Current Status Bill Number:3164 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Townsend All Sponsors:Townsend, Meacham and Robinson Drafted Document Number:gjk\23172ac.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Administrative procedures, regulations, promulgation of, agencies
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970114 Introduced, read first time, 25 HJ
referred to Committee
House 19970108 Prefiled, referred to Committee 25 HJ
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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, DEPARTMENT, OR SUBJECT MATTER THE NEEDED CHANGE IN STATE LAW TO ACCOMPLISH THE INTENDED PURPOSE.
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. (A) Notwithstanding any other provision of law, no state agency or department 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, department, or subject matter the needed change in state law to accomplish the intended purpose.
(B) Notwithstanding subsection (A) all regulations promulgated before July 1, 1997, by agencies or departments precluded from promulgating regulations pursuant to subsection (A) shall continue in full force and effect after June 30, 1997."
SECTION 2. This act takes effect July 1, 1997.