H 3377 General Bill, By Townsend, Bailey, H. Brown, Cato, C.D. Chamblee, Cooper, 
Davenport, T.L. Farr, H.M. Hallman, Kelley, Kennedy, Koon, Littlejohn, 
J.G. Mattos, Phillips, Sharpe, Stille, C.H. Stone, J.W. Tucker, Vaughn, Walker, 
D. Williams, Witherspoon and Young-Brickell
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 1-23-165 so as to provide that no state agency or department may promulgate
 regulations if its governing body is not elected, appointed, or confirmed by
 advice and consent of the General Assembly and to provide that these state
 agencies or departments rather than promulgating a regulation shall recommend
 to the appropriate standing committees of the General Assembly having
 jurisdiction of the agency or department the needed change in State law to
 accomplish the purpose of the regulation.

   02/03/93  House  Introduced and read first time HJ-16
   02/03/93  House  Referred to Committee on Judiciary HJ-16

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-165 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY PROMULGATE REGULATIONS IF ITS GOVERNING BODY IS NOT ELECTED, APPOINTED, OR CONFIRMED BY ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT THESE STATE AGENCIES OR DEPARTMENTS RATHER THAN PROMULGATING A REGULATION SHALL RECOMMEND TO THE APPROPRIATE STANDING COMMITTEES OF THE GENERAL ASSEMBLY HAVING JURISDICTION OF THE AGENCY OR DEPARTMENT THE NEEDED CHANGE IN STATE LAW TO ACCOMPLISH THE PURPOSE OF THE REGULATION.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 1-23-165. Notwithstanding any other provision of law, no state agency or department after the effective date of this section may promulgate regulations if its governing body, board, or commission is not elected by the General Assembly, appointed by the General Assembly, or confirmed by advice and consent of the General Assembly. The state agencies or departments to which this section applies rather than promulgating a regulation shall recommend to the appropriate standing committees of the General Assembly having jurisdiction of the agency or department the needed change in state law to accomplish the purpose of the regulation.

All regulations promulgated by these agencies or departments before the effective date of this section shall continue in full force and effect."

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