Current Status Bill Number:3812 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970402 Primary Sponsor:Knotts All Sponsors:Knotts, Altman, Littlejohn, J. Hines, Allison, Simrill, Mason, Koon, Bauer, Meacham, Hinson, Law, Mullen, Trotter, Davenport, Cooper, McMahand, Lloyd, Wilkins, Riser, Rhoad, Townsend, Barrett, Rodgers, Cromer, Battle, Felder, Fleming, Lanford, Gamble and Jordan Drafted Document Number:pt\1106ac.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Regulations, review of by General Assembly based on legislative days; Agencies, Administrative procedures
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970402 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
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 PROVIDE THAT THE TIME WITHIN WHICH THE GENERAL ASSEMBLY HAS TO REVIEW REGULATIONS AND TAKE ACTION IS BASED ON LEGISLATIVE DAYS RATHER THAN CALENDAR DAYS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-120(C), (D), (E), (F), and (H) of the 1976 Code, as last amended by Act 507 of 1992, is 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 legislative 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 legislative 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 legislative 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-day one-hundred-twenty-legislative-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 legislative days, additional days must be added to the remainder to equal ninety legislative 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-day one-hundred-twenty-legislative-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 legislative 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-day one-hundred-twenty-legislative-day period of automatic approval.
(H) For purposes of this section, only those calendar regular legislative days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed."
SECTION 2. This act takes effect upon approval by the Governor and applies to regulations submitted to the General Assembly for review pursuant to Section 1-23-120 of the 1976 Code on or after this act's effective date.