H 3051 Joint Resolution, By Erickson, Harrison, G.R. Smith, Long, Lucas, Norman, 
Young, Taylor, Owens, Patrick, Daning, Crosby, Brady, Allison, Merrill, Quinn, 
Toole, Viers, Ballentine, Henderson, Bedingfield and Bingham

Similar(S 205)
 A JOINT RESOLUTION TO PROVIDE THAT NO STATE AGENCY, DEPARTMENT, OR ENTITY BY
 REGULATION OR OTHERWISE MAY ADMINISTRATIVELY 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 WITHOUT
 THE SPECIFIC APPROVAL OF THE INCREASED OR NEW FEE, FINE, OR PENALTY BY THE
 GENERAL ASSEMBLY BY CONCURRENT RESOLUTION ON A RECORDED ROLL CALL VOTE; TO
 PROVIDE THAT GENERAL APPROVAL BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION OF A
 REGULATION OF A STATE AGENCY OR DEPARTMENT UNDER THE ADMINISTRATIVE PROCEDURES
 ACT WHEREIN A FEE, FINE, OR PENALTY INCREASE OR IMPOSITION IS CONTAINED DOES
 NOT CONSTITUTE APPROVAL UNDER THE REQUIREMENTS OF THIS SECTION, AND IF AN
 INCREASE OR IMPLEMENTATION IS CONTAINED IN THAT JOINT RESOLUTION, THE INCREASE
 OR IMPLEMENTATION IS NULL AND VOID; TO PROVIDE CERTAIN EXCEPTIONS; AND TO
 PROVIDE FOR THE DURATION OF THIS PROVISION.

   12/07/10  House  Prefiled
   12/07/10  House  Referred to Committee on Judiciary
   01/11/11  House  Introduced and read first time (House Journal-page 24)
   01/11/11  House  Referred to Committee on Judiciary
                     (House Journal-page 24)
   01/12/11  House  Member(s) request name added as sponsor: Long
   03/30/11  House  Recalled from Committee on Judiciary
                     (House Journal-page 32)
   03/30/11  House  Referred to Committee on Ways and Means
                     (House Journal-page 32)
   03/31/11         Scrivener's error corrected
   04/05/11  House  Member(s) request name added as sponsor: Lucas,
                     Norman, Young, Taylor, Owens, Patrick, Daning,
                     Crosby, Brady, Allison, Merrill, Quinn, Toole
   04/14/11  House  Recalled from Committee on Ways and Means
                     (House Journal-page 34)
   04/26/11  House  Member(s) request name added as sponsor: Viers,
                     Ballentine, Henderson, Bedingfield, Bingham
   04/26/11  House  Requests for debate-Rep(s). Ott, Skelton,
                     Jefferson, Mack, Weeks, Battle, Herbkersman,
                     Erickson, King, Parker, Allison, Williams,
                     Bowers, McEachern, Brady, Knight, Brantley,
                     Clyburn, Bikas, Frye, Hosey, and Patrick
                     (House Journal-page 95)
   04/27/11  House  Requests for debate removed-Rep(s). Bikas,
                     Skelton, Patrick, Parker, Herbkersman, Ott,
                     Bowers, Allison, Brantley, and Clyburn
                     (House Journal-page 76)
   04/27/11  House  Requests for debate removed-Rep(s). Jefferson,
                     Erickson, Frye, Mack, Weeks, Hosey, Knight,
                     McEachern, and King (House Journal-page 88)
   04/28/11  House  Amended (House Journal-page 21)
   04/28/11  House  Read second time (House Journal-page 21)
   04/28/11  House  Roll call Yeas-101  Nays-0 (House Journal-page 21)
   04/28/11  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 24)
   04/29/11  House  Read third time and sent to Senate
                     (House Journal-page 2)
   05/03/11  Senate Introduced and read first time (Senate Journal-page 19)
   05/03/11  Senate Referred to Committee on Finance
                     (Senate Journal-page 19)

AMENDED

April 28, 2011

H. 3051

Introduced by Reps. Erickson, Harrison, G.R. Smith, Long, Lucas, Norman, Young, Taylor, Owens, Patrick, Daning, Crosby, Brady, Allison, Merrill, Quinn, Toole, Viers, Ballentine, Henderson, Bedingfield and Bingham

S. Printed 4/28/11--H.

Read the first time January 11, 2011.

TO PROVIDE THAT NO STATE AGENCY, DEPARTMENT, OR ENTITY BY REGULATION OR OTHERWISE MAY ADMINISTRATIVELY 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 WITHOUT THE SPECIFIC APPROVAL OF THE INCREASED OR NEW FEE, FINE, OR PENALTY BY THE GENERAL ASSEMBLY BY CONCURRENT RESOLUTION ON A RECORDED ROLL CALL VOTE; TO PROVIDE THAT GENERAL APPROVAL BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION OF A REGULATION OF A STATE AGENCY OR DEPARTMENT UNDER THE ADMINISTRATIVE PROCEDURES ACT WHEREIN A FEE, FINE, OR PENALTY INCREASE OR IMPOSITION IS CONTAINED DOES NOT CONSTITUTE APPROVAL UNDER THE REQUIREMENTS OF THIS SECTION, AND IF AN INCREASE OR IMPLEMENTATION IS CONTAINED IN THAT JOINT RESOLUTION, THE INCREASE OR IMPLEMENTATION IS NULL AND VOID; TO PROVIDE CERTAIN EXCEPTIONS; AND TO PROVIDE FOR THE DURATION OF THIS PROVISION.

Amend Title To Conform

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

SECTION    1.    (A)    Notwithstanding any other provision of law, beginning on the effective date of this section, no state agency, department, or entity by regulation may administratively 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 without the specific approval of the increased or new fee, fine, or penalty by the General Assembly by joint resolution on a recorded roll call vote. General approval by the General Assembly by joint resolution of a regulation of a state agency or department under the Administrative Procedures Act wherein a fee, fine, or penalty increase or imposition is contained does not constitute approval under the requirements of this section, and if an increase or implementation is contained in that joint resolution, the increase or implementation is null and void.

(B)    The provisions of this section do not apply to:

(1)    any regulation pending approval by the General Assembly which contain fees, fines, or both that have been previously authorized by statute;

(2)    any fees or charges made by public institutions of higher learning as defined in Section 59-103-5;

(3)    charges, fees, or fines related to marine terminal operations, facilities, and services, or to charges, fees, or fines which are governed by marine terminal operator tariffs or contracts;

(4)    the South Carolina Public Service Authority;

(5)    federally mandated programs that require federally mandated fee, fine, or penalty schedules;

(6)    the Department of Parks, Recreation and Tourism; and

(7)    any fees set pursuant to the Atlantic Interstate Low-Level Radioactive Waste Compact Implementation Act.

(C)    The provisions of this section expire on July 1, 2012, unless reauthorized by the General Assembly by law.

SECTION    2.    This joint resolution takes effect upon approval by the Governor and only applies prospectively.