South Carolina General Assembly
106th Session, 1985-1986

Bill 1047

                    Current Status

Bill Number:               1047
Ratification Number:       542
Act Number:                478
Introducing Body:          Senate
Subject:                   To provide that natural resources related
                           agencies may promulgate emergency regulations
                           to protect or manage natural resources
View additional legislative information at the LPITS web site.

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

(A478, R542, S1047)

AN ACT TO AMEND ACT 176 OF 1977, AS AMENDED, THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT NATURAL RESOURCES RELATED AGENCIES MAY PROMULGATE EMERGENCY REGULATIONS TO PROTECT OR MANAGE NATURAL RESOURCES.

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

Emergency regulations

SECTION 1. Section 13 of Article I of Act 176 of 1977, as last amended by Act 442 of 1980, is further amended to read:

"Section 13. (a) If any agency finds that an imminent peril to public health, safety, or welfare requires immediate promulgation of an emergency regulation prior to compliance with the procedures prescribed in this article, or if a natural resources related agency finds that abnormal or unusual conditions, immediate need, or the state's best interest requires immediate promulgation of emergency regulations to protect or manage natural resources the agency may file the regulation with the Legislative Council along with a statement of the situation requiring immediate promulgation and the regulation shall become effective as of the time of filing. If emergency regulations are promulgated while the General Assembly is in session, the emergency regulations shall remain in effect for ninety days only and may not be renewed under the provisions of this section but if emergency regulations are promulgated during a time when the General Assembly is not in session they may be renewable for an additional ninety days if the General Assembly is not in regular session at the expiration of the ninety day period.

(b) Emergency regulations and the agency statement as to the necessity of immediate promulgation must be published in the next issue of the State Register following the date of filing.

(c) Any emergency regulations promulgated pursuant to this section may be permanently promulgated by complying with the requirements of this article."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.