S*245 Session 108 (1989-1990)
S*0245(Rat #0146, Act #0091 of 1989) General Bill, By Senate Judiciary
A Bill to amend Sections 1-23-110 and 1-23-120, both as amended, Code of Laws
of South Carolina, 1976, relating to the State Register, so as to require a
state agency to give notice of the opportunity for an oral hearing and to
require a hearing no sooner than thirty days from publication of the notice in
the State Register if requested by twenty-five persons and to provide that a
regulation becomes effective one hundred twenty days after submission to the
General Assembly if a resolution to approve it is not enacted within that time
period or if a resolution to disapprove a regulation has not been introduced
by a standing committee to which it was referred, to toll the running of the
one-hundred-twenty-day period upon the introduction of a resolution to
disapprove, to provide that emergency regulations may not be introduced after
a resolution to disapprove, to provide for the one-hundred-twenty day period
to recommence after a negative vote on resolution to disapprove; and to
provide that if less than ninety days remain after the period begins to run
again, additional days must be added to equal ninety days.-amended title
01/24/89 Senate Introduced, read first time, placed on calendar
without reference SJ-9
01/25/89 Senate Read second time SJ-14
01/26/89 Senate Read third time and sent to House SJ-10
01/31/89 House Introduced and read first time HJ-8
01/31/89 House Referred to Committee on Judiciary HJ-8
03/08/89 House Committee report: Favorable with amendment
Judiciary HJ-38
03/16/89 House Debate adjourned until Tuesday, March 21, 1989 HJ-3
03/21/89 House Recommitted to Committee on Judiciary HJ-20
04/19/89 House Committee report: Favorable with amendment
Judiciary HJ-9
04/25/89 House Debate adjourned until Wednesday, April 26, 1989 HJ-211
04/26/89 House Debate adjourned until Tuesday, May 2, 1989 HJ-22
05/02/89 House Debate adjourned until Wednesday, May 3, 1989 HJ-50
05/03/89 House Debate adjourned until Thursday, May 4, 1989 HJ-16
05/04/89 House Amended HJ-19
05/04/89 House Read second time HJ-22
05/09/89 House Read third time and returned to Senate with
amendments HJ-10
05/12/89 Senate Concurred in House amendment and enrolled SJ-3
05/16/89 Ratified R 146
05/22/89 Signed By Governor
05/22/89 Effective date 05/22/89
05/22/89 Act No. 91
05/25/89 Copies available
(A91, R146, S245)
AN ACT TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE
AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A
HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE
REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION
BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL
ASSEMBLY IF A RESOLUTION TO APPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD OR
IF A RESOLUTION TO DISAPPROVE A REGULATION HAS NOT BEEN INTRODUCED BY A STANDING
COMMITTEE TO WHICH IT WAS REFERRED, TO TOLL THE RUNNING OF THE
ONE-HUNDRED-TWENTY-DAY PERIOD UPON THE INTRODUCTION OF A RESOLUTION TO
DISAPPROVE, TO PROVIDE THAT EMERGENCY REGULATIONS MAY NOT BE INTRODUCED AFTER A
RESOLUTION TO DISAPPROVE, TO PROVIDE FOR THE ONE-HUNDRED-TWENTY-DAY PERIOD TO
RECOMMENCE AFTER A NEGATIVE VOTE ON A RESOLUTION TO DISAPPROVE; AND TO PROVIDE
THAT IF LESS THAN NINETY DAYS REMAIN AFTER THE PERIOD BEGINS TO RUN AGAIN,
ADDITIONAL DAYS MUST BE ADDED TO EQUAL NINETY DAYS.
Be it enacted by the General Assembly of the State of South Carolina:
Notice of drafting period on regulations
SECTION 1. Section 1-23-110(b) of the 1976 Code, as last amended by Act 605 of
1988, is further amended to read:
"(b) Before the promulgation, amendment, or repeal of a regulation, an
agency shall:
(1) give notice of a drafting period by publication of a notice in the State
Register. The notice shall include the time when, the place where, and the
manner in which interested persons may present their views during the initial
drafting procedures before the regulations are submitted as proposed;
(2) give at least thirty days' notice of intended action and opportunity of
oral hearing by publication of a notice in the State Register. The notice must
include either the text or a synopsis of the proposed regulation, the statutory
authority for its promulgation, the time when, the place where, and the manner
in which interested persons may present their views on it and a preliminary
fiscal impact statement prepared by the agency reflecting estimates of costs
incurred by the State and its political subdivisions in complying with the
proposed regulation. This requirement of a preliminary fiscal impact statement
does not apply to those regulations which are not subject to General Assembly
review under the provisions of Section 1-23-120. The notice must be mailed to
all persons who have made timely requests of the agency for advance notice of
proposed promulgation of regulations.
(3) afford all interested persons reasonable opportunity to submit data,
views, or arguments, orally or in writing. Opportunity for oral hearing, which
may not be held sooner than thirty days from the date of publication of the
notice in the State Register, must be granted if requested by twenty-five
persons, by a governmental subdivision or agency, or by an association having not
less than twenty-five members. The agency shall consider fully all written and
oral submissions respecting the proposed regulation."
Review by General Assembly of regulations
SECTION 2. Section 1-23-120 of the 1976 Code, as last amended by Act 605 of
1988, is further amended to read:
"Section 1-23-120. All regulations except those specifically exempted
under this article must be submitted to the General Assembly for review in
accordance with the provisions of the 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(b). To initiate
the process of review, the agency shall file with the President of the Senate and
the Speaker of the House of Representatives a copy of any regulations promulgated
along with a request for review and a copy of the preliminary fiscal impact
statement prepared by the agency as required in Section 1-23-110(b)(2). 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 have one hundred twenty days from the date regulations
are submitted to the General Assembly to consider regulations so referred and
determine their actions on the regulations. 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 by the appropriate committee, the
regulation must be placed on the agenda of the full committee beginning with the
next scheduled full committee meeting. Only those calendar days occurring during
sessions of the General Assembly are included in computing the days elapsed. If
a resolution to approve a regulation is not enacted within one hundred twenty
days after submission to the General Assembly or if a 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 resolution by the committee of either House does not prevent
the introduction of a resolution by the committee of the other House to either
approve or disapprove the regulations concerned.
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. |