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Current Status Bill Number:View additional legislative information at the LPITS web site.3874 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990407 Primary Sponsor:D. Smith All Sponsors:D. Smith, Robinson, Quinn, Kelley, Harrison, Edge, Young-Brickell, Allen, Altman, Barrett, Campsen, Cato, Davenport, Delleney, Easterday, Fleming, Haskins, Hinson, Keegan, Koon, Law, Littlejohn, Mason, M. McLeod, Meacham-Richardson, Rice, Sandifer, Simrill, R. Smith, Stille, Taylor, Vaughn, Walker and Woodrum Drafted Document Number:l:\council\bills\psd\7228ac99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Regulations Review Panel established, General Assembly, Administrative procedures, Agencies, State History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990407 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-105 SO AS TO ESTABLISH THE REGULATIONS REVIEW PANEL WHICH SHALL DETERMINE THE NEED AND REASONABLENESS OF EACH REGULATION BEFORE THE REGULATION IS SUBMITTED TO THE GENERAL ASSEMBLY FOR REVIEW; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO PROVIDE THAT CERTAIN FACTORS RELATING TO NEED AND REASONABLENESS OF REGULATIONS MAY BE REQUESTED BY THE REVIEW PANEL; TO AMEND SECTION 1-23-111, AS AMENDED, RELATING TO PUBLIC HEARINGS ON REGULATIONS, SO AS TO PROVIDE THAT A MEMBER OF THE REGULATIONS REVIEW PANEL SHALL PRESIDE AT ALL SUCH HEARINGS AND TO AUTHORIZE THE PANEL TO REQUEST ADDITIONAL INFORMATION TO DETERMINE NEED AND REASONABLENESS OF REGULATIONS; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AGENCIES TO SUBMIT THE REVIEW PANEL DETERMINATION REPORT ON THE NEED AND REASONABLENESS OF THE REGULATION WITH OTHER DOCUMENTS WHEN SUBMITTING FOR GENERAL ASSEMBLY REVIEW; TO ESTABLISH THE REGULATIONS REVIEW FUND TO BE ADMINISTERED BY THE REVIEW PANEL AND TO AUTHORIZE THE PANEL TO PROVIDE AWARDS UNDER CERTAIN CIRCUMSTANCES TO CITIZENS WHO RECOMMEND REVIEW OF REGULATIONS THAT ARE UNNECESSARY OR UNREASONABLE AND TO ABOLISH THE FUND AS OF JULY 1, 2000; AND TO REQUIRE AGENCIES TO SUBMIT ALL REGULATIONS IN EFFECT ON JULY 1, 1999, TO THE GENERAL ASSEMBLY FOR REVIEW BEFORE JULY 1, 2001, IN ORDER FOR THE REGULATION TO REMAIN IN EFFECT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 1-23-105. (A) There is created the Regulations Review Panel to be composed of nine members. Three members must be appointed by the Speaker of the House, three by the President Pro Tempore, one by the Lieutenant Governor, and two by the Governor. One of the Governor's appointees must be designated by the Governor as chairman of the panel.
(B) All regulations must be submitted to the panel for review at the time the notice of public hearing is published in the State Register. If a public hearing is not held pursuant to Section 1-23-111, the panel shall review the regulations based on the factors listed in Section 1-23-115(C)(1) through (11) except items (4) through (8) to determine if there is a need for the regulation and if they are reasonable. If necessary to make this determination, the panel may request the agency to submit information on the factors listed in Section 1-23-115(C)(4) through (8) and the panel also may receive information from other sources relating to these factors.
(C) Within sixty days of receiving a regulation, the panel shall issue a written report containing the panel's determination of need and reasonableness of the regulation. If the panel determines that the need for or reasonableness of the proposed regulation has not been established, the panel may include suggested modifications to the proposed regulations. The agency shall elect to:
(1) modify the proposed regulation by including the suggested modifications of the panel;
(2) not modify the proposed regulation in accordance with the panel's suggested modifications, in which case the agency shall submit to the General Assembly, along with the promulgated regulation submitted for legislative review, a copy of the panel's written report; or
(3) terminate the promulgation process for the proposed regulation by publication of a notice in the State Register, and the termination is effective upon publication of the notice."
