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Current Status Bill Number:View additional legislative information at the LPITS web site.4083 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010509 Primary Sponsor:Harrell All Sponsors:Harrell Drafted Document Number:l:\council\bills\nbd\11517ac01.doc Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:State, public employees; human resources and personnel matters applicable to; Budget and Control Board, Regulations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010509 Introduced, read first time, 30 HWM referred to Committee Versions of This Bill
TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE STATE REGISTER AND CODE OF REGULATIONS, SO AS TO CLARIFY THAT THE SOUTH CAROLINA BUDGET AND CONTROL BOARD PERSONNEL AND HUMAN RESOURCES POLICIES AND PROCEDURES THAT APPLY TO ALL STATE EMPLOYEES ARE REGULATIONS; AND TO AMEND SECTION 1-23-130, AS AMENDED, RELATING TO EMERGENCY REGULATIONS, SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO PROMULGATE EMERGENCY REGULATIONS PERTAINING ONLY TO PERSONNEL OR HUMAN RESOURCES THAT APPLY TO ALL STATE EMPLOYEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-10(4) of the 1976 Code, as last amended by Act 411 of 1996, is further amended to read:
"(4) 'Regulation' means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency. Policy or guidance issued by an agency other than in a regulation does not have the force or effect of law. The term 'regulation' includes general licensing criteria and conditions including, but not limited to, State Budget and Control Board personnel and human resources policies and procedures that apply to all state employees, and the amendment or repeal of a prior regulation, but does not include descriptions of agency procedures applicable only to agency personnel of that specific agency; opinions of the Attorney General; decisions or orders in rate making, price fixing, or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders, or rules of the Board of Probation, Parole, and Pardon Services; orders of the supervisory or administrative agency of a penal, mental, or medical institution, in respect to the institutional supervision, custody, control, care, or treatment of inmates, prisoners, or patients; decisions of the governing board of a university, college, technical college, school, or other educational institution with regard to curriculum, qualifications for admission, dismissal and readmission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty and disciplinary proceedings; decisions of the Human Affairs Commission relating to firms or individuals; advisory opinions of agencies; and other agency actions relating only to specified individuals."
SECTION 2. Section 1-23-130 of the 1976 Code, as last amended by Act 507 of 1992, is further amended to read:
"Section 1-23-130. (A) If An agency may promulgate an emergency regulation before compliance with the procedures prescribed in this article if:
(1) the agency finds that an imminent peril to public health, safety, or welfare requires immediate promulgation of an emergency regulation before compliance with the procedures prescribed in this article or if;
(2) a natural resources related agency finds that abnormal or unusual conditions, immediate need, or the state's best interest requires immediate promulgation of an emergency regulations regulation to protect or manage natural resources,;
(3) the Budget and Control Board finds it necessary to promulgate an emergency regulation pertaining only to personnel or human resources policies or procedures that apply to all state employees. The agency may file the regulation with the Legislative Council and a statement of the situation requiring immediate promulgation. The regulation becomes effective as of the time of filing.
(B) An emergency regulation filed under this section which has a substantial economic impact may not be refiled unless accompanied by the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 and a statement of need and reasonableness is prepared by the agency pursuant to Section 1-23-111.
(C) If emergency regulations are either filed or expire while the General Assembly is in session, the emergency regulations remain in effect for ninety days only and may not be refiled; but if emergency regulations are both filed and expire during a time when the General Assembly is not in session they may be refiled for an additional ninety days.
(D) Emergency regulations and the agency statement as to the need for and reasonableness of immediate promulgation must be published in the next issue of the State Register following the date of filing. The summary of the final assessment report required for refiling emergency regulations pursuant to subsection (B) must also be published in the next issue of the State Register.
(E) An emergency regulation promulgated pursuant to this section may be permanently promulgated by complying with the requirements of this article."
SECTION 3. This act takes effect upon approval by the Governor.
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