S*0084(Rat #0251, Act #0178 of 1987)  General Bill, By McConnell and 
C.T. Hinson

Similar(H 2135)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 8-21-15 so as to provide that no state agency, department, board, committee,
 commission, or authority initially may set a fee for performing any duty,
 responsibility, or function unless the fee is authorized by statutory law and
 set by regulation, to provide exceptions, and to define statutory law.-amended
 title

   10/06/86  Senate Prefiled
   10/06/86  Senate Referred to Committee on Judiciary
   01/13/87  Senate Introduced and read first time SJ-67
   01/13/87  Senate Referred to Committee on Judiciary SJ-68
   03/04/87  Senate Committee report: Favorable with amendment
                     Judiciary SJ-759
   03/05/87  Senate Special order SJ-807
   03/12/87  Senate Amended SJ-911
   03/12/87  Senate Read second time SJ-913
   03/12/87  Senate Ordered to third reading with notice of
                     amendments SJ-913
   04/07/87  Senate Amended SJ-1190
   04/07/87  Senate Read third time and sent to House SJ-1191
   04/08/87  House  Introduced and read first time HJ-1669
   04/08/87  House  Referred to Committee on Judiciary HJ-1670
   04/15/87  House  Recalled from Committee on Judiciary HJ-1898
   04/15/87  House  Committed to Committee on Ways and Means HJ-1898
   05/07/87  House  Committee report: Favorable with amendment Ways
                     and Means HJ-2543
   05/14/87  House  Objection by Rep. Lewis HJ-1812
   05/14/87  House  Debate adjourned until Tuesday, May 19, 1987 HJ-1812
   05/19/87  House  Debate adjourned until Wednesday, May 20, 1987 HJ-290
   05/20/87  House  Debate adjourned until Thursday, May 21, 1987 HJ-2990
   05/21/87  House  Amended HJ-3075
   05/21/87  House  Objection by Rep. Evatt, Kirsh & Huff HJ-3077
   05/21/87  House  Objection withdrawn by Rep. Huff, Lewis & Kirsh HJ-3096
   05/21/87  House  Read second time HJ-3097
   05/26/87  House   Read third time HJ-3145
   05/26/87  House  Returned HJ-3145
   05/29/87  Senate Non-concurrence in House amendment
   05/29/87  Senate Reconsidered
   06/02/87  Senate House amendment amended SJ-2511
   06/02/87  Senate Returned SJ-2511
   06/02/87  House  Non-concurrence in Senate amendment HJ-3444
   06/03/87  Senate Senate insists upon amendment and conference
                     committee appointed Sens. J.V. Smith, McConnell,
                     Leventis SJ-2729
   06/03/87  House  Conference committee appointed Carnell, Lockemy &
                     Washington HJ-3678
   06/04/87  Senate Conference report received SJ-2796
   06/04/87  Senate Conference report adopted SJ-2796
   06/04/87  House  Conference report received HJ-3732
   06/04/87  House  Conference report adopted HJ-3748
   06/04/87  House  Ordered enrolled for ratification HJ-3748
   06/25/87         Ratified R 251
   06/30/87         Signed By Governor
   07/09/87         Effective date 06/30/87
   07/09/87         Act No. 178
   07/13/87         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY, DEPARTMENT, BOARD, COMMITTEE, COMMISSION, OR AUTHORITY INITIALLY MAY SET A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED BY STATUTORY LAW AND SET BY REGULATION, TO PROVIDE EXCEPTIONS, AND TO DEFINE STATUTORY LAW.

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

Fees

SECTION 1. Chapter 21 of Title 8 of the 1976 Code is amended by adding:

"Section 8-21-15. (A) No state agency, department, board, committee, commission, or authority initially may set a fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this section.

(B) This section does not apply to:

(1) state-supported governmental health care facilities;

(2) state-supported schools, colleges, and universities;

(3) educational, entertainment, recreational,

cultural, and training programs;

(4) the State Board of Financial Institutions;

(5) sales by state agencies of goods or tangible products produced for or by these agencies;

(6) charges by state agencies for room and board provided on state-owned property;

(7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;

(8) court fees or fines levied in a judicial or adjudicatory proceeding.

(C) This section does not prohibit a state agency, department, board, committee, or commission from charging fees for services provided to other state agencies, departments, boards, committees, commissions, or political subdivisions regardless of whether the fee is set by statute.

(D) Statutory law for purposes of this section does not include regulations promulgated pursuant to the State Administrative Procedures Act."

Time effective

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