South Carolina General Assembly
122nd Session, 2017-2018

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3529

STATUS INFORMATION

General Bill
Sponsors: Reps. Bedingfield, Sandifer, Hamilton, Forrester, Atwater, Yow, Clemmons, Crawford, Fry, Hill, Lowe, Pitts, Putnam, Anderson, Martin and G.R. Smith
Document Path: l:\council\bills\dka\3054sa17.docx

Introduced in the House on January 18, 2017
Last Amended on March 7, 2017
Continued by the House on March 7, 2017

Summary: Auxiliary containers

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/18/2017  House   Introduced and read first time (House Journal-page 19)
   1/18/2017  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 19)
   1/19/2017  House   Member(s) request name added as sponsor: Putnam
   1/25/2017  House   Member(s) request name added as sponsor: Henderson
    2/1/2017  House   Member(s) request name removed as sponsor: Henderson
    2/2/2017  House   Member(s) request name added as sponsor: Anderson
    2/2/2017  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry (House Journal-page 1)
    2/7/2017  House   Member(s) request name added as sponsor: Martin, 
                        G.R.Smith
    2/7/2017  House   Requests for debate-Rep(s). Bedingfield, Toole, Brown, 
                        Hiott, Mack, Cogswell, Crosby, Danning, Arrington, 
                        Clary, Bernstein, Stavrinakis, McCoy, Henderson, 
                        Burns, B Newton, Martin, Forrester, Robinson-Simpson, 
                        Dilliard, Mitchell, Norrell, GR Smith, VS Moss, 
                        Cobb-Hunter, McEachern, Ridgeway, Douglas, W Newton, 
                        Erickson, Clemmons, Williams, Ott, Knight, King, 
                        Bradley, Finlay, Henegan, Johnson, S Rivers, Yow, 
                        Jefferson (House Journal-page 16)
   2/23/2017  House   Debate adjourned until Tues., 2-28-17 
                        (House Journal-page 12)
   2/28/2017  House   Debate adjourned until Wed., 3-1-17 
                        (House Journal-page 12)
    3/1/2017  House   Debate adjourned until Thur., 3-1-17 
                        (House Journal-page 14)
    3/2/2017  House   Debate adjourned until Tues., 3-7-17 
                        (House Journal-page 28)
    3/7/2017  House   Amended (House Journal-page 83)
    3/7/2017  House   Continued (House Journal-page 83)

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/18/2017
2/2/2017
3/7/2017

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED--NOT PRINTED IN THE HOUSE

Amt. No. 1 (3529C002.DKA.SA18.docx)

Amt. No. 2 (3529C004.NBD.CZ17.docx)

March 7, 2017

H. 3529

Introduced by Reps. Bedingfield, Sandifer, Hamilton, Forrester, Atwater, Yow, Clemmons, Crawford, Fry, Hill, Lowe, Pitts, Putnam and Anderson

S. Printed 2/2/17--H.

Read the first time January 18, 2017.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 TO TITLE 39 SO AS TO PROVIDE THAT ANY REGULATION REGARDING THE USE, DISPOSITION, SALE, OR ANY IMPOSITION OF ANY PROHIBITION, RESTRICTION, FEE IMPOSITION, OR TAXATION OF AUXILIARY CONTAINERS MUST BE DONE ONLY BY THE GENERAL ASSEMBLY, TO DEFINE AUXILIARY CONTAINER, TO PROVIDE FOR LEGISLATIVE FINDINGS, AND TO PROVIDE FOR EXCEPTIONS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Title 39 of the 1976 Code is amended by adding:

"CHAPTER 77

Auxiliary Containers

Section 39-77-10.    The General Assembly finds that:

(1)    prudent regulation of auxiliary containers is crucial to the welfare of the state's economy;

(2)    retail and food establishments are sensitive to the costs and regulation of auxiliary containers; and

(3)    if individual political subdivisions of the State regulate auxiliary containers, there exists the potential for varying regulations which could lead to unnecessary increased costs for retail and food establishments to comply with the regulations.

Section 39-77-20. As used in this chapter, 'auxiliary container' means a bag, cup, package, container, bottle, or other packaging that is:

(1)    designed to be either reusable or single-use;

(2)    made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, expanded polystyrene, corrugated material, aluminum, glass, postconsumer recycled, or similar material or substrates, including coated, laminated, or multilayer substrates; and

(3)    designed for, but not limited to, consuming, transporting, or protecting merchandise, food, or beverages from or at a food service or retail facility.

Section 39-77-30.    (A)    Any regulation regarding the use, disposition, sale, or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers must be done only by the General Assembly. This chapter supersedes and preempts any ordinance enacted by a political subdivision that purports to regulate the use, disposition, sale, or any imposition of any prohibition, restriction, fee imposition, or taxation of auxiliary containers at the retail, manufacturer, or distributor level.

(B)    Nothing in this chapter may be construed to prohibit or limit any county or municipal ordinance regulating solid waste, any agreement pertaining to the disposal of solid waste, curbside recycling program, designated residential or commercial recycling locations, or commercial recycling program.

(C)    The provisions of this chapter do not apply to the use of auxiliary containers within the boundaries of a State park, on a property owned by a county or municipality including, but not limited to, coastal tidelands and wetlands, or on a public beach maintained by a coastal county or municipality.

(D)    The provisions of this chapter apply to auxiliary container regulations enacted after January 1, 2017."

SECTION    2.    This act takes effect upon approval by the Governor and applies to auxiliary container regulations enacted after the effective date of this act.

----XX----

This web page was last updated on April 11, 2017 at 1:07 PM