H*2780 Session 104 (1981-1982)
H*2780(Rat #0181, Act #0130 of 1981) General Bill, By J.J. Snow
A Bill to amend Sections 39-41-10, 39-41-20, 39-41-50, 39-41-60, 39-41-70,
39-41-90, 39-41-100, 39-41-110, 39-41-120, 39-41-130, 39-41-140 and 39-41-200,
Code of Laws of South Carolina, 1976, relating to gasoline, lubricating oils
and other petroleum products, so as to redefine "petroleum" and "petroleum
product"; to delete requirements relating to the appointment of analysts,
chemists and inspectors; to require submission by bonding companies of
additional persons added to bond coverage; to change references to oil and
gasoline to petroleum products; to impose additional requirements on
record-keeping by persons selling petroleum products; to approve surety bonds
as acceptable in lieu of monthly prepayments pending monthly reports and
payments; to change a reference to "claimant" to "payee" and require proof of
claims to be submitted within six months from the date shown on the delivery
manifest prior to paying the claim from the petroleum products inspection
fund; to change the procedure for the payment of fees received and delete
references to drawing money received from such fees from the State Treasurer
by the Commissioner of Agriculture; to amend the Code by adding Sections
39-41-240 and 39-41-250 so as to provide quality and safety standards for
testing petroleum products and provide for the registration of gasoline,
gasohol and alcohol-gasoline mixtures by octane index; and to provide
penalties.
04/14/81 House Introduced and read first time HJ-1820
04/14/81 House Referred to Committee on Agriculture and Natural
Resources HJ-1820
05/06/81 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-2219
05/07/81 House Debate adjourned HJ-2294
05/13/81 House Amended HJ-2374
05/13/81 House Read second time HJ-2378
05/14/81 House Read third time and sent to Senate HJ-2428
05/20/81 Senate Introduced and read first time SJ-9
05/20/81 Senate Referred to Committee on Agriculture and Natural
Resources SJ-9
06/04/81 Senate Committee report: Favorable Agriculture and
Natural Resources SJ-30
06/10/81 Senate Read second time SJ-43
06/16/81 Senate Read third time and enrolled SJ-16
06/23/81 House Ratified R 181 HJ-3331
06/26/81 Signed By Governor
06/26/81 Effective date 06/26/81
06/26/81 Act No. 130
07/10/81 Copies available
(A130, R181, H2780)
AN ACT TO AMEND SECTIONS 39-41-10, 39-41-20, 39-41-50, 39-41-60, 39-41-70,
39-41-90, 39-41-100, 39-41-110, 39-41-120, 39-41-130, 39-41-140 AND 39-41-200,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE, LUBRICATING OILS AND
OTHER PETROLEUM PRODUCTS, SO AS TO REDEFINE "PETROLEUM" AND
"PETROLEUM PRODUCT"; TO DELETE REQUIREMENTS RELATING TO THE APPOINTMENT
OF ANALYSTS, CHEMISTS AND INSPECTORS; TO REQUIRE SUBMISSION BY BONDING COMPANIES
OF ADDITIONAL PERSONS ADDED TO BOND COVERAGE; TO CHANGE REFERENCES TO OIL AND
GASOLINE TO PETROLEUM PRODUCTS; TO IMPOSE ADDITIONAL REQUIREMENTS ON
RECORD-KEEPING BY PERSONS SELLING PETROLEUM PRODUCTS; TO APPROVE SURETY BONDS AS
ACCEPTABLE IN LIEU OF MONTHLY PREPAYMENTS PENDING MONTHLY REPORTS AND PAYMENTS;
TO CHANGE A REFERENCE TO "CLAIMANT" TO "PAYEE" AND REQUIRE
PROOF OF CLAIMS TO BE SUBMITTED WITHIN SIX MONTHS FROM THE DATE SHOWN ON THE
DELIVERY MANIFEST PRIOR TO PAYING THE CLAIM FROM THE PETROLEUM PRODUCTS
INSPECTION FUND; TO CHANGE THE PROCEDURE FOR THE PAYMENT OF FEES RECEIVED AND
DELETE REFERENCES TO DRAWING MONEY RECEIVED FROM SUCH FEES FROM THE STATE
TREASURER BY THE COMMISSIONER OF AGRICULTURE; TO AMEND THE CODE BY ADDING
SECTIONS 39-41-240 AND 39-41-250 SO AS TO PROVIDE QUALITY AND SAFETY STANDARDS
FOR TESTING PETROLEUM PRODUCTS AND PROVIDE FOR THE REGISTRATION OF GASOLINE,
GASOHOL AND ALCOHOL-GASOLINE MIXTURES BY OCTANE INDEX; AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Petroleum or petroleum products redefined
SECTION 1. Section 39-41-10 of the 1976 Code is amended to read:
"Section 39-41-10. The term 'petroleum' or 'petroleum product' as used in
this article shall be construed to mean gasoline, gasohol, kerosene, diesel
fuels, jet fuels, fuel oil no. 1 through 4 or any like product of petroleum or
any product which may be susceptible for use as petroleum products under whatever
name called."
