South Carolina General Assembly
119th Session, 2011-2012
H. 3735
STATUS INFORMATION
General Bill
Sponsors: Reps. Loftis, Chumley, Hamilton, Sandifer, J.R.Smith, Whitmire, Thayer, Corbin, Clemmons, G.M.Smith, Hardwick, Hearn, Barfield, White and Viers
Document Path: l:\council\bills\nbd\11276ac11.docx
Introduced in the House on February 23, 2011
Introduced in the Senate on April 13, 2011
Currently residing in the Senate
Summary: Incandescent Light Bulb Freedom Act
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
2/23/2011HouseIntroduced and read first time (House Journalpage12)
2/23/2011HouseReferred to Committee on Labor, Commerce and Industry (House Journalpage12)
3/8/2011HouseMember(s) request name added as sponsor: Thayer
3/14/2011HouseCommittee report: Favorable Labor, Commerce and Industry (House Journalpage1)
3/16/2011HouseMember(s) request name added as sponsor: Corbin
3/30/2011HouseMember(s) request name added as sponsor: Clemmons, G.M.Smith, Hardwick, Hearn, Barfield, White
3/30/2011HouseRequests for debateRep(s).Ott, CobbHunter, Sellers, Rutherford, Crawford, JE Smith, Merrill, Brantley, Patrick, Long, Vick, Sabb, King, Jefferson, Branham, Hosey, Clyburn, JR Smith, Hixon, Gilliard, Mack, Agnew, Hardwick, Weeks, Sandifer, Loftis, Butler Garrick, and Quinn (House Journalpage28)
3/31/2011HouseMember(s) request name added as sponsor: Viers
3/31/2011HouseDebate adjourned until Tuesday, April 5, 2011 (House Journalpage43)
4/6/2011HouseMember(s) request name removed as sponsor: Neilson
4/7/2011HouseRead second time (House Journalpage34)
4/7/2011HouseRoll call Yeas76 Nays20 (House Journalpage34)
4/12/2011HouseRead third time and sent to Senate (House Journalpage46)
4/13/2011SenateIntroduced and read first time (Senate Journalpage9)
4/13/2011SenateReferred to Committee on Labor, Commerce and Industry (Senate Journalpage9)
2/23/2012SenateCommittee report: Favorable Labor, Commerce and Industry (Senate Journalpage10)
2/24/2012Scrivener's error corrected
VERSIONS OF THIS BILL
2/23/2011
3/14/2011
2/23/2012
2/24/2012
COMMITTEE REPORT
February 23, 2012
H.3735
Introduced by Reps. Loftis, Chumley, Neilson, Hamilton, Sandifer, J.R.Smith, Whitmire, Thayer, Corbin, Clemmons, G.M.Smith, Hardwick, Hearn, Barfield, White and Viers
S. Printed 2/23/12--S.[SEC 2/24/12 1:31 PM]
Read the first time April 13, 2011.
THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY
To whom was referred a Bill (H.3735) to amend the Code of Laws of South Carolina, 1976, by adding Chapter 12 to Title 39 to enact the “South Carolina Incandescent Light Bulb Freedom Act” so as to provide, etc., respectfully
REPORT:
That they have duly and carefully considered the same and recommend that the same do pass:
W. GREG RYBERG for Committee.
[3735-1]
ABILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 39 TO ENACT THE “SOUTH CAROLINA INCANDESCENT LIGHT BULB FREEDOM ACT” SO AS TO PROVIDE THAT INCANDESCENT LIGHT BULBS MANUFACTURED IN THIS STATE, WITHOUT SIGNIFICANT PARTS IMPORTED FROM ANOTHER STATE, AND OFFERED FOR SALE AND SOLD FOR USE ONLY IN THIS STATE ARE DEEMED ONLY TO BE IN THE STREAM OF INTRASTATE COMMERCE AND THEREFORE NOT SUBJECT TO FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE UNITED STATES CONSTITUTION.
Whereas, the tenth amendment to the United States Constitution reserves to the states and their people all powers not delegated to the federal government and not prohibited to the states; and
Whereas, the ninth amendment to the United States Constitution provides that certain rights enumerated in the Constitution shall not be construed to deny or disparage other rights retained by the people; and
Whereas, the General Assembly finds that if an item manufactured in this State without the inclusion of any significant parts imported from another state and the item is offered for sale and sold only for use within the borders of this State, the item is not in the stream of interstate commerce and not subject to federal regulation under the commerce clause of the United States Constitution pursuant to Article I, Section 8; and
Whereas, the General Assembly finds that the regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION1.Title 39 of the 1976 Code is amended by adding:
“Chapter 12
South Carolina Incandescent Light Bulb Freedom Act
Section 39-12-10.This chapter may be cited as the ‘South Carolina Incandescent Light Bulb Freedom Act’.
Section 39-12-20.As used in this chapter:
(1)‘Borders of South Carolina’ means the boundaries of South Carolina described in Section 1-1-10.
(2)‘Generic and insignificant parts’ includes, but is not limited to, steel, glass, springs, screws, nuts, pins, and ceramics.
(3)‘Incandescent light bulb’ means a light bulb containing a filament or filaments that produce light when the filament or filaments are heated due to electrical resistance.
Section 39-12-30.An incandescent light bulb that is manufactured commercially or privately in this State from basic materials that can be manufactured without the inclusion of any significant parts imported from another state and is offered for sale and sold for use only within the borders of this State is deemed to be in the stream of intrastate commerce, rather than interstate commerce, and is not subject to federal law or federal regulation.
(B)The incorporation of generic and insignificant parts imported from another state in an incandescent light bulb that is manufactured and sold in this State pursuant to subsection (A) which have other manufacturing or consumer product applications does not bring the incandescent light bulb into interstate commerce and does not subject them to federal law or federal regulation.
(C)Basic materials, such as unmachined and unshaped steel and glass, imported from another state that are to be altered for incorporation into an incandescent light bulb are deemed to be an insignificant part of the bulb pursuant to subsection (B) prior to their alteration and after their incorporation into the bulb. If these basic materials are otherwise manufactured, offered for sale, and sold pursuant to subsection (A), they are not in interstate commerce and not subject to federal law or federal regulation pursuant to subsection (B).
Section 39-12-40.An incandescent light bulb manufactured, offered for sale, or sold in this State pursuant to this chapter must have the words ‘Made in South Carolina’ clearly stamped, engraved, or otherwise clearly indicated on a central part of the bulb.”
SECTION2.This act takes effect upon approval by the Governor and applies to incandescent light bulbs that are manufactured, as defined in Section 39-12-20 of the 1976 Code, as added by Section 1 of this act, on or after this act’s effective date.
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