South Carolina House Bill 4093 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on June 9 2010 - 100% progression
Action: 2010-06-09 - Act No. 178

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA MANUFACTURER RESPONSIBILITY AND CONSUMER CONVENIENCE INFORMATION TECHNOLOGY EQUIPMENT COLLECTION AND RECOVERY ACT"; TO PROVIDE FINDINGS BY THE GENERAL ASSEMBLY; TO PROVIDE DEFINITIONS; TO REQUIRE A CERTAIN LABEL ON A COMPUTER OR TELEVISION DEVICE SOLD BY A MANUFACTURER; TO PROVIDE A COMPUTER MANUFACTURER MAY NOT SELL OR OFFER TO SELL A COVERED COMPUTER DEVICE UNLESS THE MANUFACTURER OFFERS A CERTAIN RECOVERY PROGRAM, AND TO DESCRIBE REQUIREMENTS FOR THIS PROGRAM; TO PROVIDE A TELEVISION MANUFACTURER MAY NOT SELL OR OFFER TO SELL A COVERED TELEVISION DEVICE UNLESS THE MANUFACTURER OFFERS A CERTAIN RECOVERY PROGRAM, AND TO DESCRIBE REQUIREMENTS FOR THIS PROGRAM; TO PROVIDE A COMPUTER OR TELEVISION MANUFACTURER MAY NOT BE LIABLE FOR DAMAGES ARISING FROM INFORMATION STORED ON A COVERED DEVICE COLLECTED FROM A CONSUMER UNDER THE MANUFACTURER'S RECOVERY PROGRAM; TO PROVIDE A RETAILER MAY ONLY SELL A COVERED DEVICE THAT MEETS CERTAIN REQUIREMENTS; TO PROVIDE AFTER JULY 1, 2011, A CONSUMER MAY NOT DISPOSE OF A COVERED DEVICE IN A CERTAIN MANNER; TO PROVIDE AN OWNER OR OPERATOR OF A SOLID WASTE LANDFILL MAY NOT KNOWINGLY ACCEPT COVERED DEVICES, AMONG OTHER THINGS; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PROVIDE CERTAIN INFORMATION ABOUT THE DISPOSAL OF COVERED DEVICES; TO PROVIDE THE DEPARTMENT MAY CONDUCT AUDITS AND INSPECTIONS OF A COMPUTER OR TELEVISION MANUFACTURER, RETAILER, OR RECOVERER TO DETERMINE COMPLIANCE WITH THIS CHAPTER; TO EXEMPT FINANCIAL AND PROPRIETARY INFORMATION SUBMITTED TO THE DEPARTMENT PURSUANT TO THIS CHAPTER FROM THE FREEDOM OF INFORMATION ACT; TO REQUIRE THE DEPARTMENT INCLUDE IN ITS ANNUAL SOLID WASTE REPORT INFORMATION PROVIDED BY MANUFACTURERS ON RECOVERY PROGRAMS; TO PROVIDE COVERED DEVICES MUST BE RECOVERED IN A MANNER THAT COMPLIES WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL REQUIREMENTS, AND CERTAIN RESPONSIBLE RECYCLING PRACTICES; AND TO PROVIDE THE DEPARTMENT SHALL PROMULGATE CERTAIN REGULATIONS. - ratified title

