Current Status Bill Number:464 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950208 Primary Sponsor:Reese All Sponsors:Reese Drafted Document Number:BR1\18134AC.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Regulations, administrative procedures
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950208 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO INCREASE FROM ONE HUNDRED TWENTY DAYS TO ONE HUNDRED EIGHTY DAYS THE TIME WITHIN WHICH A REGULATION MAY BECOME EFFECTIVE WITHOUT ACTION BY THE GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-120(C), (D), (E), and (F) of the 1976 Code, as last amended by Act 507 of 1992, are further amended to read:
"(C) 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 to which regulations are referred have one hundred twenty eighty days from the date regulations are submitted to the General Assembly to consider and take action on these regulations. However, 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, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting.
(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty eighty days after the regulation is submitted to the General Assembly or if a joint 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 eighty-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 joint resolution by the committee of either house does not prevent the introduction of a joint resolution by the committee of the other house to either approve or disapprove the regulations concerned. A joint resolution approving or disapproving a regulation must include:
(1) the synopsis of the regulation as required by subsection (B);
(2) the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B), the statement or explanation that an assessment report is not required or is exempt.
(E) The one-hundred-twenty eighty-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.
(F) Any member may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are submitted to a standing committee for review and no committee joint 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 eighty-day period of automatic approval."
SECTION 2. This act takes effect July 1, 1995, and applies to regulations submitted to the General Assembly for review after June 30, 1995.