Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
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) 1/10/2018 House Debate adjourned until Wed., 1-24-18 (House Journal-page 14)
View the latest legislative information at the website
VERSIONS OF THIS BILL
AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1 (3529C002.DKA.SA18.docx)
Amt. No. 2 (3529C004.NBD.CZ17.docx)
March 7, 2017
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.
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:
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.
This web page was last updated on January 11, 2018 at 9:34 AM