Current Status Introducing Body:House Bill Number:4505 Ratification Number:436 Act Number:377 Primary Sponsor:Committee (26) Type of Legislation:GB Subject:Regulation approval, Labor Department Date Bill Passed both Bodies:May 06, 1992 Computer Document Number:NO5/8149.BD Governor's Action:S Date of Governor's Action:May 15, 1992 Introduced Date:Mar 04, 1992 Date of Last Amendment:Apr 29, 1992 Last History Body:------ Last History Date:May 15, 1992 Last History Type:Signed by Governor Scope of Legislation:Statewide Sponsor Committee:Labor, Commerce and Industry Sponsor Committee Number:26 Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
4505 ------ May 15, 1992 Act No. 377
4505 ------ May 15, 1992 Signed by Governor
4505 ------ May 13, 1992 Ratified R 436
4505 House May 06, 1992 Concurred in Senate
amendment, enrolled for
ratification
4505 Senate Apr 30, 1992 Read third time, returned to
House with amendment
4505 Senate Apr 29, 1992 Amended, read second time,
unanimous consent for third
reading on Thursday, April
30, 1992
4505 Senate Apr 28, 1992 Committee Report: Favorable 12
with amendment
4505 Senate Mar 24, 1992 Introduced, read first time, 12
referred to Committee
4505 House Mar 20, 1992 Read third time, sent to
Senate
4505 House Mar 19, 1992 Unanimous consent for third
reading on next Legislative
day
4505 House Mar 19, 1992 Read second time
4505 House Mar 04, 1992 Introduced, read first time,
placed on Calendar without
reference
View additional legislative information at the LPITS web site.
(A377, R436, H4505)
AN ACT TO AMEND SECTION 41-15-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO EXEMPT OCCUPATIONAL SAFETY AND HEALTH STANDARDS PROMULGATED BY THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT AND PROVIDE FOR NOTICE AFTER PROMULGATION IN THE STATE REGISTER AND REBUTTABLE PRESUMPTIONS REGARDING PUBLICATION OF NOTICE.
Be it enacted by the General Assembly of the State of South Carolina:
Occupational safety and health standards exempted from the Administrative Procedures Act; notice, rebuttable presumptions
SECTION 1. Section 41-15-220 of the 1976 Code is amended to read:
"Section 41-15-220. (A) Before the promulgation, modification, or revocation of a regulation issued pursuant to this article, the commissioner shall conduct a public hearing at which all interested persons, including employer and employee representatives, must be provided an opportunity to appear and present their comments orally or written, or both. Notice of the hearing must be published in the State Register and in at least three newspapers, at least one of which has circulation in upper, lower, and middle South Carolina, once a week for three weeks. The notice must contain the date, time, and place of the hearing and a brief description of the proposed regulation.
(B) Occupational safety and health standards promulgated pursuant to this article are not subject to the Administrative Procedures Act. After promulgation the department shall file a notice in the Legislative Council to be published in the State Register. This notice must refer to the federal occupational safety and health administration standards which have been repromulgated under this section and give specific notice of differences between the state and federal standard. Filing and publication of notice in the State Register give notice of the contents of the standard to a person subject to or affected by it.
(C) Publication of the notice creates a rebuttable presumption that the:
(1) standard to which it refers was promulgated under this section;
(2) notice was filed and made available for public inspection at the day and hour stated in it;
(3) copy on file in the Legislative Council is a true copy of the original."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 15th day of May, 1992.