Enact The "south Carolina Manufacturer Responsibility And Consumer Convenience Information Technology Equipment Collection And Recovery Act"; To Provide Findings By The General Assembly; To Provide Definitions; To Require A Certain Label On A Computer Or Television Device Sold By A Manufacturer; To Provide A Computer Manufacturer May Not Sell Or Offer To Sell A Covered Computer Device Unless The Manufacturer Offers A Certain Recovery Program, And To Describe Requirements For This Program; To Provide A Television Manufacturer May Not Sell Or Offer To Sell A Covered Television Device Unless The Manufacturer Offers A Certain Recovery Program, And To Describe Requirements For This Program; To Provide A Computer Or Television Manufacturer May Not Be Liable For Damages Arising From Information Stored On A Covered Device Collected From A Consumer Under The Manufacturer's Recovery Program; To Provide A Retailer May Only Sell A Covered Device That Meets Certain Requirements; To Provide After July 1, 2011, A Consumer May Not Dispose Of A Covered Device In A Certain Manner; To Provide An Owner Or Operator Of A Solid Waste Landfill May Not Knowingly Accept Covered Devices, Among Other Things; To Require The Department Of Health And Environmental Control Provide Certain Information About The Disposal Of Covered Devices; To Provide The Department May Conduct Audits And Inspections Of A Computer Or Television Manufacturer, Retailer, Or Recoverer To Determine Compliance With This Chapter; To Exempt Financial And Proprietary Information Submitted To The Department Pursuant To This Chapter From The Freedom Of Information Act; To Require The Department Include In Its Annual Solid Waste Report Information Provided By Manufacturers On Recovery Programs; To Provide Covered Devices Must Be Recovered In A Manner That Complies With All Applicable Federal, State, And Local Requirements, And Certain Responsible Recycling Practices; And To Provide The Department Shall Promulgate Certain Regulations. - Ratified Title

Rep. Michael Anthony [D]	Rep. Eric Bedingfield [R]	Rep. William Bowers [D]	Rep. Joan Brady [R]
Rep. Boyd Brown [D]	Rep. Grady Brown [D]	Rep. Kristopher Crawford [R]	Rep. Chandra Dillard [D]
Rep. Laurie Funderburk [D]	Rep. Anton Gunn [D]	Rep. Cathy Harvin [D]	Rep. Davey Hiott [R]
Rep. Kenneth Hodges [D]	Rep. Jenny Horne [R]	Rep. Anne Hutto [D]	Rep. Patsy Knight [D]
Sen. Dwight Loftis [R]	Rep. Phillip Lowe [R]	Rep. Harold Mitchell [D]	Rep. Dennis Moss [R]
Rep. Bakari Sellers [D]	Rep. James Roland Smith [R]	Rep. Leonidas Stavrinakis [D]	Rep. McLain Toole [R]

Date	Chamber	Action
2010-06-09		Act No. 178
2010-05-26		Effective date See Act for Effective Date
2010-05-19		Signed By Governor
2010-05-13		Ratified R 212
2010-05-06		Roll call Yeas-97 Nays-0 HJ-37
2010-05-06		Concurred in Senate amendment and enrolled HJ-37
2010-04-28		Read third time and returned to House with amendments SJ-25
2010-04-28		Amended SJ-25
2010-04-22		Read second time SJ-49
2010-04-22		Committee Amendment Adopted SJ-49
2010-04-16		Scrivener's error corrected
2010-04-15		Committee report: Favorable with amendment Agriculture and Natural Resources SJ-9
2010-03-09		Referred to Committee on Agriculture and Natural Resources SJ-4
2010-03-09		Introduced and read first time SJ-4
2010-03-03		Scrivener's error corrected
2010-03-03		Read third time and sent to Senate HJ-8
2010-03-02		Read second time HJ-63
2010-03-02		Amended HJ-44
2010-02-25		Debate adjourned until Tuesday, March 2, 2010 HJ-54
2010-02-25		Member(s) request name added as sponsor: Stavrinakis
2010-02-24		Member(s) request name added as sponsor: Hutto
2010-02-18		Member(s) request name added as sponsor: Gunn, Bowers
2010-02-17		Member(s) request name added as sponsor: Horne
2010-02-04		Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs HJ-14
2010-02-04		Member(s) request name added as sponsor: Hodges
2010-02-03		Member(s) request name added as sponsor: Funderburk
2010-02-02		Member(s) request name added as sponsor: Brady
2009-05-20		Member(s) request name added as sponsor: D.C.Moss, Sellers
2009-05-20		Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-10
2009-05-20		Introduced and read first time HJ-9

Type	Source
Summary	https://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=4093&session=118