H*2591 Session 107 (1987-1988)
H*2591(Rat #0702, Act #0605 of 1988) General Bill, By Davenport
A Bill to amend Sections 1-23-110, 1-23-120 and 1-23-125, Code of Laws of
South Carolina, 1976, relating to the Administrative Procedures Act, so as to
require a preliminary impact statement when a regulation is proposed, to limit
the time for submitting a regulation after publishing the drafting notice to
one year or less, to provide that the introduction of the first Joint
Resolution disapproving a regulation tolls the running of the
one-hundred-twenty-day period after which automatic approval occurs, to
require the subcommittee to take action on a regulation within sixty days or
it must be considered by the full committee at its next meeting, and to
provide that a regulation withdrawn must be resubmitted within thirty days or
it is permanently withdrawn, to provide for copies of regulations and
amendments to be given to members of the standing committees to which they are
assigned and to require a twenty-day period after amendment and receipt of the
amendment for consideration before the regulation takes effect.-amended title
03/03/87 House Introduced and read first time HJ-807
03/03/87 House Referred to Committee on Judiciary HJ-807
01/12/88 House Committee report: Favorable Judiciary HJ-218
01/14/88 House Read second time HJ-412
01/19/88 House Read third time and sent to Senate HJ-371
01/20/88 Senate Introduced and read first time SJ-10
01/20/88 Senate Referred to Committee on Judiciary SJ-10
03/16/88 Senate Committee report: Favorable with amendment
Judiciary SJ-8
03/17/88 Senate Amended SJ-36
03/17/88 Senate Read second time SJ-36
03/17/88 Senate Ordered to third reading with notice of
amendments SJ-42
03/22/88 Senate Read third time SJ-30
03/22/88 Senate Returned SJ-30
04/13/88 House Debate adjourned on Senate amendments until
4/21/88 HJ-2725
04/21/88 House Senate amendment amended HJ-3157
04/21/88 House Returned HJ-3158
04/27/88 Senate Non-concurrence in House amendment SJ-10
04/27/88 House House insists upon amendment and conference
committee appointed Reps. Davenport, Hayes &
Aydlette HJ-3313
05/03/88 Senate Conference committee appointed Sens. McConnell,
Tom Smith and Pope SJ-16
05/19/88 House Free conference powers granted HJ-3901
05/19/88 House Free conference committee appointed Davenport,
Hayes & Aydlette HJ-3902
05/19/88 House Free conference report received HJ-3903
05/19/88 House Free conference report adopted HJ-3904
05/24/88 Senate Free conference powers granted SJ-15
05/24/88 Senate Free conference committee appointed Sens.
McConnell, Tom Smith and Pope SJ-16
05/24/88 Senate Free conference report received SJ-17
05/24/88 Senate Free conference report adopted SJ-17
05/24/88 Senate Ordered enrolled for ratification SJ-17
05/31/88 Ratified R 702
06/02/88 Signed By Governor
06/02/88 Effective date 06/02/88
06/02/88 Act No. 605
06/21/88 Copies available
(A605, R702, H2591)
AN ACT TO AMEND SECTIONS 1-23-110, 1-23-120, AND 1-23-125, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO
REQUIRE A PRELIMINARY IMPACT STATEMENT WHEN A REGULATION IS PROPOSED, TO LIMIT
THE TIME FOR SUBMITTING A REGULATION AFTER PUBLISHING THE DRAFTING NOTICE TO ONE
YEAR OR LESS, TO PROVIDE THAT THE INTRODUCTION OF THE FIRST JOINT RESOLUTION
DISAPPROVING A REGULATION TOLLS THE RUNNING OF THE ONE-HUNDRED-TWENTY-DAY PERIOD
AFTER WHICH AUTOMATIC APPROVAL OCCURS, TO REQUIRE THE SUBCOMMITTEE TO TAKE ACTION
ON A REGULATION WITHIN SIXTY DAYS OR IT MUST BE CONSIDERED BY THE FULL COMMITTEE
AT ITS NEXT MEETING, AND TO PROVIDE THAT A REGULATION WITHDRAWN MUST BE
RESUBMITTED WITHIN THIRTY DAYS OR IT IS PERMANENTLY WITHDRAWN, TO PROVIDE FOR
COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING
COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER
AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION
TAKES EFFECT.
