Current Status Introducing Body:House Bill Number:5127 Primary Sponsor:Davenport Committee Number:25 Type of Legislation:GB Subject:Administrative procedures Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/16035AC.94 Introduced Date:19940414 Last History Body:House Last History Date:19940414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Davenport Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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5127 House 19940414 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 1-23-170 SO AS TO AUTHORIZE A PERSON, COMMUNITY, MUNICIPALITY, OR COUNTY THAT IS NEGATIVELY IMPACTED ECONOMICALLY AS A RESULT OF A REGULATION MAY BRING AN ACTION BEFORE AN ADMINISTRATIVE LAW JUDGE SEEKING DECLARATORY AND INJUNCTIVE RELIEF.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 1-23-170. A person, community, municipality, or county that is substantially negatively impacted economically as the result of the enforcement of a regulation may bring an action before an administrative law judge against the agency which promulgated the regulation seeking relief including a declaratory judgment of the need and reasonableness of the regulation, as provided for pursuant to Section 1-23-111, and an injunction prohibiting the enforcement of the regulation. Appeals from decisions of an administrative law judge under this section must be taken to the circuit court."
SECTION 2. This act takes effect upon approval by the Governor.