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Bill Number: 84 Ratification Number: 251 Act Number 178 Introducing Body: Senate Subject: Fees authorized by statutory law and set by regulation
(A178, R251, S84)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-15 SO AS TO PROVIDE THAT NO STATE AGENCY, DEPARTMENT, BOARD, COMMITTEE, COMMISSION, OR AUTHORITY INITIALLY MAY SET A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS THE FEE IS AUTHORIZED BY STATUTORY LAW AND SET BY REGULATION, TO PROVIDE EXCEPTIONS, AND TO DEFINE STATUTORY LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 21 of Title 8 of the 1976 Code is amended by adding:
"Section 8-21-15. (A) No state agency, department, board, committee, commission, or authority initially may set a fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this section.
(B) This section does not apply to:
(1) state-supported governmental health care facilities;
(2) state-supported schools, colleges, and universities;
(3) educational, entertainment, recreational,
cultural, and training programs;
(4) the State Board of Financial Institutions;
(5) sales by state agencies of goods or tangible products produced for or by these agencies;
(6) charges by state agencies for room and board provided on state-owned property;
(7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
(8) court fees or fines levied in a judicial or adjudicatory proceeding.
(C) This section does not prohibit a state agency, department, board, committee, or commission from charging fees for services provided to other state agencies, departments, boards, committees, commissions, or political subdivisions regardless of whether the fee is set by statute.
(D) Statutory law for purposes of this section does not include regulations promulgated pursuant to the State Administrative Procedures Act."
SECTION 2. This act takes effect upon approval by the Governor.