H 4575 Session 110 (1993-1994)
H 4575 General Bill, By Townsend, Allison, C.D. Chamblee, Cooper, Davenport,
Fair, L.O. Graham, M.F. Jaskwhich, Kelley, Kirsh, Littlejohn, C.V. Marchbanks,
J.G. Mattos, Sharpe, Stille, Trotter, Vaughn, Walker, C.C. Wells, Wilder and
Wilkins
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.
01/19/94 House Introduced and read first time HJ-33
01/19/94 House Referred to Committee on Judiciary HJ-33
02/15/94 House Tabled in committee
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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