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S. 411
STATUS INFORMATION
General Bill
Sponsors: Senator McConnell
Document Path: l:\s-jud\bills\mcconnell\jud0045.gfm.doc
Introduced in the Senate on February 25, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Administrative Procedures Act; approval, disapproval or modification provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/25/2003 Senate Introduced and read first time SJ-12 2/25/2003 Senate Referred to Committee on Judiciary SJ-12
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO REQUIRE AGENCY WITHDRAWAL OF REGULATIONS AFTER THE STANDING COMMITTEE TO WHICH THE REGULATIONS WERE REFERRED BY MAJORITY VOTE, REQUESTS THAT THE REGULATIONS BE WITHDRAWN; AND TO REPEAL SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-120 of the 1976 Code, as amended by Act 231 of 2002, is further amended to read:
"Section 1-23-120. (A) All regulations except those specifically exempted under this section subsection (I) must be submitted to the General Assembly for review in accordance with this article, but; however, no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110. A regulation submitted to the General Assembly for review may not be withdrawn or modified by the agency for any reason except upon written notification by a committee that the committee by majority vote cannot approve the regulation in the form submitted, as provided for in Section 1-23-125.
(B) To initiate the process of review, the agency shall must file with the President of the Senate and the Speaker of the House of Representatives:
(1) a copy of the regulations promulgated;
(2) a request for review;
(3) a brief synopsis of the regulations submitted, explaining which explains the content and any changes in existing regulations resulting from the submitted regulations;
(4) a copy of the final assessment report and the summary of the final report prepared by the division pursuant to Section 1-23-115. A regulation that does not require an assessment report because it the regulation does not have a substantial economic impact must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption;
(5) a copy of the fiscal impact statement prepared by the agency as required in by Section 1-23-110.; and
(6) a detailed statement of rationale which shall state states the basis for the regulation, including the scientific or technical basis, if any, and shall identify identifies any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the regulation.
The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker.
(C) Upon receipt of the request for review, the President and Speaker reviewing the request shall must submit it the regulation 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 the regulation must be given to each member of the committee.
(D)(1) A standing committee to which a regulation has been referred is authorized, upon majority vote, to:
(a) require an agency, upon written notification to the agency, to withdraw the regulation, and upon the withdrawal, the regulation is considered permanently withdrawn; or
(b) notify an agency in writing that the committee cannot approve the regulation in the form submitted, and provide written recommendations as to changes that would be necessary to obtain committee approval, in which case the agency may: (i) withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the Lieutenant Governor; however, any regulation not resubmitted within thirty days is considered permanently withdrawn; or (ii) take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.
An agency must not withdraw or modify a regulation under legislative review for any reason other than those provided in this subsection.
(2) The standing committee is not authorized to amend a particular regulation and introduce a joint resolution approving the regulation as amended; however, this provision does not prohibit the introduction of a resolution disapproving one or more of a group of regulations submitted to the committee and approving others submitted at the same time, or deleting a clearly separable portion of a single regulation and approving the balance of the regulation in the committee resolution.
(E) The committees standing committee to which regulations are a regulation is referred have has one hundred twenty days from the date the regulations are submitted of submission to the General Assembly to consider and take action on these the regulations regulation. However, if a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of its receipt of the regulation, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting. For purposes of this section, only those days occurring during the period beginning on the second Tuesday in January and ending on the first Thursday in June are included in computing the days elapsed.
(D)(F) 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 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 a joint resolution disapproving a regulation by a the 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 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 one house does not prevent prohibit 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)(3); and
(2) the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B)(4), the statement or explanation that an assessment report is not required or is exempt.
(E)(G) The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Notification by the standing committee to an agency pursuant to subsection (D)(1)(b) 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 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 subsection (D)(1)(b), the agency must notify the committee in writing and the remainder of the period begins to run only upon this notification. Sine die adjournment recess of the General Assembly also 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 on the second Tuesday in January.
(F)(H) 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 if (1) no committee joint resolution approving or disapproving the regulations has been introduced and (2) the regulations concerned have not been withdrawn by the promulgating agency pursuant to subsection (D(1) Section 1-23-125, but; however, the introduction of a joint resolution by the member does not toll the one-hundred-twenty-day period of automatic approval.
(G)(I) General Assembly review is not required for regulations promulgated:
(1) to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B)(3) must include citations to federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption;
(2) by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110;
(3) by the South Carolina Department of Revenue to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code as defined in Section 12-6-40; or
(4) as emergency regulations under Section 1-23-130; however, a regulation shall 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.
(H)(J) For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed. 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.
(I)(K) Each state agency which promulgates regulations or to which the responsibility for administering regulations has been transferred shall must by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G)(I) are not subject to this review. Upon completion of the review, the agency shall must submit to the Code Commissioner a report which identifies those regulations:
(1) for which the agency intends to begin the process of repeal in accordance with this article;
(2) for which the agency intends to begin the process of amendment in accordance with this article; and
(3) which do not require repeal or amendment.
Nothing in this subsection may shall be construed to prevent prohibit an agency from repealing or amending a regulation in accordance with this article before or after it is so identified in the report to the Code Commissioner."
SECTION 2. Section 1-23-125 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor and applies to the promulgation of regulations initiated on and after the effective date.
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