South Carolina General Assembly
115th Session, 2003-2004
A257, R408, H3734
STATUS INFORMATION
General Bill
Sponsors: Rep. Cooper
Document Path: l:\council\bills\ggs\22900htc03.doc
Introduced in the House on March 5, 2003
Introduced in the Senate on May 29, 2003
Last Amended on June 2, 2004
Passed by the General Assembly on June 3, 2004
Governor's Action: June 15, 2004, Signed
Summary: Mining Act, fee increased must be appropriated to the mining and reclamation program in DHEC, provisions
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
3/5/2003HouseIntroduced and read first time HJ70
3/5/2003HouseReferred to Committee on Ways and MeansHJ70
5/27/2003HouseRecalled from Committee on Ways and MeansHJ332
5/28/2003HouseAmended HJ42
5/28/2003HouseRead second time HJ43
5/29/2003HouseRead third time and sent to Senate HJ11
5/29/2003SenateIntroduced and read first time SJ11
5/29/2003SenateReferred to Committee on Medical AffairsSJ11
4/21/2004SenateCommittee report: Majority favorable, minority unfavorable Medical AffairsSJ50
5/20/2004SenateMinority report withdrawn SJ45
5/27/2004SenateRead second time SJ207
5/27/2004SenateOrdered to third reading with notice of amendments SJ207
6/2/2004SenateAmended SJ112
6/2/2004SenateRead third time and returned to House with amendments SJ112
6/3/2004HouseConcurred in Senate amendment and enrolled HJ44
6/3/2004Ratified R 408
6/15/2004Signed By Governor
6/24/2004Copies available
6/24/2004Effective date 06/15/04
6/24/2004Act No.257
VERSIONS OF THIS BILL
3/5/2003
5/27/2003
5/28/2003
4/21/2004
6/2/2004
(A257, R408, H3734)
AN ACT TO AMEND SECTION 4820240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FEES AND CIVIL PENALTIES COLLECTED PURSUANT TO THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT ANY INCREASE IN FEE REVENUE ATTRIBUTABLE TO THE FEE STRUCTURE IMPOSED JULY 1, 2003, MUST BE RETAINED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS MINING AND RECLAMATION PROGRAM AND USED SPECIFICALLY TO PROVIDE ADDITIONAL STAFF FOR THE PROGRAM AND TO PROVIDE EDUCATIONAL AND TRAINING ASSISTANCE TO THE MINING INDUSTRY IN THIS STATE, AND TO AMEND SECTION 4456170, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE TENDOLLARATON INCINERATION FEE ON HAZARDOUS WASTE MUST BE BASED ON THE AMOUNT OF HAZARDOUS WASTE COLLECTED BY THE FACILITY AND DOES NOT INCLUDE NONHAZARDOUS MATERIAL ADDED AT THE INCINERATION FACILITY FOR FUEL BLENDING.
Be it enacted by the General Assembly of the State of South Carolina:
Use of fees
SECTION1.Section 4820240 of the 1976 Code, as added by Act 454 of 1990, is amended to read:
“Section 4820240.All fees and civil penalties collected under the provisions of this chapter must be deposited in the general fund through the State Treasurer. Fee revenue attributable to increased or additional fees imposed pursuant to this chapter after May 1, 2003, must be retained and expended for the department’s mining and reclamation program. Funds retained pursuant to this section must be used specifically to provide additional staff for the mining and reclamation program and to provide educational and training assistance to the mining industry in South Carolina.”
Measure of fee imposition
SECTION2.Section 4456170(F)(1) of the 1976 Code is amended to read:
“(1)There is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State. Fees imposed by this subsection must be based on the amount of hazardous waste collected by the facility for incineration and must not include any nonhazardous materials added to the hazardous waste at the incineration facility for purposes of fuel blending. These fees must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be placed into a fund separate and distinct from the state general fund entitled ‘Hazardous Waste Fund County Account’.”
Time effective
SECTION3.This act takes effect upon approval by the Governor.
Ratified the 3rd day of June, 2004.
Approved the 15th day of June, 2004.
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