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Bill 147

                    Current Status

Bill Number:                      147
Ratification Number:              96
Act Number:                       95
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010116
Primary Sponsor:                  Hawkins
All Sponsors:                     Hawkins, Waldrep and Ritchie
Drafted Document Number:          l:\council\bills\nbd\11125ac01.doc
Date Bill Passed both Bodies:     20010530
Date of Last Amendment:           20010529
Governor's Action:                S
Date of Governor's Action:        20010831
Subject:                          Pollution Control Act, criminal penalty 
                                  for violation of gross negligence; 
                                  Conservation, Health and Environment Control


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20010918  Act No. A95
------  20010831  Signed by Governor
------  20010605  Ratified R96
Senate  20010530  Ordered enrolled for ratification
House   20010529  Receded from its amendment
Senate  20010529  Non-concurrence in House amendment
House   20010523  Read third time, returned to Senate
                  with amendment
House   20010522  Amended, read second time
House   20010516  Committee report: Favorable with       20 HANR
                  amendment
House   20010410  Introduced, read first time,           20 HANR
                  referred to Committee
Senate  20010405  Read third time, sent to House
Senate  20010404  Read second time
------  20010404  Scrivener's error corrected
Senate  20010403  Committee report: Favorable            13 SMA
Senate  20010116  Introduced, read first time,           13 SMA
                  referred to Committee


              Versions of This Bill
Revised on April 3, 2001 - Word format
Revised on April 4, 2001 - Word format
Revised on May 16, 2001 - Word format
Revised on May 22, 2001 - Word format

(A95, R96, S147)

AN ACT 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 OTHER THAN WILFUL VIOLATIONS SUCH PENALTIES MAY ONLY BE IMPOSED FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.

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

Penalties for Pollution Control Act violations

SECTION 1. Section 48-1-320 of the 1976 Code is amended to read:

"Section 48-1-320. A person who wilfully or with gross negligence or recklessness violates a provision of this chapter or a regulation, permit, permit condition, or final determination or order of the department is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five thousand dollars for each day's violation or be imprisoned for not more than two years, or both."

Time effective

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

Ratified the 5th day of June, 2001.

Approved the 31st day of August, 2001.

This web page was last updated on Wednesday, June 16, 2010 at 4:20 P.M.