South Carolina General Assembly
124th Session, 2021-2022

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H. 5001

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Forrest, Haddon, Hiott, Caskey, Crawford, Kirby, Long, Wetmore, Burns, Chumley, Nutt, May, Gilliam, Magnuson, M.M. Smith, Ott, Taylor, Dabney, Ligon, Calhoon, Wooten, Hardee, Rutherford, W. Newton, Huggins, McCabe, Ballentine, Herbkersman, Hixon, Lucas, D.C. Moss, V.S. Moss, Simrill, Thayer, West and White
Document Path: l:\council\bills\nbd\11334dg22.docx

Introduced in the House on February 22, 2022
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs

Summary: State agency fees

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   2/22/2022  House   Introduced and read first time (House Journal-page 6)
   2/22/2022  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs (House Journal-page 6)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/22/2022

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A JOINT RESOLUTION

TO PROVIDE THAT NO STATE AGENCY, DEPARTMENT, OR ENTITY BY REGULATION OR OTHERWISE MAY ADMINISTRATIVELY INCREASE OR IMPLEMENT A FEE FOR PERFORMING A SERVICE OR FUNCTION, OR A CIVIL PENALTY OR FINE FOR FAILURE TO COMPLY WITH A REQUIREMENT OR PROVISION OF LAW UNDER ITS JURISDICTION WITHOUT THE SPECIFIC APPROVAL OF THE INCREASED OR NEW FEE, FINE, OR PENALTY BY THE GENERAL ASSEMBLY BY CONCURRENT RESOLUTION ON A RECORDED ROLL CALL VOTE; TO PROVIDE THAT GENERAL APPROVAL BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION OF A REGULATION OF A STATE AGENCY OR DEPARTMENT UNDER THE ADMINISTRATIVE PROCEDURES ACT WHEREIN A FEE, FINE, OR PENALTY INCREASE OR IMPOSITION IS CONTAINED DOES NOT CONSTITUTE APPROVAL UNDER THE REQUIREMENTS OF THIS SECTION, AND IF AN INCREASE OR IMPLEMENTATION IS CONTAINED IN THAT JOINT RESOLUTION, THE INCREASE OR IMPLEMENTATION IS NULL AND VOID; TO PROVIDE CERTAIN EXCEPTIONS; AND TO PROVIDE FOR THE DURATION OF THIS PROVISION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    (A)    Notwithstanding any other provision of law, beginning on the effective date of this section, no state agency, department, or entity by regulation may administratively increase or implement a fee for performing a service or function, or a civil penalty or fine for failure to comply with a requirement or provision of law under its jurisdiction without the specific approval of the increased or new fee, fine, or penalty by the General Assembly by joint resolution on a recorded roll call vote. General approval by the General Assembly by joint resolution of a regulation of a state agency or department under the Administrative Procedures Act wherein a fee, fine, or penalty increase or imposition is contained does not constitute approval under the requirements of this section, and if an increase or implementation is contained in that joint resolution, the increase or implementation is null and void.

    (B)    The provisions of this section do not apply to:

        (1)    any regulation pending approval by the General Assembly which contain fees, fines, or both that have been previously authorized by statute;

        (2)    any fees or charges made by public institutions of higher learning as defined in Section 59-103-5;

        (3)    charges, fees, or fines related to marine terminal operations, facilities, and services, or to charges, fees, or fines which are governed by marine terminal operator tariffs or contracts;

        (4)    the South Carolina Public Service Authority;

        (5)    federally mandated programs that require federally mandated fee, fine, or penalty schedules;

        (6)    the Department of Parks, Recreation and Tourism; and

        (7)    any fees set pursuant to the Atlantic Interstate Low-Level Radioactive Waste Compact Implementation Act.

    (C)    The provisions of this section expire on July 1, 2023, unless reauthorized by the General Assembly by law.

SECTION    2.    This joint resolution takes effect upon approval by the Governor and only applies prospectively.

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This web page was last updated on February 23, 2022 at 9:26 AM