Current Status Introducing Body:House Bill Number:3377 Primary Sponsor:Townsend Committee Number:25 Type of Legislation:GB Subject:Administrative procedures Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/15081SD.93 Introduced Date:19930203 Last History Body:House Last History Date:19930203 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Townsend Tucker Stone Hallman G. Bailey Cooper Stille Sharpe Witherspoon Mattos Chamblee Littlejohn Koon Farr A. Young Walker Cato Kennedy H. Brown Williams Phillips Vaughn Davenport Kelley Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3377 House 19930203 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-165 SO AS TO PROVIDE THAT NO STATE AGENCY OR DEPARTMENT MAY PROMULGATE REGULATIONS IF ITS GOVERNING BODY IS NOT ELECTED, APPOINTED, OR CONFIRMED BY ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT THESE STATE AGENCIES OR DEPARTMENTS RATHER THAN PROMULGATING A REGULATION SHALL RECOMMEND TO THE APPROPRIATE STANDING COMMITTEES OF THE GENERAL ASSEMBLY HAVING JURISDICTION OF THE AGENCY OR DEPARTMENT THE NEEDED CHANGE IN STATE LAW TO ACCOMPLISH THE PURPOSE OF THE REGULATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 1-23-165. Notwithstanding any other provision of law, no state agency or department after the effective date of this section may promulgate regulations if its governing body, board, or commission is not elected by the General Assembly, appointed by the General Assembly, or confirmed by advice and consent of the General Assembly. The state agencies or departments to which this section applies rather than promulgating a regulation shall recommend to the appropriate standing committees of the General Assembly having jurisdiction of the agency or department the needed change in state law to accomplish the purpose of the regulation.
All regulations promulgated by these agencies or departments before the effective date of this section shall continue in full force and effect."
SECTION 2. This act takes effect upon approval by the Governor.