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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Scarborough, Duncan, M.A. Pitts, Umphlett, R. Brown, Whipper, Loftis and Battle
Document Path: l:\council\bills\nbd\11020ac05.doc
Companion/Similar bill(s): 153, 154, 770
Introduced in the House on January 11, 2005
Introduced in the Senate on May 3, 2005
Last Amended on April 27, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Regulations must have affirmative approval by the General Assembly
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 House Prefiled 12/8/2004 House Referred to Committee on Judiciary 1/11/2005 House Introduced and read first time HJ-95 1/11/2005 House Referred to Committee on Judiciary HJ-96 1/12/2005 House Member(s) request name added as sponsor: Duncan, M.A.Pitts 1/13/2005 House Member(s) request name added as sponsor: Umphlett 3/2/2005 House Member(s) request name added as sponsor: R.Brown 4/14/2005 House Committee report: Favorable with amendment Judiciary HJ-3 4/15/2005 Scrivener's error corrected 4/19/2005 House Member(s) request name added as sponsor: Whipper, Loftis 4/19/2005 House Objection by Rep. Ott HJ-141 4/19/2005 House Requests for debate-Rep(s). Scott, Hayes, McLeod, Hosey, Ceips, Scarborough, G Brown, Hinson, Young, Coates, Anthony, R Brown, Whipper, Perry, Cato, Moody-Lawrence, GR Smith, Govan, Clemmons, Clyburn, Duncan, MA Pitts, and Mahaffey HJ-141 4/20/2005 House Member(s) request name added as sponsor: Battle 4/27/2005 House Amended HJ-226 4/27/2005 House Read second time HJ-233 4/27/2005 House Roll call Yeas-106 Nays-1 HJ-233 4/28/2005 House Read third time and sent to Senate HJ-31 5/3/2005 Senate Introduced and read first time SJ-16 5/3/2005 Senate Referred to Committee on Judiciary SJ-16
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
April 27, 2005
Introduced by Reps. Scarborough, Duncan, M.A. Pitts, Umphlett, R. Brown, Whipper, Loftis and Battle
S. Printed 4/27/05--H.
Read the first time January 11, 2005.
TO AMEND SECTION 1-23-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO NOTIFY ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND TO PROVIDE EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF ITS REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE GENERAL ASSEMBLY REPEALING OR AMENDING REGULATIONS, SO AS TO DELETE DUPLICATIVE PROVISIONS AND TO INCLUDE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; AND TO ADD SECTION 1-23-121 SO AS TO PROVIDE THAT AN AGENCY MAY NOT ESTABLISH, MODIFY, OR INCREASE A FEE UNLESS AUTHORIZED BY LAW OR THROUGH REGULATION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-110(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C)(1) The agency shall consider fully all written and oral submissions respecting the proposed regulation.
(2) Following the public hearing and consideration of all submissions, an agency must not submit a regulation to the General Assembly for review if the regulation contains a substantive change in the content of regulation as proposed pursuant to subsection (A)(3) and the substantive change was not raised, considered, or discussed by public comment received pursuant to this section. The agency shall refile such a regulation for publication in the State Register as a proposed regulation pursuant to subsection (A)(3)."
SECTION 2. Section 1-23-120 of the 1976 Code, as last amended by Act 231 of 2004, is further amended to read:
"Section 1-23-120. (A) All regulations except those specifically exempted pursuant to
this section subsection (H) must be submitted to the General Assembly for review in accordance with this article , but; however, a regulation must not 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, except those regulations requiring a final assessment report as provided in Sections 1-23-270 and 1-23-280. A regulation submitted to the General Assembly for review must 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 file with the Legislative Council for submission to the President of the Senate and the Speaker of the House of Representatives a document containing:
(1) a copy of the regulations promulgated;
(2) in the case of regulations proposing to amend an existing regulation or any clearly identifiable subdivision or portion of a regulation, the full text of the existing regulation or the text of the identifiable portion of the regulation; text that is proposed to be deleted must be stricken through, and text that is proposed to be added must be underlined;
(3) a request for review;
(3)(4) a brief synopsis of the regulations submitted explaining which explains the content and any changes in existing regulations resulting from the submitted regulations;
(4)(5) 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)(6) a copy of the fiscal impact statement prepared by the agency as required in by Section 1-23-110.
(6)(7) 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.
(7)(8) a copy of the economic impact statement, as provided in Section 1-23-270(C)(1)(a) .; and
(8)(9) a copy of the regulatory flexibility analysis, as provided in Section 1-23-270(C)(1)(b).
(C) Upon receipt of the
request regulation, the President and Speaker reviewing the request shall submit it shall refer the regulation for consideration review 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, and Legislative Council shall notify all members of the General Assembly when regulations are submitted for review either through electronic means or by addition of this information to the web site maintained by Legislative Printing Information and Technology Services, or both. 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 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.
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 approval is valid against a person as provided for in Section 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.
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 or reported favorably by the standing committee to which the regulation was referred.
(F) Any member of the General Assembly may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are
submitted referred 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) A regulation is deemed withdrawn if it has not become effective, as provided in this article, by the date of publication of the next State Register published after the end of the two-year session in which the regulation was submitted to the President and Speaker for review. Other provisions of this article notwithstanding, a regulation deemed withdrawn pursuant to this subsection may be resubmitted by the agency for legislative review during the next legislative session without repeating the requirements of Section 1-23-110, 1-23-111, or 1-23-115 if the resubmitted regulation contains no substantive changes for the previously submitted version.
(H) 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;
(4) as emergency regulations under Section 1-23-130.
(H)(I) 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.
(I) Each state agency which promulgates regulations or to which the responsibility for administering regulations has been transferred shall 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) are not subject to this review. Upon completion of the review, the agency shall 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 be construed to prevent 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 3. Section 1-23-125 of the 1976 Code is 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.
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.
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 (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, 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.
(D) A regulation submitted to the General Assembly for review may be withdrawn by the agency for any reason. The regulation may be resubmitted by the agency for legislative review during the legislative session without repeating the requirements of Section 1-23-110, 1-23-111, or 1-23-115 if the resubmitted regulation contains no substantive changes from the previously submitted version.
(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 4. Chapter 23 of Title 1 of the 1976 Code is amended by adding:
"Section 1-23-121. No fee or fine may be established, modified, or increased unless authorized by law or authorized through regulation promulgated within an agency's grant of statutory authority."
SECTION 5. This act takes effect July 1, 2005, and applies to regulations for which a notice of a public hearing has been published in the State Register, in accordance with Section 1-23-110(A)(3) of the 1976 Code, after June 30, 2005; all other regulations under General Assembly review on this act's effective date must be processed and reviewed in accordance with the law in effect on June 30, 2005.
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