Current Status Bill Number:4388 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960109 Primary Sponsor:McElveen All Sponsors:McElveen, Keyserling, J. Young Drafted Document Number:BBM\10435SD.96 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:State agency may not charge fee for service
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960109 Introduced, read first time, 30 HWM
referred to Committee
House 19951220 Prefiled, referred to Committee 30 HWM
View additional legislative information at the LPITS web site.
TO AMEND SECTION 8-21-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST A STATE AGENCY OR DEPARTMENT SETTING A FEE FOR PERFORMING ANY DUTY OR RESPONSIBILITY UNLESS THE FEE IS AUTHORIZED BY LAW AND THE EXCEPTIONS THERETO, SO AS TO DELETE A PROVISION WHICH AUTHORIZES A STATE AGENCY TO CHARGE FEES FOR SERVICES TO OTHER STATE AGENCIES AND INSTEAD PROVIDE THAT NO SUCH FEE MAY BE CHARGED UNLESS IT IS SPECIFICALLY REQUIRED BY LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-21-15 of the 1976 Code, as last amended by Act 178 of 1987, is further amended to read:
"Section 8-21-15. (A) No state agency, department, board, committee, commission, or authority initially may set a fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this section.
(B) This section does not apply to:
(1) state-supported governmental health care facilities;
(2) state-supported schools, colleges, and universities;
(3) educational, entertainment, recreational, cultural, and training programs;
(4) the State Board of Financial Institutions;
(5) sales by state agencies of goods or tangible products produced for or by these agencies;
(6) charges by state agencies for room and board provided on state-owned property;
(7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
(8) court fees or fines levied in a judicial or adjudicatory proceeding.
(C) This section does not prohibit a state agency, department, board, committee, or commission from charging fees for services provided to other state agencies, departments, boards, committees, commissions, or political subdivisions regardless of whether the fee is set by statute Any state agency providing a service to another state or local governmental agency, including schools, which it is authorized or required to provide by law and for which it receives state or federal funds to perform may not charge a fee therefor unless the fee is specifically required by law.
Nothing in this subsection prevents a state agency when providing such a service to another state or local agency from being reimbursed for actual costs incurred, including copying costs and travel expenses, but the agency may not charge for the time devoted to providing the service by its employees.
(D) Statutory law for purposes of this section does not include regulations promulgated pursuant to the State Administrative Procedures Act."
SECTION 2. This act takes effect upon approval by the Governor.