the person may be directed by the judge to pick up and 2 remove from any public place or any private property, with prior 3 permission of the legal owner of the property upon which it is 4 established by competent evidence that the person has deposited 5 litter, all litter deposited on the place or property by anyone any 6 person before the date of execution of sentence. 7 (5) Magistrates and municipal courts have jurisdiction to try 8 violations of subsections (A), (B), (C), and (D) of this section. 9 (D) Any A person who violates the provisions of this section in 10 an amount exceeding fifteen pounds in weight or twenty-seven 11 cubic feet in volume, but not exceeding five hundred pounds or 12 one hundred cubic feet, is guilty of a misdemeanor and, upon 13 conviction, must be fined not less than two hundred dollars nor 14 more than five hundred dollars or imprisoned for not more than 15 ninety days. In addition, the court shall require the violator to pick 16 up litter or perform other community service commensurate with 17 the offense committed, up to one hundred hours. 18 (E)(1) Any A person who violates the provisions of this section 19 in an amount exceeding five hundred pounds in weight or one 20 hundred cubic feet in volume is guilty of a misdemeanor and, upon 21 conviction, must be fined not less than five hundred dollars nor 22 more than one thousand dollars, or imprisoned not more than one 23 year, or both. In addition, the court may order the violator to: 24 (a) remove or render harmless the litter that he dumped in 25 violation of this subsection; 26 (b) repair or restore property damaged by, or pay damages 27 for damage arising out of, his dumping of litter in violation of this 28 subsection; or 29 (c) perform community public service relating to the 30 removal of litter dumped in violation of this subsection or relating 31 to the restoration of an area polluted by litter dumped in violation 32 of this subsection. 33 (2) A court may enjoin a violation of this subsection. 34 (3) A motor vehicle, vessel, aircraft, container, crane, winch, 35 or machine involved in the disposal of more than five hundred 36 pounds in weight or more than one hundred cubic feet in volume 37 of litter in violation of this subsection is declared contraband and is 38 subject to seizure and summary forfeiture to the State. 39 (4) If a person sustains damages arising out of in connection 40 with a violation of this subsection that is punishable as gives rise to 41 a felony against the person or his property, a court, in a civil action 42 for such those damages, shall order the person wrongdoer to pay 43 the injured party threefold the actual damages or two hundred

1 [4675-3] 1 dollars, whichever amount is greater. In addition, the court shall 2 order the person wrongdoer to pay the injured party’s court costs 3 and attorney’s fees. 4 (5) No part of a A fine imposed pursuant to this section 5 subsection may must not be suspended, in whole or in part. 6 (F)(1) When the penalty for a violation of this section includes 7 litter - gathering labor in addition to a fine or imprisonment, the 8 litter - gathering portion of the penalty is mandatory and must not be 9 suspended; however, the court, upon the request of a person 10 convicted of violating this section, may direct that the person pay 11 an additional monetary penalty instead of the litter - gathering 12 portion of the penalty that must be equal to the amount of five 13 dollars an hour of litter - gathering labor. Probation must not be 14 granted instead of the litter - gathering requirement, except for a 15 person’s physical or other incapacities. 16 (2) Funds collected pursuant to this subsection instead of the 17 mandatory litter - gathering labor must be remitted to the county or 18 municipality where the littering violation took place. The money 19 collected must be used for the litter pick up supervision. 20 (G) For purposes of the offenses established by this section, 21 litter includes cigarettes and cigarette filters. 22 (H) A prior violation within the meaning of this section means 23 only a violation of this section which occurred within a period of 24 five years including and immediately preceding the date of the last 25 violation. 26 (I) Magistrates and municipal courts have jurisdiction to try 27 violations of subsections (A), (B), (C), and (D) of this section.” 28 SECTION 2. Section 56-25-20 of the 1976 Code, as last 29 amended by Act 459 of 1996, is further amended to read: 30 “Section 56-25-20. When a South Carolina court or the driver 31 licensing authority of a compact jurisdiction notifies the 32 department that a resident of South Carolina or person possessing a 33 valid South Carolina driver’s license has failed to comply with the 34 terms of a traffic citation or an official Department of Natural 35 Resources summons for a littering violation issued in this or any 36 compact jurisdiction, the department may suspend or refuse to 37 renew the person’s driver’s license if the notice from a South 38 Carolina court or the driver licensing authority of a compact 39 jurisdiction is received no more than twelve months from the date 40 on which the traffic citation or an official Department of Natural 41 Resources summons for a littering violation was issued or 42 adjudicated. The license must remain suspended until satisfactory 43 evidence has been furnished to the department of compliance with

