H 3565 Session 110 (1993-1994)
H 3565 General Bill, By Cato, Alexander, Allison, Anderson, Bailey, J.J. Bailey,
B.O. Baker, D.W. Beatty, G. Brown, H. Brown, C.D. Chamblee, H.H. Clyborne,
Cooper, R.S. Corning, J.L.M. Cromer, Davenport, L.L. Elliott, Fair, T.L. Farr,
J.G. Felder, R.C. Fulmer, Gamble, S.E. Gonzales, L.O. Graham, H.M. Hallman,
Harrell, J.P. Harrelson, J.L. Harris, Harrison, Haskins, J. Hines, W.S. Houck,
H.G. Hutson, M.F. Jaskwhich, Keegan, Kelley, Koon, Lanford, Littlejohn,
C.V. Marchbanks, L.M. Martin, J.G. Mattos, McCraw, M. McLeod, McMahand, Meacham,
J.H. Neal, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Sharpe,
J.S. Shissias, Simrill, R. Smith, D. Smith, Spearman, Stille, E.C. Stoddard,
C.H. Stone, P.H. Thomas, Townsend, Trotter, Vaughn, Walker, C.C. Wells,
L.S. Whipper, Wilder, J.B. Wilder, Wilkins, Witherspoon, S.S. Wofford,
H.G. Worley, D.A. Wright, Young-Brickell and R.M. Young
A Bill to amend Sections 1-23-120 and 1-23-125, both as amended, Code of Laws
of South Carolina, 1976, relating to General Assembly review of regulations
and requests to withdraw regulations, so as to require affirmative approval
regulations rather than allowing them to become effective after one hundred
twenty days and to delete references to the one-hundred-twenty-day period.
02/24/93 House Introduced and read first time HJ-9
02/24/93 House Referred to Committee on Judiciary HJ-10
A BILL
TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO GENERAL ASSEMBLY REVIEW OF
REGULATIONS AND REQUESTS TO WITHDRAW
REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL
OF REGULATIONS RATHER THAN ALLOWING THEM TO
BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS
AND TO DELETE REFERENCES TO THE
ONE-HUNDRED-TWENTY-DAY PERIOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-120 of the 1976 Code, as last amended by
Act 507 of 1992, is further amended to read:
"Section 1-23-120. (A) All regulations except those
specifically exempted under this section must be submitted to the
General Assembly for review in accordance with this article, but 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.
(B) To initiate the process of review, the agency shall 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 the
content and any changes in existing regulations resulting from the
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 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 Section 1-23-110.
(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 days from the
date regulations are submitted to the General Assembly to consider and
take action on these regulations. However, if If a
regulation is referred to a committee and no action occurs in that
committee on the regulation within sixty calendar 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 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 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. A regulation requiring General Assembly
review is valid against a person as provided for in Sections 1-23-40 and
1-23-60 only after a joint resolution to approve the regulation is enacted
by the General Assembly. 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 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. 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.
(F) 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 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 period of
automatic approval.
(G) 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) 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 Tax Commission 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 of 1954 1986;
(4) as emergency regulations under Section 1-23-130.
(H) 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 joint
resolution to approve or disapprove a regulation has not been enacted by
sine die adjournment of the second year in the two-year session of the
General Assembly, the regulation is deemed permanently
withdrawn."
SECTION 2. Section 1-23-125 of the 1976 Code, as last amended by
Act 605 of 1988, is further amended to read:
"Section 1-23-125. (A) The legislative committee
to which a regulation is submitted is not authorized to 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 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.
(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:
(a) (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;
(b) (2) withdraw the regulation permanently;
(c) (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 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 (c) subsection (B)(3), it shall
notify the committee in writing and the remainder of the period
begins to run only upon this notification. The provisions of this section,
as they apply to approval, disapproval, or modification of regulations,
do 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.
(D) When any 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 the
provisions of this article."
SECTION 3. The amendments to Sections 1-23-120 and 1-23-125, as
contained in Sections 1 and 2 of this act, apply to those regulations for
which a notice of drafting pursuant to Section 1-23-110 is filed on or
subsequent to this act's effective date.
SECTION 4. This act takes effect upon approval by the Governor.
-----XX----- |