SC S296 | 2009-2010 | 118th General Assembly

South Carolina Senate Bill 296 (Prior Session Legislation)

Status

Sponsorship: Bipartisan Bill
Status: Introduced on January 15 2009 - 25% progression, died in chamber
Action: 2009-04-21 - Recommitted to Committee on Medical Affairs SJ-36

Summary

A BILL 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 DETERMINATIONS AND PROCEDURES FOR REQUESTING AND ISSUING RESTORATION ASSISTANCE, INCLUDING OBTAINING SECONDARY ASSESSMENTS AND THE AMOUNT OF DEDUCTIBLES; 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 SUCH CERTIFICATES IN ORDER TO PURCHASE DRYCLEANING SOLVENTS, 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; TO SPECIFY REQUIREMENTS FOR A DRYCLEANING FACILITY EXEMPTION CERTIFICATE; AND TO REVISE THE MEMBERSHIP OF THE DRYCLEANING ADVISORY COUNCIL.

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 Determinations And Procedures For Requesting And Issuing Restoration Assistance, Including Obtaining Secondary Assessments And The Amount Of Deductibles; 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 Such Certificates In Order To Purchase Drycleaning Solvents, 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; To Specify Requirements For A Drycleaning Facility Exemption Certificate; And To Revise The Membership Of The Drycleaning Advisory Council.

History

Date	Chamber	Action
2009-04-21		Recommitted to Committee on Medical Affairs SJ-36
2009-03-25		Read second time SJ-63
2009-03-25		Committee Amendment Adopted SJ-63
2009-03-25		Scrivener's error corrected
2009-03-24		Committee report: Favorable with amendment Medical Affairs SJ-16
2009-01-15		Referred to Committee on Medical Affairs SJ-14
2009-01-15		Introduced and read first time SJ-14