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147Ratification Number: 96Act Number: 95Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010116Primary Sponsor: HawkinsAll Sponsors: Hawkins, Waldrep and RitchieDrafted Document Number: l:\council\bills\nbd\11125ac01.docDate Bill Passed both Bodies: 20010530Date of Last Amendment: 20010529Governor's Action: SDate of Governor's Action: 20010831Subject: Pollution Control Act, criminal penalty for violation of gross negligence; Conservation, Health and Environment ControlHistory 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."
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.
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