The bill modifies existing laws regarding littering found in Section 16-11-700, which currently holds individuals accountable for littering through criminal penalties. With the establishment of civil penalties for littering as proposed in H3393, the legal framework will likely encourage more proactive litter management due to the easier burden of proof required under civil standards. A mandatory civil penalty of fifty dollars would be assessed for violations, potentially enhancing government revenues that can be reinvested into environmental protection efforts.
Summary
House Bill 3393 proposes significant amendments to the South Carolina Code of Laws concerning littering. Specifically, it introduces a civil offense for littering by creating Section 16-11-705. This allows local law enforcement agencies to issue civil penalties to the registered owner of a vehicle from which litter is discarded, even if the act is not witnessed directly by an officer. The new law would establish a rebuttable presumption that the vehicle's owner is responsible for the littering, facilitating enforcement without needing direct observation of the offense.
Contention
Notable points of contention surrounding H3393 include concerns from civil liberties advocates about the fairness and effectiveness of issuing penalties based solely on vehicle registration. Critics may argue that this approach could disproportionately penalize vehicle owners who are not responsible for the littering act. Further, questions arise about the adequacy of the penalties and the potential administrative burden on law enforcement and the judicial system, as local agencies will now have to manage civil citations in addition to existing criminal litter violations.