View Amendment Current Amendment: JUD0461.005.DOCX to Bill 461     The COMMITTEE ON JUDICIARY proposed the following amendment (JUD0461.005):
   
    Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
   
/     SECTION     1.     Chapter 2, Title 61 of the 1976 Code is amended by adding:
   
    "Section 61-2-85.     (A)     For the purposes of this section,
        (1)     'Permit holder' means a holder of a permit or license issued by the Department of Revenue that authorizes on-premises consumption of beer, wine, or alcoholic liquor by the drink.
        (2)     'Practical means of glass collection' means the existence of a financially feasible commercial or governmental recycling program or programs that allow a permit holder to contract for onsite pickup of glass or a local and non-costly drop-off location that accepts glass containers for recycling and that is easily available to a permit holder.
        (3)     'Recycling plan' means a plan for recycling that provides for the separation, storage, collection, and recycling of recyclable beverage containers and their packaging that are sold on the premises of a permit holder, including, but not limited to, aluminum, plastic, glass beverage containers, and cardboard used to package, ship, or deliver the beverage containers. Recycling of glass containers shall not be required as part of a recycling plan if, as determined by the Department of Health and Environmental Control, in coordination with the Department of Revenue, no practical means of glass collection exists due to the geographical location of the permit holder.
    (B)     Each permit holder shall have and use a recycling plan for the collection and recycling of recyclable beverage containers and packaging sold on the premises by the permit holder, except for those permit holders in locations where the Department of Health and Environmental Control and the Department of Revenue have determined that no financially feasible collection of recyclable beverage containers and packaging is available due to the geographical location of a permit holder. Each recycling plan must:
        (1)     contain all elements included in a model recycling plan that shall be developed by the Department of Health and Environmental Control and made available on its website; or
        (2)     be at least as comprehensive as the model recycling plan.
    (C)     A permit holder, unless exempted, must certify as part of its permitting process with the Department of Revenue that a site-specific recycling plan has been prepared and will be made available upon demand to the Department of Revenue and the Department of Health and Environmental Control.
        (1)     A permit holder is exempted from glass container recycling if the permit holder provides, in writing, substantial evidence to the Department of Health and Environmental Control that no practical means of glass collection exists for the permit holder, and the permit holder has received, in writing, notification from the Department of Health and Environmental Control that the permit holder is exempt. A permit holder exempted from the glass container recycling requirement must certify to the Department of Revenue during the permitting process that the permit holder has and uses a recycling plan that does not include glass container recycling.
        (2)     A permit holder is exempted from having and using a recycling plan if the permit holder provides, in writing, substantial evidence to the Department of Health and Environmental Control that no financially feasible collection of recyclable beverage containers and packaging is available due to the geographical location of a permit holder, and has received, in writing, notification from the Department of Health and Environmental Control that the permit holder is exempt. A permit holder exempted from having and using a recycling plan must include the notification of exemption from the Department of Health and Environmental Control instead of the certification required in this section.
        (3)     A determination on a requested exemption shall remain in effect until the expiration date of the permit or license that is held or applied for by a permit holder.
        (4)     In making the determinations for exemptions, the Department of Health and Environmental Control shall consult with the Department of Revenue, and the Department of Revenue shall provide information that it may possess on the permit holder that is relevant to the determination of a requested exemption, such as the location of a permit holder and the types of permits or licenses held or applied for by a permit holder. The Department of Health and Environmental Control shall notify, in writing, the Department of Revenue on each exemption given to a permit holder.
    (D)     The Department of Health and Environmental Control shall annually perform a random audit of recycling plans and shall notify the Department of Revenue and the permit holder of a recycling plan that is not in compliance with the provisions of this section.
    (E)     A permit holder that fails to provide certification of a recycling plan in its permit application or renewal shall be assessed by the Department of Revenue:
        (1)     for a first offense, a fine of not less than two hundred dollars nor more than five hundred dollars;
        (2)     for a second offense within three years of the first offense, a fine of not less than five hundred dollars; or
        (3)     for a third or subsequent offense, a fine of not less than one thousand dollars.
    (F)     A permit holder whose recycling plan is determined to be noncompliant with the provisions of this section shall be assessed by the Department of Health and Environmental Control:
        (1)     for a first offense, a fine of not less than two hundred dollars nor more than five hundred dollars;
        (2)     for a second offense within three years of the first offense, a fine of not less than five hundred dollars; or
        (3)     for a third or subsequent offense, a fine of not less than one thousand dollars.
    (G)     For purposes of this section, communications and documents that are required to be transmitted in writing may also be transmitted by electronic transmission, if both the sender and receiver agree to electronic transmission.
    (H)     Failure of a permit holder to comply with the provisions of this section shall not be grounds for revocation or for non-renewal of a permit authorized under Title 61."

