H 3375 Session 111 (1995-1996)
H 3375 General Bill, By Townsend, Allison, C.D. Chamblee, Cooper, Fair,
P.B. Harris, Kelley, Kennedy, Littlejohn, Stille and Walker
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 require
that all regulations must be enacted by the General Assembly and all rules and
provisions of law applicable to the enactment of the statutory law of this
State applies to the enactment of regulations; to repeal Section 1-23-125,
relating to General Assembly approval of regulations; and to repeal Section
1-23-130, relating to emergency regulations.
01/25/95 House Introduced and read first time HJ-18
01/25/95 House Referred to Committee on Judiciary HJ-19
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 REQUIRE THAT ALL REGULATIONS MUST BE
ENACTED BY THE GENERAL ASSEMBLY AND ALL RULES
AND PROVISIONS OF LAW APPLICABLE TO THE
ENACTMENT OF THE STATUTORY LAW OF THIS STATE
APPLIES TO THE ENACTMENT OF REGULATIONS; TO
REPEAL SECTION 1-23-125, RELATING TO GENERAL
ASSEMBLY APPROVAL OF REGULATIONS; AND TO
REPEAL SECTION 1-23-130, RELATING TO EMERGENCY
REGULATIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 1-23-120 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 1-23-120. (A) All regulations except those
specifically exempted under this section must be submitted to the
General Assembly for review enactment in
accordance with this article, but no regulation may be submitted to
the General Assembly more than one year after publication of the
drafting notice initiating the regulation pursuant to Section
1-23-110.
(B) To initiate the process of review, the agency shall
file with the President of the Senate and the Speaker of the House
of Representatives:
(1) a copy of the regulations promulgated;
(2) a request for review;
(3) a brief synopsis of the regulations submitted explaining
the content and any changes in existing regulations resulting from
the regulations;
(4) a copy of the final assessment report and the summary of
the final report prepared by the division pursuant to Section
1-23-115. A regulation that does not require an assessment report
because it does not have a substantial economic impact must include
a statement to that effect. A regulation exempt from filing an
assessment report pursuant to Section 1-23-115(E) must include an
explanation of the exemption;
(5) a copy of the fiscal impact statement prepared by the
agency as required in Section 1-23-110.
(C) Upon receipt of the request, the President and Speaker
reviewing the request shall submit have the regulation
prepared as a bill for introduction and upon introduction shall
refer it for consideration to the standing committees of the
Senate and House which are most concerned with the function of
the promulgating agency. A copy of the regulation or a synopsis of
it must be given to each member of the committee. The
committees to which regulations are referred have one hundred
twenty days from the date regulations are submitted to the General
Assembly to consider and take action on these regulations.
However, if a regulation is referred to a committee and no action
occurs in that committee on the regulation within sixty calendar
days of receipt of the regulation, the regulation must be placed on
the agenda of the full committee beginning with the next scheduled
full committee meeting.
(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 by a standing
committee to which the regulation was referred for review, the
regulation is effective upon publication in the State Register. Upon
introduction of the first joint resolution disapproving a regulation by
a standing committee to which the regulation was referred for
review, 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
does not prevent the introduction of a joint resolution by the
committee of the other house 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.
(E) The one-hundred-twenty-day period of review begins on the
date the regulation is filed with the President and Speaker. Sine die
adjournment of the General Assembly tolls the running of the
period of review, and the remainder of the period begins to run
upon the next convening of the General Assembly excluding special
sessions called by the Governor.
(F) Any member may introduce a joint resolution approving or
disapproving a regulation thirty days following the date the
regulations concerned are submitted to a standing committee for
review and no committee joint resolution approving or disapproving
the regulations has been introduced and the regulations concerned
have not been withdrawn by the promulgating agency pursuant to
Section 1-23-125, but the introduction does not toll the
one-hundred-twenty-day period of automatic approval. All
House and Senate rules and provisions of law applicable to the
enactment of the statutory law of this State apply to the enactment
of regulations.
(G)(D) Enactment by the General
Assembly review is not required for regulations
promulgated:
(1) to maintain compliance with federal law including, but
not limited to, grant programs; however, the synopsis of the
regulation required to be submitted by subsection (B) must include
citations to federal law, if any, mandating the promulgation of or
changes in the regulation justifying this exemption;
(2) by the state Board of Financial Institutions in order to
authorize state-chartered banks, state-chartered savings and loan
associations, and state-chartered credit unions to engage in activities
that are authorized pursuant to Section 34-1-110;
(3) by the South Carolina Department of Revenue and
Taxation to adopt regulations, revenue rulings, revenue procedures,
and technical advice memoranda of the Internal Revenue Service so
as to maintain conformity with the Internal Revenue Code of
1954;
(4) as emergency regulations under Section 1-23-130.
(H) For purposes of this section, only those calendar days
occurring during a session of the General Assembly, excluding
special sessions, are included in computing the days
elapsed."
SECTION 2. Sections 1-23-125 and 1-23-130 of the 1976 Code
are repealed.
SECTION 3. This act takes effect upon approval by the
Governor.
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