1 [4675-4] 1 the terms of the citation or an official Department of Natural 2 Resources summons for a littering violation and any further order 3 of the court having jurisdiction in the matter and until a 4 reinstatement fee as provided in Section 56-1-390 is paid to the 5 department. A person whose license is suspended under this 6 section is not required to file proof of financial responsibility as 7 required by the Financial Responsibility Act (Chapter 9 of Title 8 56) as a condition for reinstatement. 9 Upon notification by a South Carolina court that a nonresident 10 licensed in a compact jurisdiction has failed to comply with the 11 terms of a traffic citation or an official Department of Natural 12 Resources summons for a littering violation, the department shall 13 notify the licensing authority in the compact jurisdiction for such 14 action as appropriate under the terms of the compacts.” 15 SECTION 3. The repeal or amendment by this act of any law, 16 whether temporary or permanent or civil or criminal, does not 17 affect pending actions, rights, duties, or liabilities founded thereon, 18 or alter, discharge, release or extinguish any penalty, forfeiture, or 19 liability incurred under the repealed or amended law, unless the 20 repealed or amended provision shall so expressly provide. After 21 the effective date of this act, all laws repealed or amended by this 22 act must be taken and treated as remaining in full force and effect 23 for the purpose of sustaining any pending or vested right, civil 24 action, special proceeding, criminal prosecution, or appeal existing 25 as of the effective date of this act, and for the enforcement of 26 rights, duties, penalties, forfeitures, and liabilities as they stood 27 under the repealed or amended laws. 28 SECTION 4. This act takes effect upon approval by the 29 Governor. / 30 Renumber sections to conform. 31 Amend title to conform. 32 33 JAMES H. HARRISON for Committee. 34

1 [4675-5] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 16-11-700, CODE OF LAWS OF 12 SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO 13 AS TO PROVIDE THAT WHEN THE SENTENCE FOR A 14 VIOLATION OF THIS SECTION INCLUDES 15 LITTER-GATHERING, THE LITTER-GATHERING PORTION 16 IS MANDATORY; HOWEVER THE COURT MAY DIRECT 17 THE PERSON TO PAY AN ADDITIONAL MONETARY 18 PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE 19 CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED 20 IN LIEU OF A LITTER-GATHERING SENTENCE, TO 21 PROVIDE FOR THE DISTRIBUTION OF FUNDS 22 COLLECTED IN LIEU OF A MANDATORY 23 LITTER-GATHERING SENTENCE, AND TO PROVIDE 24 WHEN A VIOLATION OF THIS SECTION CONSTITUTES A 25 PRIOR VIOLATION WITHIN THE MEANING OF THIS 26 SECTION; AND TO AMEND SECTION 56-25-20, AS 27 AMENDED, RELATING TO THE SUSPENSION OF A 28 DRIVER’S LICENSE FOR FAILURE TO COMPLY WITH 29 CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS 30 SECTION TO INCLUDE A SUMMONS FOR CERTAIN 31 LITTER VIOLATIONS. 32 33 Be it enacted by the General Assembly of the State of South 34 Carolina: 35 36 SECTION 1. Section 16-11-700 of the 1976 Code, is amended to 37 read: 38 39 “Section 16-11-700. (A) No person may dump, throw, drop, 40 deposit, discard, or otherwise dispose of litter or other solid waste, 41 as defined by Section 44-96-40(46), upon any public or private 42 property or waters in the State whether from a vehicle or otherwise