SECTION     2.     Section 61-2-90 of the 1976 Code is amended to read:

    "Section 61-2-90.     (A)     A person desiring a license or permit under this title must file with the department an application in writing on forms provided by the department containing a statement under oath setting forth:
        (1)     the name, address, date of birth, race, and nationality of the person applying for the license or permit;
        (2)     the exact location where the business is proposed to be operated;
        (3)     a description of the type of business to be operated;
        (4)     whether the applicant or an owner of the business has been involved in the sale of alcoholic liquors, beer, or wine in this or another state and whether he has had a license or permit suspended or revoked;
        (5)     whether the applicant has been a legal resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in the State for at least thirty days before the date of application;
        (6)     other information required by the department to determine if the application meets all statutory requirements for the license or permit and to determine the true owners of the business seeking the license or permit.
    (B)     A person applying for or renewing a permit or license to allow on-premises consumption of beer, wine, or alcoholic liquor by the drink, unless exempt, must include in the application or renewal a written certification of a recycling plan required by Section 61-2-85. Written notification of an exemption from this requirement must be included in an application or renewal.
    (C)     The Department of Revenue shall annually provide by December fifteenth of each year to the Department of Health and Environmental Control an electronic database containing the names and addresses of all permit holders required to have a recycling plan."
   
SECTION     3.     Section 61-2-120 of the 1976 Code is amended to read:
    "(A)     Biennial licenses and permits issued under this title expire according to the county where the licensed location is situated. The expiration dates are the last day of:
        (1)     February in years which end in an:
            (a)     odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley Counties;
            (b)     even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg Counties;
        (2)     May in years which end in an:
            (a)     odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry Counties;
            (b)     even number for Lancaster, Marion, Marlboro, Union, and York Counties;
        (3)     August in years which end in an:
            (a)     odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter Counties;
            (b)     even number for Richland County;
        (4)     November in years which end in an:
            (a)     odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood Counties;
            (b)     even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg Counties.
    (B)     For a period of eight years from the issuance of a permit or license requiring certification of a recycling plan, each holder of an on-premises consumption permit or license required to implement a recycling plan pursuant to Section 61-2-85 and Section 61-2-90 shall be allowed:
        (1)     a ten percent reduction on its biennial permit or license fee for every two years that the holder uses a required recycling plan that exempts the holder from recycling glass containers; or
        (2)     a twenty-five percent reduction on its biennial permit or license fee for every two years that the holder uses a recycling plan that includes recycling of glass containers."

SECTION     4.     Section 14-1-208(10) of the 1976 Code is amended to read:

    "(10)     13.61 12.81 percent to the Governor's Task Force on Litter and in the expenditure of these funds, the provisions of Chapter 35 of Title 11 do not apply, and .8 percent to the Department of Health and Environmental Control and to the Department of Revenue, in equal amounts, for the supervision, implementation, and enforcement of recycling plans required pursuant to Section 61-2-85 and Section 61-2-90;"        

SECTION     5.     The Department of Health and Environmental Control and the Department of Revenue may promulgate regulations to implement these provisions.

SECTION     6.     This act takes effect one year after approval by the Governor, except for SECTION 5, which shall be effective immediately upon signature of the Governor in order that the Department of Health and Environmental Control shall have a model recycling plan on its website prior to the effective date, and regulations may be promulgated by the Department of Health and Environmental Control and the Department of Revenue pending the effective date. If, as of the effective date of this act, the Department of Health and Environmental Control, in consultation with the Department of Revenue, has determined that no practical means of glass collection exists for a permit holder or no recycling market is financially feasible or geographically available to a permit holder, the provisions of the act concerning these requirements shall not be effective until a practical means of glass collection or a recycling market are readily available to a permit holder.             /

   
    Renumber sections to conform.         Amend title to conform.