S 1173 Session 110 (1993-1994)
S 1173 General Bill, By Reese and Lander
A Bill to amend Section 1-23-120, as amended, Code of Laws of South Carolina,
1976, relating to General Assembly review of regulations, so as to increase
from one hundred twenty days to one hundred eighty days the time within which
a regulation may become effective without action by the General Assembly.
02/10/94 Senate Introduced and read first time SJ-7
02/10/94 Senate Referred to Committee on Judiciary SJ-7
A BILL
TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO GENERAL
ASSEMBLY REVIEW OF REGULATIONS, SO AS TO INCREASE
FROM ONE HUNDRED TWENTY DAYS TO ONE HUNDRED
EIGHTY DAYS THE TIME WITHIN WHICH A REGULATION
MAY BECOME EFFECTIVE WITHOUT ACTION BY THE
GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-120(C),(D),(E), and (F) of the 1976
Code, as last amended by Act 507 of 1992, are further amended to
read:
"(C) Upon receipt of the request, the President and Speaker
reviewing the request shall submit 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 eighty 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
eighty 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
eighty-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 eighty-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
eighty-day period of automatic approval."
SECTION 2. This act takes effect July 1, 1994, and applies to
regulations submitted to the General Assembly for review after June
30, 1994.
-----XX----- |