H 3854 Session 112 (1997-1998)
H 3854 General Bill, By Davenport, Keegan, Kelley, Lanford, Lee, Littlejohn,
Loftis, Tripp and Whatley
A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, AND BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF
REGULATIONS, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO AMEND REGULATIONS.
04/09/97 House Introduced and read first time HJ-23
04/09/97 House Referred to Committee on Judiciary HJ-23
A BILL
TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
AND BOTH RELATING TO GENERAL ASSEMBLY REVIEW
OF REGULATIONS, SO AS TO AUTHORIZE THE GENERAL
ASSEMBLY TO AMEND REGULATIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 1-23-120(D) and (F) of the 1976 Code, as
last amended by Act 507 of 1992, is further amended to read:
"(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 amend or
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 amending or
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 amend or 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 amending or 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, amend, or disapprove the regulations concerned.
A joint resolution approving, amending, 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.
(F) Any member may introduce a joint resolution approving,
amending, 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, amending, 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."
SECTION 2. Section 1-23-125 of the 1976 Code, as last amended
by Act 411 of 1996, is further amended to read:
"Section 1-23-125. (A) The legislative committee to which a
regulation is submitted is not authorized to may
amend a particular regulation and then introduce a joint resolution
approving the regulation as amended; however, this provision does
not prevent the introduction of a resolution disapproving one or more
of a group of regulations submitted to the committee and approving
or amending others submitted at the same time or deleting
a clearly separable portion of a single regulation and approving
or amending the balance of the regulation in the committee
resolution. An agency may not withdraw from or modify a regulation
under legislative review unless the agency receives written
notification, as provided for in this section, from a committee that the
committee by majority vote cannot approve the regulation in the form
submitted.
(B) If a majority of a committee determines that it cannot approve
a regulation in the form submitted, it shall notify the promulgating
agency in writing along with its recommendations as to changes that
would be necessary to obtain committee approval. The agency may:
(1) withdraw the regulation from the General Assembly and
resubmit it with the recommended changes to the Speaker and the
Lieutenant Governor, but any regulation not resubmitted within thirty
days is considered permanently withdrawn;
(2) withdraw the regulation permanently;
(3) take no action and abide by whatever action is taken or not
taken by the General Assembly on the regulation concerned.
(C) The notification tolls the one hundred twenty-day period for
automatic approval, and when an agency withdraws regulations from
the General Assembly prior to the time a committee resolution to
approve, amend, or disapprove the regulation has been
introduced, the remainder of the period begins to run only on the date
the regulations are resubmitted to the General Assembly. Upon
resubmission of the regulations, additional days must be added to the
days remaining in the review period for automatic approval, if less
than twenty days, to equal twenty days, and a copy of the amended
regulation must be given to each member of the committee. If an
agency decides to take no action pursuant to item (3), it shall notify
the committee in writing and the remainder of the period begins to
run only upon this notification.
(D) This section, as it applies to approval, amendment,
disapproval, or modification of regulations, does not apply to joint
resolutions introduced by other than the committees to which
regulations are initially referred by the Lieutenant Governor or the
Speaker of the House of Representatives.
(E) If a regulation, when finally promulgated, includes a
substantive change in the content of the regulation as proposed and
published in the State Register, and the substantive change was not
raised, considered, or discussed by public comment required in
Section 1-23-110, the regulation must be refiled by the agency with
the Legislative Council and published as revised in the State Register
and processed as a new regulation in accordance with this article."
SECTION 3. This act takes effect upon approval by the Governor.
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