Commissioner of Agriculture to appoint analysts, etc.
SECTION 2. Section 39-41-20 of the 1976 Code is amended to read:
"Section 39-41-20. The Commissioner of Agriculture shall appoint such
analysts, chemists and inspectors as may be required to carry out the provisions
of this article. The inspectors may examine all barrels, tanks or other vessels
containing petroleum or petroleum products to see that they are properly tagged
as required in this article and they shall, as directed, collect and test samples
of petroleum products offered for sale in the State and, when so instructed,
collect and send samples to the Department of Agriculture for examination."
Manufacturers to file statement with the commissioner
SECTION 3. Section 39-41-50 of the 1976 Code is amended to read:
"Section 39-41-50. All manufacturers wholesalers and jobbers, before
selling or ordering for sale in this State any petroleum product shall file with
the Commissioner of Agriculture a statement that they desire to do business in
the State and furnish the name or brand of the product which they desire to sell,
with the name and address of the manufacturer and a statement that the product
shall comply with the requirements of this article. On each January first
thereafter, an up-to-date listing must be submitted by the bonded company
covering additional jobbers, dealers, distributors, consigners, by whatever name
called who shall receive and distribute in bulk quantities the petroleum products
in South Carolina."
Manufacturers to give notice
SECTION 4. Section 39-41-60 of the 1976 Code is amended to read:
"Section 39-41-60. When petroleum products are shipped into this State,
the manufacturer or jobber shall give notice to the Commissioner of Agriculture
of every shipment in net gallons with the name and address of the person to whom
it is sent and the number of gallons on the day shipment is made."
Petroleum products subject to inspection
SECTION 5. Section 39-41-70 of the 1976 Code is amended to read:
"Section 39-41-70. All petroleum products sold or offered for sale in
this State and to be used in this State for power, illuminating or heating
purposes, shall be subject to inspection and testing to determine their safety
and value for power, illuminating or heating purposes. The Department of
Agriculture may at any time or place have collected samples of any petroleum
product offered for sale and have them tested and analyzed. The inspection of
petroleum products as authorized in this article shall be under the direction of
the Commissioner of Agriculture, who may make all necessary regulations for the
inspection of such petroleum products, employ all necessary chemists and enforce
standards as to safety, purity, value for power and heating purposes or absence
of objectionable substances and luminosity, when not in conflict with the
provisions of this article, and which he may deem necessary to provide the people
of the State with satisfactory petroleum products."
Petroleum products complained of to be analyzed
SECTION 6. Section 39-41-90 of the 1976 Code is amended to read:
"Section 39-41-90. Whenever a complaint is made to the Department of
Agriculture in regard to power, illuminating or heating qualities of any
petroleum product sold in this State, the Commissioner shall cause a sample of
such petroleum product complained of to be procured and have it thoroughly
analyzed and tested as to safety or value for power or heating purposes or
illuminating qualities. If such analysis or other tests shall show that the
petroleum product is either unsafe or of inferior quality for power, heating or
illuminating purposes, its sale shall be forbidden and reports of the result
shall be sent to the person making the complaint and to the manufacturer of such
petroleum product."
