H 3165 Session 112 (1997-1998)
H 3165 General Bill, By Townsend, Meacham and Robinson
A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO REQUIRE
THAT ALL REGULATIONS MUST BE ENACTED BY THE GENERAL ASSEMBLY AND ALL RULES AND
PROVISIONS OF LAW APPLICABLE TO THE ENACTMENT OF THE STATUTORY LAW OF THIS
STATE APPLIES TO THE ENACTMENT OF REGULATIONS; TO REPEAL SECTION 1-23-125,
RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS; AND TO REPEAL SECTION
1-23-130, RELATING TO EMERGENCY REGULATIONS.
01/08/97 House Prefiled
01/08/97 House Referred to Committee on Judiciary
01/14/97 House Introduced and read first time HJ-68
01/14/97 House Referred to Committee on Judiciary HJ-68
A BILL
TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL
ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO
REQUIRE THAT ALL REGULATIONS MUST BE ENACTED BY
THE GENERAL ASSEMBLY AND ALL RULES AND
PROVISIONS OF LAW APPLICABLE TO THE ENACTMENT OF
THE STATUTORY LAW OF THIS STATE APPLIES TO THE
ENACTMENT OF REGULATIONS; TO REPEAL SECTION
1-23-125 RELATING TO GENERAL ASSEMBLY APPROVAL
OF REGULATIONS; AND TO REPEAL SECTION 1-23-130
RELATING TO EMERGENCY REGULATIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 1-23-120 of the 1976 Code, as last amended
by Act 411 of 1996, is further amended to read:
"Section 1-23-120. (A) All regulations except those
specifically exempted under this section must be submitted to the
General Assembly for review enactment in
accordance with this article, but no regulation may be submitted to
the General Assembly more than one year after publication of the
drafting notice initiating the regulation pursuant to Section 1-23-110.
A regulation submitted to the General Assembly for review may
not be withdrawn or modified by the agency for any reason except
upon written notification by a committee that the committee by
majority vote cannot approve the regulation in the form submitted, as
provided for in Section 1-23-125.
(B) To initiate the process of review to enact a
regulation, the agency shall file with the President of the Senate
and the Speaker of the House of Representatives:
(1) a copy of the regulations promulgated;
(2) a request for review enactment;
(3) a brief synopsis of the regulations submitted explaining the
content and any changes in existing regulations resulting from the
regulations;
(4) a copy of the final assessment report and the summary of the
final report prepared by the division pursuant to Section 1-23-115.
A regulation that does not require an assessment report because it
does not have a substantial economic impact must include a statement
to that effect. A regulation exempt from filing an assessment report
pursuant to Section 1-23-115(E) must include an explanation of the
exemption;
(5) a copy of the fiscal impact statement prepared by the agency
as required in Section 1-23-110.
(C) Upon receipt of the request, the President and Speaker
reviewing the request shall submit have the regulation
prepared as a bill for introduction and upon introduction shall
refer 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 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 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-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-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-day period of automatic approval.
(G)(D) All House and Senate rules and
provisions of law applicable to the enactment of the statutory laws of
this State apply to the enactment of regulations.
(E) Enactment by the General Assembly review is not
required for regulations promulgated:
(1) to maintain compliance with federal law including, but not
limited to, grant programs; however, the synopsis of the regulation
required to be submitted by subsection (B) must include citations to
federal law, if any, mandating the promulgation of or changes in the
regulation justifying this exemption;
(2) by the state Board of Financial Institutions in order to
authorize state-chartered banks, state-chartered savings and loan
associations, and state-chartered credit unions to engage in activities
that are authorized pursuant to Section 34-1-110;
(3) by the South Carolina Department of Revenue and
Taxation to adopt regulations, revenue rulings, revenue
procedures, and technical advice memoranda of the Internal Revenue
Service so as to maintain conformity with the Internal Revenue Code
of 1954;
(4) as emergency regulations under Section
1-23-130.
(H) For purposes of this section, only those
calendar days occurring during a session of the General Assembly,
excluding special sessions, are included in computing the days
elapsed.
(I)(F) Each state agency which promulgates
regulations or to which the responsibility for administering
regulations has been transferred shall by July 1, 1997, and every five
years thereafter, conduct a formal review of all regulations which it
has promulgated or for which it has been transferred the
responsibility of administering, except that those regulations
described in subsection (G) (E) are not subject to this
review. Upon completion of the review, the agency shall submit to
the Code Commissioner a report which identifies those regulations:
(1) for which the agency intends to begin the process of repeal
in accordance with this article;
(2) for which the agency intends to begin the process of
amendment in accordance with this article; and
(3) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency
from repealing or amending a regulation in accordance with this
article before or after it is so identified in the report to the Code
Commissioner."
SECTION 2. Sections 1-23-125 and 1-23-130 of the 1976 Code
are repealed.
SECTION 3. This act takes effect upon approval by the Governor.
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