SC H3203 | 2009-2010 | 118th General Assembly

South Carolina House Bill 3203 (Prior Session Legislation)

Status

Completed Legislative Action
Sponsorship: Bipartisan Bill
Status: Passed on May 19 2009 - 100% progression
Action: 2009-05-19 - Act No. 14

Summary

AN ACT TO AMEND ARTICLE 4, CHAPTER 56, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO, AMONG OTHER THINGS, FURTHER SPECIFY THAT WHOLESALE DRYCLEANING FACILITIES ARE SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND ARE ELIGIBLE TO SEEK RESTORATION ASSISTANCE UNDER THIS ARTICLE; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO USE FUNDS, OTHER THAN FUNDS FROM THE DRYCLEANING FACILITY RESTORATION TRUST FUND, IF AN EMERGENCY EXISTS AND FUNDS ARE NOT AVAILABLE FROM THE TRUST FUND AND TO FURTHER PROVIDE THAT THESE FUNDS MUST BE REPAID FROM THE TRUST FUND; TO PROVIDE EXEMPTIONS FROM THE ENVIRONMENTAL SURCHARGE IMPOSED ON THE GROSS PROCEEDS OF SALES OF RETAIL DRYCLEANING FACILITIES, INCLUDING AN EXEMPTION FOR WHOLESALE SALES OF DRYCLEANING SERVICES; TO FURTHER PROVIDE FOR ELIGIBILITY REQUIREMENTS AND PROCEDURES FOR REQUESTING AND ISSUING RESTORATION ASSISTANCE, INCLUDING PROVIDING CRITERIA FOR DEDUCTIBLES AND CONDUCTING SECONDARY ASSESSMENTS; TO PROVIDE INITIAL AND ANNUAL REGISTRATION FEES FOR DRYCLEANING FACILITIES ESTABLISHED AFTER OCTOBER 1, 1995, AND TO AUTHORIZE THE PROPERTY OWNER TO REGISTER A FACILITY IF THE OWNER OR OPERATOR OF THE FACILITY DOES NOT; TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF REGISTRATION, TO REQUIRE PRESENTATION OF CERTIFICATES IN ORDER TO PURCHASE DRYCLEANING SOLVENT, TO PROHIBIT A SUPPLY FACILITY, OR OTHER DRYCLEANING FACILITY, FROM SELLING DRYCLEANING SOLVENT TO A DRYCLEANING FACILITY IF THE FACILITY DOES NOT POSSESS A CERTIFICATE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS; TO SPECIFY REQUIREMENTS FOR A DRYCLEANING FACILITY EXEMPTION CERTIFICATE; TO AUTHORIZE A DRYCLEANING FACILITY PREVIOUSLY REGISTERED UNDER THIS ARTICLE TO OPT OUT IF THE FACILITY HAS BEEN IN OPERATION BEFORE JANUARY 1, 1940, AND ONLY HAS USED NONHALOGENATED CLEANERS; AND TO REVISE THE MEMBERSHIP OF THE DRYCLEANING ADVISORY COUNCIL. - ratified title

Title

Relating To The Drycleaning Facility Restoration Trust Fund, So As To, Among Other Things, Further Specify That Wholesale Drycleaning Facilities Are Subject To The Provisions Of This Article And Are Eligible To Seek Restoration Assistance Under This Article; To Authorize The Department Of Health And Environmental Control To Use Funds, Other Than Funds From The Drycleaning Facility Restoration Trust Fund, If An Emergency Exists And Funds Are Not Available From The Trust Fund And To Further Provide That These Funds Must Be Repaid From The Trust Fund; To Provide Exemptions From The Environmental Surcharge Imposed On The Gross Proceeds Of Sales Of Retail Drycleaning Facilities, Including An Exemption For Wholesale Sales Of Drycleaning Services; To Further Provide For Eligibility Requirements And Procedures For Requesting And Issuing Restoration Assistance, Including Providing Criteria For Deductibles And Conducting Secondary Assessments; To Provide Initial And Annual Registration Fees For Drycleaning Facilities Established After October 1, 1995, And To Authorize The Property Owner To Register A Facility If The Owner Or Operator Of The Facility Does Not; To Provide For The Issuance Of Certificates Of Registration, To Require Presentation Of Certificates In Order To Purchase Drycleaning Solvent, To Prohibit A Supply Facility, Or Other Drycleaning Facility, From Selling Drycleaning Solvent To A Drycleaning Facility If The Facility Does Not Possess A Certificate, And To Provide Civil Penalties For Violations; To Specify Requirements For A Drycleaning Facility Exemption Certificate; To Authorize A Drycleaning Facility Previously Registered Under This Article To Opt Out If The Facility Has Been In Operation Before January 1, 1940, And Only Has Used Nonhalogenated Cleaners; And To Revise The Membership Of The Drycleaning Advisory Council. - Ratified Title

History

Date	Chamber	Action
2009-05-19		Act No. 14
2009-05-15		Effective date See Act for Effective Date
2009-05-06		Signed By Governor
2009-04-30		Ratified R 31
2009-04-23		Roll call Yeas-97 Nays-0 HJ-266
2009-04-23		Concurred in Senate amendment and enrolled HJ-265
2009-04-22		Read third time and returned to House with amendments SJ-15
2009-04-22		Scrivener's error corrected
2009-04-21		Read second time SJ-32
2009-04-21		Amended SJ-32
2009-04-16		Scrivener's error corrected
2009-04-15		Amended SJ-33
2009-04-14		Introduced, read first time, placed on calendar without reference SJ-16
2009-04-02		Read third time and sent to Senate HJ-13
2009-04-01		Read second time HJ-34
2009-03-31		Committee report: Favorable Ways and Means HJ-11
2009-01-13		Referred to Committee on Ways and Means HJ-91
2009-01-13		Introduced and read first time HJ-90
2008-12-16		Referred to Committee on Ways and Means
2008-12-16		Prefiled