Rep. BRADLEY proposes the following amendment (LC-3021.WAB0006H):

Amend the bill, as and if amended, SECTION 2, by striking Section 1-23-115(B)(2) and inserting:

  (2) In addition to the requirements of item (1), if the final assessment report indicates that the regulation's economic impact is estimated to equal or exceed tenone million dollars over five years, then the Senate and the House of Representatives are required to approve the regulation by a joint resolution.

Amend the bill further, SECTION 7, by striking Section 1-23-810(C) and (D) and inserting:

 (C) Failure to complete the formal review within ninety days of the missed deadline for compliance results in the agency being prohibited to file any proposed new regulations except for emergency regulations or regulations to comply with federal law. The prohibition remains in effect until the formal review is completed.If the agency fails to complete the required formal review within ninety days after the missed deadline, and the General Assembly has not granted a waiver by concurrent resolution, the agency becomes subject to a Modernization Review pursuant to this section.
 (D) Upon a finding of good cause shown by the agency, the General Assembly by concurrent resolution may waive the prohibition in subsection (C). Any waiver granted under this subsection must specify its duration and not exceed one hundred eighty days.The General Assembly, by concurrent resolution, may waive the application of subsection (C) to an agency. Any waiver granted pursuant to this subsection must specify the duration of the waiver.
 (E) A Modernization Review may be initiated upon a two-thirds vote of any of the following:
  (1) the House Legislative Oversight Committee;
  (2) the Senate committee exercising oversight jurisdiction over the agency;
  (3) the House Regulations and Administrative Procedures Committee;
  (4) the standing committee of the House of Representatives having subject matter jurisdiction over the agency or regulatory program; or
  (5) the standing committee of the Senate having subject matter jurisdiction over the agency or regulatory program.
 (F) A Modernization Review also may be initiated by joint resolution of the General Assembly.
 (G) A Modernization Review initiated pursuant to this section may apply to:
  (1) a single regulation;
  (2) a group or category of regulations;
  (3) an article or chapter of regulations;
  (4) a regulatory program; or
  (5) the entirety of an agency's regulatory framework.
 (H) Upon initiation of a Modernization Review:
  (1) if the identified regulations have not undergone formal review by the Legislative Audit Council within the preceding five years, the Legislative Audit Council shall prioritize the agency and complete the formal review within one year;
  (2) the three-year automatic expiration period provided in subsection (J) is tolled during the pendency of the Legislative Audit Council's formal review;
  (3) the agency shall re-promulgate the identified regulations pursuant to the requirements of this article, including notice of drafting, publication in the State Register, public comment, submission to the Small Business Regulatory Review Committee, legislative review, and final promulgation procedures; and
  (4) the Small Business Regulatory Review Committee shall submit written comments and recommendations regarding the identified regulations during the re-promulgation process.
 (I) Regulations subject to a Modernization Review must proceed through the full re-promulgation process notwithstanding any prior approval, expiration date, or prior exemption from review requirements.
 (J) Unless extended by joint resolution of the General Assembly, regulations subject to a Modernization Review automatically expires three years after initiation of the Modernization Review if:
  (1) the agency fails to complete the required re-promulgation process; or
  (2) the regulations are not otherwise reauthorized by act or joint resolution of the General Assembly.
 (K) Upon automatic expiration pursuant to this section, the identified regulations are void and of no further force or effect.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 1-23-110(A)(3)(e) of the S.C. Code is amended to read:

 (e) a preliminary fiscal impact statement prepared by the agency reflecting estimates of costs to be incurred by the State and its political subdivisions in complying with the proposed regulation. A preliminary fiscal impact statement is not required for those regulations which are not subject to General Assembly review under Section 1-23-120. Agencies must publish backup documentation showing the methodology used in preparing the preliminary fiscal impact statement, and must include all calculations, assumptions, methodologies, and supporting materials relied upon by the agency in preparing the statement. The agency shall publish the fiscal impact statement and all supporting materials concurrently with the notice of drafting or promulgation of the regulation. If the preliminary fiscal impact statement is estimated to be greater than one million dollars over five years, the agency must submit its work to the Revenue and Fiscal Affairs office who shall prepare a final fiscal impact statement to be included with the regulation;

Amend the bill further, SECTION 10, by striking Section 1-23-280(C) and inserting:

 (C) In addition, the Chairman of the Senate Labor, Commerce and Industry Committee of the South Carolina Senate, the Chairman of Senate Agriculture and Natural Resources Committee, the Chairman of the House of Representatives Agriculture, the Chairman of the Senate Natural Resources and Environmental Affairs Committee, and the Chairman of the House of Representatives Labor, Commerce and Industry Committee of the South Carolina House of Representatives, or their designees, shall serve as nonvoting, ex officio members of the committee. During the committee review process, the director or his designee, of the promulgating agency shall be available at the request of the committee for comment on the proposed regulation.

Renumber sections to conform.

Amend title to conform.