SECTION 2. Section 1-23-110(A)(3)(g) of the 1976 Code, as last amended by Act 411 of 1996, is further amended to read:
"(g) statement of the need and reasonableness of the regulation as determined by the agency based on an analysis of the factors listed in Section 1-23-115(C)(1) through (11). At no time is an agency required to include items (4) through (8) in the reasonableness and need determination. However, the Regulations Review Panel may request information on those items pursuant to Section 1-23-105, and comments related to items (4) through (8) received by the agency during the public comment periods must be made part of the official record of the proposed regulations."
SECTION 3. Section 1-23-111 of the 1976 Code, as last amended by Act 411 of 1996, is further amended to read:
"Section 1-23-111. (A) When a public hearing is held pursuant to this article involving the promulgation of regulations by a department for which the governing authority is a single director, it must be conducted by an administrative law judge assigned by the chief judge. When a public hearing is held pursuant to this article involving the promulgation of regulations by a department for which the governing authority is a board or commission, it must be conducted by the board or commission, with the chairman presiding a member of the Regulations Review Panel. The administrative law judge or chairman member of the Regulations Review Panel, as the presiding official, shall ensure that all persons involved in the public hearing on the regulation are treated fairly and impartially. The agency shall submit into the record the jurisdictional documents, including the statement of need and reasonableness as determined by the agency based on an analysis of the factors listed in Section 1-23-115(C)(1) through (11), except items (4) through (8), and any written exhibits in support of the proposed regulation. The agency may also submit oral evidences. Interested persons may present written or oral evidence. The presiding official shall allow questioning of agency representatives or witnesses, or of interested persons making oral statements, in order to explain the purpose or intended operation of the proposed regulation, or a suggested modification, or for other purposes if material to the evaluation or formulation of the proposed regulation. The presiding official may limit repetitive or immaterial statements or questions. At the request of the presiding official or the agency, a transcript of the hearing must be prepared.
(B) After allowing all written material to be submitted and recorded in the record of the public hearing no later than five working days after the hearing ends, unless the presiding official orders an extension for not more than twenty fifteen days, the presiding official shall issue a written report which shall include findings as to the need and reasonableness of the proposed regulation based on an analysis of the factors listed in Section 1-23-115(C)(1) through (11), except items (4) through (8) unless the presiding official requests information based on those factors, and other factors as the presiding official identifies and may include suggested modifications to the proposed regulations in the case of a finding of lack of need or reasonableness.
(C) If the presiding official determines that the need for or reasonableness of the proposed regulation has not been established, the agency shall elect to:
(a) modify the proposed regulation by including the suggested modifications of the presiding official;
(b) not modify the proposed regulation in accordance with the presiding official's suggested modifications, in which case the agency shall submit to the General Assembly, along with the promulgated regulation submitted for legislative review, a copy of the presiding official's written report; or
(c) terminate the promulgation process for the proposed regulation by publication of a notice in the State Register and the termination is effective upon publication of the notice."
SECTION 4. Section 1-23-120 of the 1976 Code, as last amended by Act 507 of 1992, is further amended by adding an appropriately numbered item at the end:
"( ) the written report of the Regulations Review Panel."
SECTION 5. There is established the Regulations Review Fund to be administered by the Regulations Review Panel, established pursuant to Section 1-23-105 of the 1976 Code, as added by Section 1 of this act. The Regulation Review Panel shall establish procedures whereby a citizen can recommend for review an existing regulation the citizen believes to be unnecessary and unreasonable. If the panel determines that the need and reasonableness is not established, the regulation is unenforceable three months from this determination by the panel unless the promulgating agency revises the regulation and it is approved by the panel.
The panel may receive donations, gifts, and bequests to fund the Regulations Review Fund to provide monetary awards to citizens who recommend review of regulations that become unenforceable pursuant to this section.
The Regulations Review Fund is abolished July 1, 2000, and monies remaining in the fund as of that date must be credited to the general fund of the State."
SECTION 6. For regulations in effect July 1, 1999, to remain in effect, they must be submitted before July 1, 2001, by the promulgating agency and approved by the General Assembly in accordance with Article 1, Chapter 23, Title 1 of the 1976 Code. A regulation not approved pursuant to this section before July 1, 2002, expires and is no longer in effect as July 1, 2002.
SECTION 7. Section 5 of this act is repealed July 1, 2000.
SECTION 8. This act takes effect July 1, 1999.
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