1 [4675] 1 1 including, but not limited to, a public highway, public park, beach, 2 campground, forest land, recreational area, trailer park, highway, 3 road, street, or alley except: 4 (1) when the property is designated by the State for the 5 disposal of litter and other solid waste and the person is authorized 6 to use the property for that purpose; 7 (2) into a litter receptacle in a manner that the litter is 8 prevented from being carried away or deposited by the elements 9 upon a part of the private or public property or waters. 10 (B) Responsibility for the removal of litter from property or 11 receptacles is upon the person convicted under this section of 12 littering the property or receptacles. However, if there is no 13 conviction, the responsibility is upon the owner of the property or 14 upon the owner of the property where the receptacle is located. 15 (C)(1) A person who violates the provisions of this section in an 16 amount less than fifteen pounds in weight or twenty-seven cubic 17 feet in volume is guilty of a misdemeanor and, upon conviction, 18 must be fined two hundred dollars or imprisoned for not more than 19 thirty days for a first or second conviction, or fined five hundred 20 dollars or imprisoned for not more than thirty days for a third or 21 subsequent conviction. In addition to the fine or term of 22 imprisonment, the court also must also impose fifteen hours of 23 litter-gathering labor for a first conviction, thirty hours of 24 litter-gathering labor for a second conviction, and 100 one hundred 25 hours of litter-gathering labor for a third or subsequent conviction, 26 or other form of public service as the court may order because of 27 physical or other incapacities, and which is under the supervision 28 of the court. 29 (2) The fine for a deposit of a collection of litter or garbage 30 in an area or facility not intended for public deposit of litter or 31 garbage is one thousand dollars. The provisions of this item apply 32 to a deposit of litter or garbage, as defined in Section 44-67-30(4), 33 in an area or facility not intended for public deposit of litter or 34 garbage, but this does not prohibit a private property owner from 35 depositing litter or garbage as a property enhancement if the 36 depositing does not violate applicable local or state health and 37 safety regulations. In addition to a fine and for each offense under 38 the provisions of this item, the court shall also must impose a 39 minimum of five hours of litter-gathering labor or other form of 40 public service as the court may order because of physical or other 41 incapacities, and which is under the supervision of the court. 42 (3) The court, in lieu of payment of the monetary fine 43 imposed for a violation of this section, may direct the substitution

1 [4675] 2 1 of additional litter-gathering labor or other form of public service 2 as it may order because of physical or other incapacities, under the 3 supervision of the court, not to exceed one hour for each five 4 dollars of fine imposed. 5 (4) In addition to any other punishment authorized by this 6 section, in the discretion of the court in which conviction is 7 obtained, the person may be directed by the judge to pick up and 8 remove from any public place or any private property, with prior 9 permission of the legal owner upon which it is established by 10 competent evidence that the person has deposited litter, all litter 11 deposited on the place or property by anyone before the date of 12 execution of sentence. 13 (5) Magistrates and municipal courts have jurisdiction to try 14 violations of subsections (A), (B), (C), and (D) of this section. 15 (D) AnyA person who violates the provisions of this section in 16 an amount exceeding fifteen pounds in weight or twenty-seven 17 cubic feet in volume, but not exceeding five hundred pounds or 18 one hundred cubic feet, is guilty of a misdemeanor and, upon 19 conviction, must be fined not less than two hundred dollars nor 20 more than five hundred dollars or imprisoned for not more than 21 ninety days. In addition, the court shall require the violator to pick 22 up litter or perform other community service commensurate with 23 the offense committed. 24 (E)(1) AnyA person who violates the provisions of this section 25 in an amount exceeding five hundred pounds in weight or one 26 hundred cubic feet in volume is guilty of a misdemeanor and, upon 27 conviction, must be fined not less than five hundred dollars nor 28 more than one thousand dollars, or imprisoned not more than one 29 year, or both. In addition, the court may order the violator to: 30 (a) remove or render harmless the litter that he dumped in 31 violation of this subsection; 32 (b) repair or restore property damaged by, or pay damages 33 for damage arising out of, his dumping litter in violation of this 34 subsection; or 35 (c) perform community public service relating to the 36 removal of litter dumped in violation of this subsection or relating 37 to the restoration of an area polluted by litter dumped in violation 38 of this subsection. 39 (2) A court may enjoin a violation of this subsection. 40 (3) A motor vehicle, vessel, aircraft, container, crane, winch, 41 or machine involved in the disposal of more than five hundred 42 pounds in weight or more than one hundred cubic feet in volume