Records of shipments of petroleum products to be kept
SECTION 7. Section 39-41-100 of the 1976 Code is amended to read:
"Section 39-41-100. Any person who shall sell or offer for sale any
petroleum product shall keep an accurate record of all lots of shipments of such
product received by him and such products shipped by him. All delivery manifests
(original and copies) shall show actual destination of products before they leave
the terminal or location of origination. The alteration of shipping information
on shipping documents involving petroleum products shall be considered a
misdemeanor and subject to the penalties set forth in Section 39-41-160, unless
the original and all copies are likewise adjusted and records amended."
Commissioner may inspect records
SECTION 8. Section 39-41-110 of the 1976 Code is amended to read:
"Section 39-41-110. The Commissioner of Agriculture and his duly
authorized representatives may inspect all records of any person doing business
in this State for the purpose of ascertaining information relative to the sales
transportation or possession of petroleum products. Legible records shall be kept
at the point of origin or reasonable approved proximity for auditing
purposes."
Funds provided for inspecting, etc.
SECTION 9. Section 39-41-120 of the 1976 Code is amended to read:
"Section 39-41-120. For the purpose of providing funds for inspecting,
testing and analyzing petroleum products and for general state purposes, there
shall be paid to the Commissioner of Agriculture a charge of one-fourth cent per
gallon, which payment shall be made before delivery to agents, dealers or
consumers in the State. Upon approval of the Department, a surety bond is
acceptable as monthly prepayments pending monthly reports and payments.
Determination of acceptable bonding shall be based on distribution, location,
terminal facilities and handling through other bonded suppliers."
Inspection fee
SECTION 10. Section 39-41-130 of the 1976 Code is amended to read:
"Section 39-41-130. Any person may present to the Commissioner of
Agriculture proof that he has paid an inspection fee on petroleum products in
error or has paid an inspection fee on shipments of petroleum products
subsequently diverted from the State, whereupon the Commissioner of Agriculture
shall refund the amount of the inspection fee to the payee out of the petroleum
products inspection fund, provided the proof of the claim is submitted within six
months from the date shown on the delivery manifest."
Fees
SECTION 11. Section 39-41-140 of the 1976 Code is amended to read:
"Section 39-41-140. Fees shall be received no later than the twentieth of
each month by the Commissioner of Agriculture and all monies received under the
provisions of this article shall be paid into the State Treasury. Such monies
shall be turned over monthly by the Commissioner to the State Treasurer, as are
other funds."
Provisions not to apply
SECTION 12. Section 39-41-200 of the 1976 Code is amended to read:
"Section 39-41-200. The provisions of this article shall not apply to a
retail dealer in petroleum products unless such retail dealer shall sell or offer
to sell petroleum products of a manufacturer, wholesaler or jobber who refuses
to comply with the provisions of this article."
Quality and safety standards-gasoline, etc., offers for sale shall be registered
SECTION 13. The 1976 Code is amended by adding:
"Section 39-41-240. Quality and safety standards for testing of gasoline,
gasohol, diesel fuel, kerosene, fuel oil and petroleum products shall be the
specifications promulgated by the American Society for Testing and Materials
unless other standards are promulgated by the Commissioner of Agriculture in
accordance with Section 39-41-80.
Section 39-41-250. All gasoline, gasohol and alcohol-gasoline mixtures for
gasoline type engines that are sold, offered or exposed for sale or distribution
in South Carolina shall be registered by each identifying brand name or grade
designation and the corresponding minimum guaranteed Octane Index. Prescribed
registration forms will be provided by the Department of Agriculture. The Octane
Index, the average of the Research Octane Number and the Motor Octane Number
(R+M)/2 shall be the designated number for registration, delivery invoices, bills
of lading, delivery tickets, posting on dispensing pumps and for advertising
purposes, when so stated. The minimum Octane Index guarantee for premium grade
gasoline, gasohol and alcohol-gasoline mixtures shall be ninety-one. The minimum
Octane Index guarantee for regular grade gasoline, gasohol and alcohol-gasoline
mixtures shall be eighty-seven. Gasoline, gasohol and alcohol-gasoline mixtures
having Octane Indices below eighty-seven must be registered and labeled as
substandard or subregular."
Time effective
SECTION 14. This act shall take effect upon approval by the Governor. |