S 0062 General Bill, By Campsen and Bryant

Similar(S 230)
 A BILL TO AMEND CHAPTER 7, TITLE 2 OF THE 1976 CODE, RELATING TO LEGISLATIVE
 ENACTMENTS BY ADDING SECTION 2-7-61, TO PROVIDE THAT THE GENERAL ASSEMBLY
 SHALL NOT INCREASE OR IMPLEMENT A FINE OR PENALTY IN THE GENERAL
 APPROPRIATIONS BILL AND MUST ONLY DO SO BY SEPARATE ACT; TO PROVIDE THAT A
 STATE AGENCY, DEPARTMENT, OR ENTITY MUST NOT INCREASE OR IMPLEMENT A FINE OR
 FEE BY REGULATION OR ADMINISTRATIVE ACTION; AND TO PROVIDE EXCEPTIONS.

   12/03/14  Senate Prefiled
   12/03/14  Senate Referred to Committee on Finance
   01/13/15  Senate Introduced and read first time (Senate Journal-page 63)
   01/13/15  Senate Referred to Committee on Finance
                     (Senate Journal-page 63)

TO AMEND CHAPTER 7, TITLE 2 OF THE 1976 CODE, RELATING TO LEGISLATIVE ENACTMENTS BY ADDING SECTION 2-7-61, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL NOT INCREASE OR IMPLEMENT A FINE OR PENALTY IN THE GENERAL APPROPRIATIONS BILL AND MUST ONLY DO SO BY SEPARATE ACT; TO PROVIDE THAT A STATE AGENCY, DEPARTMENT, OR ENTITY MUST NOT INCREASE OR IMPLEMENT A FINE OR FEE BY REGULATION OR ADMINISTRATIVE ACTION; AND TO PROVIDE EXCEPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 7, Title 2 of the 1976 Code is amended by adding:

"Section 2-7-61.    (A)    The General Assembly shall not authorize a state agency, department, or entity to increase or implement a fee for performing a service or function, or a civil penalty or fine for failure to comply with a requirement or provision of law under its jurisdiction in the temporary or permanent provisions of the State General Appropriation Act or acts supplemental thereto, and any increase or implementation of any fee or fine must be authorized only by an act separate from an appropriations bill.

(B)    Notwithstanding any other provision of law, from the effective date of this act, a state agency, department, or entity must not increase or implement a fee for performing a service or function, or a civil penalty or fine for failure to comply with a requirement or provision of law under its jurisdiction by regulation or administrative action.

(C)    The provisions of this section do not apply to internal charges between state agencies, departments, or entities, or any fees or charges, including tuition, made by schools or colleges to students of the institution for instruction, activities, or materials provided or furnished to those students."

SECTION    2.    This act takes effect upon approval by the Governor.