Current Status Bill Number:
3375Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950125Primary Sponsor: TownsendAll Sponsors: Townsend, P. Harris, Walker, Littlejohn, Kelley, Kennedy, Allison, Stille, Cooper, Chamblee and FairDrafted Document Number: BR1\18071AC.95Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Regulations
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950125 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO REQUIRE THAT ALL REGULATIONS MUST BE ENACTED BY THE GENERAL ASSEMBLY AND ALL RULES AND PROVISIONS OF LAW APPLICABLE TO THE ENACTMENT OF THE STATUTORY LAW OF THIS STATE APPLIES TO THE ENACTMENT OF REGULATIONS; TO REPEAL SECTION 1-23-125, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS; AND TO REPEAL SECTION 1-23-130, RELATING TO EMERGENCY REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-120 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 1-23-120. (A) All regulations except those specifically exempted under this section must be submitted to the General Assembly for review enactment in accordance with this article, but no regulation may 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.
(B) To initiate the process of review, the agency shall file with the President of the Senate and the Speaker of the House of Representatives:
(1) a copy of the regulations promulgated;
(2) a request for review;
(3) a brief synopsis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations;
(4) 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 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) a copy of the fiscal impact statement prepared by the agency as required in Section 1-23-110.
(C) Upon receipt of the request, the President and Speaker reviewing the request shall submit have the regulation prepared as a bill for introduction and upon introduction shall refer it for consideration 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 must be given to each member of the committee. 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.
(D) 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. 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.
(E) 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.
(F) Any member may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are submitted 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. All House and Senate rules and provisions of law applicable to the enactment of the statutory law of this State apply to the enactment of regulations.
(G)(D) Enactment by the 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) 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 and Taxation 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 of 1954;
(4) as emergency regulations under Section 1-23-130.
(H) 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."
SECTION 2. Sections 1-23-125 and 1-23-130 of the 1976 Code are repealed.
SECTION 3. This act takes effect upon approval by the Governor.