South Carolina General Assembly
115th Session, 2003-2004

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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 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/5/2003  House   Introduced and read first time HJ-70
    3/5/2003  House   Referred to Committee on Ways and Means HJ-70
   5/27/2003  House   Recalled from Committee on Ways and Means HJ-332
   5/28/2003  House   Amended HJ-42
   5/28/2003  House   Read second time HJ-43
   5/29/2003  House   Read third time and sent to Senate HJ-11
   5/29/2003  Senate  Introduced and read first time SJ-11
   5/29/2003  Senate  Referred to Committee on Medical Affairs SJ-11
   4/21/2004  Senate  Committee report: Majority favorable, minority 
                        unfavorable Medical Affairs SJ-50
   5/20/2004  Senate  Minority report withdrawn SJ-45
   5/27/2004  Senate  Read second time SJ-207
   5/27/2004  Senate  Ordered to third reading with notice of amendments SJ-207
    6/2/2004  Senate  Amended SJ-112
    6/2/2004  Senate  Read third time and returned to House with amendments 
                        SJ-112
    6/3/2004  House   Concurred in Senate amendment and enrolled HJ-44
    6/3/2004          Ratified R 408
   6/15/2004          Signed By Governor
   6/24/2004          Copies available
   6/24/2004          Effective date 06/15/04
   6/24/2004          Act No. 257

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/5/2003
5/27/2003
5/28/2003
4/21/2004
6/2/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A257, R408, H3734)

AN ACT TO AMEND SECTION 48-20-240, 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 44-56-170, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE TEN-DOLLAR-A-TON 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

SECTION    1.    Section 48-20-240 of the 1976 Code, as added by Act 454 of 1990, is amended to read:

"Section 48-20-240.    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

SECTION    2.    Section 44-56-170(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

SECTION    3.    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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