1 [4675] 3 1 of litter in violation of this subsection is declared contraband and is 2 subject to seizure and summary forfeiture to the State. 3 (4) If a person sustains damages arising out of a violation of 4 this subsection that is punishable as a felony, a court, in a civil 5 action for such damages, shall order the person to pay the injured 6 party threefold the actual damages or two hundred dollars, 7 whichever amount is greater. In addition, the court shall order the 8 person to pay the injured party’s court costs and attorney’s fees. 9 (5) No part of a fine imposed pursuant to this section 10 subsection may be suspended. 11 (F) When the sentence for a violation of this section includes 12 litter - gathering labor in addition to a fine or imprisonment, the 13 litter - gathering portion of the sentence is mandatory and must not 14 be suspended; however, the court, upon the request of a person 15 convicted of violating this section, may direct that the person pay 16 an additional monetary penalty in lieu of the litter - gathering 17 portion of the sentence that must be equal to the amount of five 18 dollars an hour of litter - gathering labor. Probation shall not be 19 granted in lieu of the litter - gathering requirement except for a 20 person’s physical or other incapacities. 21 All funds collected pursuant to this subsection in lieu of the 22 mandatory litter - gathering labor must be remitted to the State 23 Treasurer as provided by Section 14 - 1 - 208 and deposited to the 24 account of the Governor’s Task Force on Litter for use in 25 connection with the task force’s litter - reduction efforts. 26 (G) For purposes of the offenses established by this section, 27 litter includes cigarettes and cigarette filters. 28 (H) Only those violations of this section which occurred within 29 a period of five years including and immediately preceding the 30 date of the last violation constitute prior violations within the 31 meaning of this section.” 32 33 SECTION 2. Section 56-25-20 of the 1976 Code, as last amended 34 by Act 459 of 1996, is further amended to read: 35 36 “Section 56-25-20. When a South Carolina court or the driver 37 licensing authority of a compact jurisdiction notifies the 38 department that a resident of South Carolina or person possessing a 39 valid South Carolina driver’s license has failed to comply with the 40 terms of a traffic citation or an official Department of Natural 41 Resources summons for a littering violation issued in this or any 42 compact jurisdiction, the department may suspend or refuse to 43 renew the person’s driver’s license if the notice from a South

1 [4675] 4 1 Carolina court or the driver licensing authority of a compact 2 jurisdiction is received no more than twelve months from the date 3 on which the traffic citation or an official Department of Natural 4 Resources summons for a littering violation was issued or 5 adjudicated. The license must remain suspended until satisfactory 6 evidence has been furnished to the department of compliance with 7 the terms of the citation or an official Department of Natural 8 Resources summons for a littering violation and any further order 9 of the court having jurisdiction in the matter and until a 10 reinstatement fee as provided in Section 56-1-390 is paid to the 11 department. A person whose license is suspended under this 12 section is not required to file proof of financial responsibility as 13 required by the Financial Responsibility Act (Chapter 9 of Title 14 56) as a condition for reinstatement. 15 Upon notification by a South Carolina court that a nonresident 16 licensed in a compact jurisdiction has failed to comply with the 17 terms of a traffic citation or an official Department of Natural 18 Resources summons for a littering violation, the department shall 19 must notify the licensing authority in the compact jurisdiction for 20 such action as appropriate under the terms of the compacts.” 21 22 SECTION 3. This act takes effect upon approval by the 23 Governor. 24 ----XX---- 25

1 [4675] 5