Current Status Introducing Body:
SenateBill Number: 1141Ratification Number: 536Act Number: 450Primary Sponsor: MooreType of Legislation: JRSubject: Tax Commission, solid waste disposal feesDate Bill Passed both Bodies: Jun 04, 1992Computer Document Number: JIC/6006.HCGovernor's Action: SDate of Governor's Action: Jul 01, 1992Introduced Date: Jan 14, 1992Date of Last Amendment: Jun 04, 1992Last History Body: ------Last History Date: Jul 01, 1992Last History Type: Act No. 450Scope of Legislation: StatewideAll Sponsors: MooreType of Legislation: Joint Resolution
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 1141 ------ Jul 01, 1992 Act No. 450 1141 ------ Jul 01, 1992 Signed by Governor 1141 ------ Jun 04, 1992 Ratified R 536 1141 Senate Jun 04, 1992 Conference Committee Report 98 received, adopted, enrolled for ratification 1141 House Jun 04, 1992 Conference Committee Report 98 received, adopted 1141 Senate May 27, 1992 Conference powers granted, 98 appointed Senators to Committee of Conference 1141 House May 26, 1992 Conference powers granted, 98 appointed Reps. to Committee of Conference 1141 House May 26, 1992 Insists upon amendment 1141 Senate May 21, 1992 Non-concurrence in House amendment 1141 House May 19, 1992 Senate amendments amended, returned to Senate 1141 House May 14, 1992 Debate adjourned on Senate amendments until Tuesday, May 19, 1992 1141 Senate May 12, 1992 House amendments amended, returned to House 1141 House Apr 22, 1992 Read third time, returned with amendment 1141 House Apr 21, 1992 Amended, read second time 1141 House Apr 16, 1992 Debate adjourned until Tuesday, April 21, 1992 1141 House Apr 15, 1992 Debate interrupted 1141 House Apr 01, 1992 Committee Report: Favorable 30 with amendment 1141 House Jan 23, 1992 Introduced, read first time, 30 referred to Committee 1141 Senate Jan 22, 1992 Read third time, sent to House 1141 Senate Jan 21, 1992 Read second time 1141 Senate Jan 14, 1992 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
(A450, R536, S1141)
A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION; TO AMEND ACT 612 OF 1990, THE GENERAL APPROPRIATIONS ACT, AS AMENDED, SO AS TO REVISE THE EFFECTIVE DATE FOR A CERTAIN PROVISION; TO AMEND SECTION 44-96-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "LEAD ACID BATTERY"; TO AMEND SECTION 44-96-180, RELATING TO LEAD ACID BATTERIES, SO AS TO PROVIDE THAT THE FEE IS IMPOSED ON THE CONSUMER, TO REQUIRE THE DEPARTMENT TO CONDUCT A STUDY ON THE RECYCLING AND DISPOSAL OF THESE BATTERIES, AND TO PROMULGATE REGULATIONS; AND TO AMEND SECTION 44-96-190, RELATING TO DISPOSAL OF YARD TRASH, SO AS TO REVISE THE EFFECTIVE DATES FOR THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) A taxpayer required to pay the fees imposed pursuant to Sections 44-96-160, 44-96-170, 44-96-180, and 44-96-200 of the 1976 Code who delivers property subject to the fees either (1) under the terms of a written contract executed before November 1, 1991, or (2) pursuant to a written bid submitted before November 1, 1991, culminating in a written contract entered into before February 1, 1992, is exempt from the fees imposed by those code sections on deliveries under those contracts before November 1, 1992, if a verified copy of the contract is filed with the South Carolina Tax Commission.
Effective date revision
SECTION 2. Subsection G, Section 74, Part II, Act 612 of 1990 is amended to read:
"G. This act takes effect July 1, 1990, except Section 12-36-920(B), subsection A, which takes effect October 1, 1989."
Exception to definition
SECTION 3. Section 44-96-40(23) of the 1976 Code is amended to read:
"(23) `Lead-acid battery' means any battery that consists of lead and sulfuric acid, is used as a power source, and has a capacity of six volts or more, except that this term shall not include a small sealed lead-acid battery which means a lead-acid battery weighing twenty-five pounds or less, used in non-vehicular, non-SLI (start lighting ignition) applications."
Consumer to pay fee
SECTION 4. Section 44-96-180(F) of the 1976 Code is amended to read:
"(F) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per lead-acid battery sold to the ultimate consumer, whether the battery is installed by the seller or not. The retailer is to remit the fee to the Tax Commission on a monthly basis. The Tax Commission shall administer, collect, and enforce the lead-acid battery disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The commission shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The lead-acid battery disposal fee must be credited to the Solid Waste Management Trust Fund by the State Treasurer."
SECTION 5. Section 44-96-180 of the 1976 Code is amended by adding a new subsection (I) to read:
"(I) (1) Within eighteen months after enactment of this subsection, the department shall conduct a study on the recycling and disposal of small sealed lead-acid batteries.
(2) Within twelve months after completion of the study required in paragraph (1), the department must promulgate regulations regarding the proper management and disposal of small sealed lead-acid batteries. It shall be unlawful for any person to incinerate or place any small sealed lead-acid battery in a landfill."
Effective date revision
SECTION 6. Section 44-96-190(B), (C), and (D), as added by Act 63 of 1991, are amended to read:
"(B) Twenty-four months after this chapter is effective, no person shall knowingly mix yard trash and land-clearing debris with other municipal solid waste that is intended for collection or disposal at a municipal solid waste landfill or a resource recovery facility.
(C) Twenty-four months after this chapter is effective, no person shall knowingly mix other municipal solid waste with yard trash and land-clearing debris that is intended for collection and disposal at a composting facility. This prohibition does not apply to bags or other containers approved by the operator of the composting facility.
(D) Twenty-four months after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept loads composed primarily of yard trash or land-clearing debris unless the landfill provides and maintains a separate waste composting facility and composts all yard trash or land-clearing debris before disposal in the landfill or contracts for the composting of such waste at the facility."
SECTION 7. Section 1 of this joint resolution takes effect January 1, 1992. Sections 2, 5, and 6 of this joint resolution take effect upon approval by the Governor. Sections 3 and 4 of this joint resolution take effect ninety days after approval by the Governor.
Approved the 1st day of July, 1992.