Senator Campsen proposes the following amendment (SFGF-3021.BC0014S):

Amend the bill, as and if amended, SECTION 3, by striking Section 1-23-120(J) and inserting:

 (J) Each state agency, which promulgates regulations or to which the responsibility for administering regulations has been transferred, shall by July 1, 19972027, and every five to eight years thereafter, based on a schedule established by the Legislative Audit Council, 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 (H) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner and the Director of the Legislative Audit Council 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 identified in the report to the Code Commissioner and the Director of the Legislative Audit Council.

Amend the bill further, SECTION 4, by striking Section 1-23-270(F) and inserting:

 (F)(1) Each state agency, which promulgates regulations or to which the responsibility for administering regulations has been transferred, shall by July 1, 19972027, and every five to eight years thereafter, based on a schedule established by the Legislative Audit Council, 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 Section 1-23-120(H) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner and the Director of the Legislative Audit Council a report which identifies those regulations:
   (a) for which the agency intends to begin the process of repeal in accordance with this article;
   (b) for which the agency intends to begin the process of amendment in accordance with this article; and
   (c) 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 Article 1 before or after it is identified in the report to the Code Commissioner.
  (2) Regulations that take effect on or after the effective date of this article must be reviewed within five years of the publication of the final regulation in the State Register and every five to eight years after that, based on a schedule established by the Legislative Audit Council, to ensure that they minimize economic impact on small businesses in a manner consistent with the stated objectives of applicable statutes.
  (3) In reviewing regulations to minimize their economic impact on small businesses, the agency shall consider the:
   (a) continued need for the regulation;
   (b) nature of complaints or comments received concerning the regulation from the public;
   (c) complexity of the regulation;
   (d) extent to which the regulation overlaps, duplicates, or conflicts with other federal, state, and local governmental regulations; and
   (e) length of time since the regulation has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation.

Amend the bill further, SECTION 7, by striking Section 1-23-800(A) and inserting:

 (A) Beginning July 1, 2027, the Legislative Audit Council shall schedule state agencies as defined in Section 2-15-50 so that all state agencies' regulations are formally reviewed at least once every five to eight years, provided if an agency's regulations exceed one hundred pages in the Code of State Regulations, then the Legislative Audit Council may divide the agency's regulations into one or more subject matters for review every five to eight years. In determining the order in which agencies' formal reviews are conducted, the Legislative Audit Council may consult with the President of the Senate, the Speaker of the House of Representatives, the Legislative Oversight Committees in the Senate and House of Representatives, and the chairmen of standing committees in the Senate and House of Representatives.

Amend the bill further, SECTION 7, by striking Section 1-23-800(C), (D), and (E) and inserting:

 (C) After receiving the reports required by Sections 1-23-120(J) and 1-23-270(F) and any reports and recommendations from the Small Business Regulatory Review Committee, the Legislative Audit Council may request from the agencies any other information needed to complete its formal reviews.
 (D)(C)(1) By January 1 each year, beginning January 1, 2028, the Legislative Audit Council shall deliver a report of its findings and recommendations from the agencies' formal reviews to the standing committees of the Senate and House of Representatives that have jurisdiction over each agency's statutory authority that must include:
  (1) the scope of review;
  (2) the regulations determined by the Legislative Audit Council to be obsolete or outside the scope of enabling statutory authority; and
  (3) the regulations that the applicable agency intends to begin the process of repeal or amendment in accordance with Chapter 23 of Title 1.
  (2) In determining the order in which agencies' formal reviews are conducted, the Legislative Audit Council may consult with the President of the Senate, the Speaker of the House of Representatives, the Legislative Oversight Committees in the Senate and House of Representatives, and the chairmen of standing committees in the Senate and House of Representatives.
 (E) Included in the Legislative Audit Council's formal review report, each agency shall submit a plan for each regulation it intends to amend or repeal and the timeline for taking action on the regulations.

Amend the bill further, by deleting SECTION 8 from the bill.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 1-23-110(C) of the S.C. Code is amended to read:

 (C)(1) The agency shall consider fully all written and oral submissions respecting the proposed regulation. All of the written submissions, and transcripts or recordings or oral submissions, must be provided to the Small Business Regulatory Review Committee.
  (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 X. Section 1-23-280 (B), (C), and (D) of the S.C. Code is amended to read:

 (B) The committee shall consist of eleven members, appointed as follows:
  (1) five members to be appointed by the Governor;
  (2) three members to be appointed by the President of the Senate; and
  (3) three members to be appointed by the Speaker of the House of Representatives.
 (C) In addition, the Chairman of the Senate Labor, Commerce and Industry Committee of the South Carolina Senate, the Chairman of Senate Agriculture and Natural Resources Committee, the Chairman of the House of Representatives Agriculture, Natural Resources, and Environmental Affairs Committee, and the Chairman of the House of Representatives Labor, Commerce and Industry Committee of the South Carolina House of Representatives, or their designees, shall serve as nonvoting, ex officio members of the committee. During the committee review process, the director or his designee, of the promulgating agency shall be available at the request of the committee for comment on the proposed regulation.
 (D) Appointments to the committee must be representative of a variety of small businesses in this State, at least one of which must be engaged in agribusiness. All appointed members shall be either current or former owners or officers of a small business.

Renumber sections to conform.

Amend title to conform.