H 4768 General Bill, By Robinson, Allison, B.O. Baker, C.D. Chamblee, 
R.S. Corning, Davenport, Gamble, L.O. Graham, J.P. Harrelson, Haskins, 
T.E. Huff, M.F. Jaskwhich, Lanford, Law, C.V. Marchbanks, M. McLeod, Meacham, 
D. Smith, Trotter, Vaughn, Wilkins and Young-Brickell
 A Bill to amend Section 1-23-120, as amended, Code of Laws of South Carolina,
 1976, relating to General Assembly approval of regulations so as to provide
 that introduction by five or more members of a Joint Resolution disapproving
 regulation tolls the one-hundred-twenty-day automatic approval of regulations.

   02/17/94  House  Introduced and read first time HJ-12
   02/17/94  House  Referred to Committee on Judiciary HJ-12

A BILL

TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS SO AS TO PROVIDE THAT INTRODUCTION BY FIVE OR MORE MEMBERS OF A JOINT RESOLUTION DISAPPROVING REGULATIONS TOLLS THE ONE-HUNDRED-TWENTY-DAY AUTOMATIC APPROVAL OF REGULATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 1-23-120(D) of the 1976 Code, as last amended by Act 507 of 1992, is further amended to read:

"(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced either by a standing committee to which the regulation was referred for review or by five or more members, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation either by a standing committee to which the regulation was referred for review or by five or more members, the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the house in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the remainder to equal ninety days. The introduction of a joint resolution by the committee of either house or by any number of members does not prevent the introduction of a joint resolution by the committee of the other house or by any number of members to either approve or disapprove the regulations concerned. A joint resolution approving or disapproving a regulation must include:

(1) the synopsis of the regulation as required by subsection (B);

(2) the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B), the statement or explanation that an assessment report is not required or is exempt."

SECTION 2. This act takes effect upon approval by the Governor.