Current Status Bill Number:3854 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970409 Primary Sponsor:Davenport All Sponsors:Davenport, Loftis, Lanford, Lee, Tripp, Kelley, Littlejohn, Keegan and Whatley Drafted Document Number:jic\6074ac.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Regulations, review of by General Assembly; authorized to amend; Agencies, Administrative procedures
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970409 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO AMEND REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-120(D) and (F) of the 1976 Code, as last amended by Act 507 of 1992, is further amended to read:
"(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to amend or 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 amending or disapproving a regulation by a standing committee to which the regulation was referred for review, the one hundred twenty-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 amend or 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 amending or 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, amend, or disapprove the regulations concerned. A joint resolution approving, amending, 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.
(F) Any member may introduce a joint resolution approving, amending, 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, amending, 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 period of automatic approval."
SECTION 2. Section 1-23-125 of the 1976 Code, as last amended by Act 411 of 1996, is further amended to read:
"Section 1-23-125. (A) The legislative committee to which a regulation is submitted is not authorized to may amend a particular regulation and then introduce a joint resolution approving the regulation as amended; however, this provision does not prevent the introduction of a resolution disapproving one or more of a group of regulations submitted to the committee and approving or amending others submitted at the same time or deleting a clearly separable portion of a single regulation and approving or amending the balance of the regulation in the committee resolution. An agency may not withdraw from or modify a regulation under legislative review unless the agency receives written notification, as provided for in this section, from a committee that the committee by majority vote cannot approve the regulation in the form submitted.
(B) If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:
(1) withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the Lieutenant Governor, but any regulation not resubmitted within thirty days is considered permanently withdrawn;
(2) withdraw the regulation permanently;
(3) take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.
(C) The notification tolls the one hundred twenty-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve, amend, or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty days, to equal twenty days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item (3), it shall notify the committee in writing and the remainder of the period begins to run only upon this notification.
(D) This section, as it applies to approval, amendment, disapproval, or modification of regulations, does not apply to joint resolutions introduced by other than the committees to which regulations are initially referred by the Lieutenant Governor or the Speaker of the House of Representatives.
(E) If a regulation, when finally promulgated, includes a substantive change in the content of the regulation as proposed and published in the State Register, and the substantive change was not raised, considered, or discussed by public comment required in Section 1-23-110, the regulation must be refiled by the agency with the Legislative Council and published as revised in the State Register and processed as a new regulation in accordance with this article."
SECTION 3. This act takes effect upon approval by the Governor.