Be it enacted by the General Assembly of the State of South Carolina:
Notice of a drafting period for regulations
SECTION 1. Section 1-23-110(b) of the 1976 Code is amended to read:
"(b) Prior to the promulgation, amendment, or repeal of any regulations,
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 by publication of
a notice in the State Register. The notice shall 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; provided,
however, this requirement of a preliminary fiscal impact statement shall 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 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 fully consider all written and oral submissions respecting the
proposed regulation."
Legislative review of regulations
SECTION 2. Section 1-23-120 of the 1976 Code is 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; provided, however, only those calendar
days occurring during sessions of the General Assembly shall be included in
computing the days elapsed. If no action is taken by either the Senate or House
of Representatives' committee to introduce a resolution to approve or disapprove
the regulations within one hundred twenty days after submission to the General
Assembly, the regulations are effective upon publication in the State Register.
Upon (1) introduction of the first joint resolution disapproving a regulation by
a standing committee to which the regulation was referred for review, or (2) a
negative vote by either the Senate or House of Representatives on a resolution
approving the regulations and the notification in writing of such 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
one-hundred-twenty-day period for automatic approval is tolled, and the remainder
of the period begins to run upon the next convening of the General Assembly
excluding special sessions as called by the Governor, if a resolution is not
enacted approving or disapproving the regulation. If the remainder of the period
is less than sixty days, additional days must be added to the remainder to equal
sixty 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.
Any member may introduce a joint resolution approving or disapproving a
regulation or group of regulations thirty days following the date the regulations
concerned are submitted to a standing committee for review and no committee
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.
General Assembly review is not required for regulations promulgated to maintain
compliance with federal law including, but not limited to, grant programs.
Review also is not required for regulations promulgated 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. Review
is not required for regulations promulgated by the South Carolina Tax Commission
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. All regulations submitted to the General Assembly
for approval must have attached to them a brief synopsis or analysis of the
regulations submitted explaining the content and any changes in existing
regulations resulting from the regulations. The synopsis or analysis must
include citations of federal law, if any, mandating changes in the regulations.
The one-hundred-twenty-day period of review provided for in this section does not
begin to run until the synopsis or analysis is attached to regulations
submitted."
Withdrawal of regulations
SECTION 3. Section 1-23-125 of the 1976 Code is amended to read:
"Section 1-23-125. The legislative committee to which a regulation is
submitted is not authorized to amend a particular regulation and then introduce
a joint resolution approving the regulation as amended; however, this provision
does not prevent the introduction of a resolution disapproving one or more of a
group of regulations submitted to the committee and approving others submitted
at the same time or deleting a clearly separable portion of a single regulation
and approving the balance of the regulation in the committee resolution.
If a majority of a committee determines that it cannot approve a regulation in
the form submitted it shall notify the promulgating agency in writing along with
its recommendations as to changes that would be necessary to obtain committee
approval. The agency may:
(a) withdraw the regulation from the General Assembly and resubmit it with the
recommended changes to the Speaker and the Lieutenant Governor, but any
regulation not resubmitted within thirty days is considered permanently
withdrawn;
(b) withdraw the regulation permanently;
(c) take no action and abide by whatever action is taken or not taken by the
General Assembly on the regulation concerned.
The notification tolls the one-hundred-twenty-day period for automatic
approval, and when an agency withdraws regulations from the General Assembly
prior to the time a committee resolution to approve or disapprove the regulation
has been introduced, the remainder of the period begins to run only on the date
the regulations are resubmitted to the General Assembly. Upon resubmission of
the regulations, additional days must be added to the days remaining in the
review period for automatic approval, if less than twenty days, to equal twenty
days and a copy of the amended regulation must be given to each member of the
committee. If an agency decides to take no action pursuant to item (c), it
shall notify the committee in writing and the remainder of the period begins to
run only upon this notification.
The provisions of this section, as they apply to approval, disapproval, or
modification of regulations, do not apply to joint resolutions introduced by
other than the committees to which regulations are initially referred by the
Lieutenant Governor or the Speaker of the House of Representatives.
When any regulation, when finally promulgated, includes a substantive change
in the content of the regulation as proposed and published in the State Register,
and the substantive change was not raised, considered, or discussed by public
comment required in Section 1-23-110, the regulation must be refiled by the
agency with the Legislative Council and published as revised in the State
Register and processed as a new regulation in accordance with the provisions of
this article."
Time effective with respect to notices
SECTION 4. This act is effective with respect to notices of proposed regulations
published in the State Register after June 30, 1988. |