South Carolina H 3021: Small Business Regulatory Freedom Act

Bill Text

2025-2026 Bill 3021 Text of Previous Version (Jun. 25, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3021

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Conference Report Adopted - Not Printed

June 25, 2026

H. 3021

Introduced by Reps. Bradley, G. M. Smith, 
Herbkersman, Lawson, B. Newton, Wooten, C. Mitchell, Pope, Guffey, Neese, 
Martin, Chapman, Pedalino, McCravy, Chumley, W. Newton, Taylor, Hewitt, 
Schuessler, Davis, M. M. Smith, Long, Sanders, Teeple, Gagnon, Hixon, Erickson, 
Hager, Ballentine, Calhoon, Holman, Moss, Gilreath, Gilliam, Rankin, Vaughan, 
Cox, Ligon, Oremus, Hartz, Guest, Crawford, Robbins, Forrest, Magnuson, Willis, 
Brewer, Gibson and Hiott 

S. Printed 6/25/26--H.

Read the first time January 14, 2025

________

statement of estimated fiscal impact

Explanation of Fiscal Impact

<<section info>>

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"SMALL BUSINESS REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-285 SO AS TO 
PROVIDE THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE SHALL CONDUCT AN INITIAL 
REVIEW OF REGULATIONS PENDING REAUTHORIZATION AND MAKE RECOMMENDATIONS TO THE 
GENERAL ASSEMBLY FOR RETAINING OR REMOVING REGULATIONS, TO PROVIDE IT IS THE 
DUTY OF THE COMMITTEE WHEN REVIEWING REGULATIONS TO REDUCE THE OVERALL 
REGULATORY BURDEN ON BUSINESSES BY REDUCING THE NUMBER OF REGULATORY REQUIREMENTS 
BY TWENTY-FIVE PERCENT, AND TO PROVIDE THE COMMITTEE MAY REQUEST ANY NECESSARY 
INFORMATION FROM STATE AGENCIES AND TO REQUIRE THE COMPLIANCE OF AGENCIES WITH 
THESE REQUESTS, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-110, RELATING TO 
THE PROCESS FOR PROMULGATING REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES 
ACT SO AS TO PROVIDE AGENCIES MAY NOT PROMULGATE REGULATIONS ABSENT EXPRESS 
STATUTORY AUTHORITY AND CITATION TO THE SPECIFIC STATUTORY AUTHORITY, TO 
PROVIDE FOR EVERY REGULATION AN AGENCY PROPOSES, IT MUST IDENTIFY AND PROPOSE 
TWO OF ITS REGULATIONS TO REMOVE, TO PROVIDE PERSONS AGGRIEVED BY A REGULATION 
MAY CHALLENGE THE VALIDITY OF THE REGULATION IN A COURT OF COMPETENT 
JURISDICTION, AND TO PROVIDE COURTS MAY DECLARE REGULATIONS INVALID UPON 
FINDING AN ABSENCE OF EXPRESS STATUTORY AUTHORITY TO PROMULGATE; BY AMENDING 
SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR 
PROMULGATION, SO AS TO PROVIDE ALL REGULATIONS SUBMITTED FOR PROMULGATION MUST 
INCLUDE ASSESSMENT REPORTS, TO ALLOW LONGER REVIEW PERIODS IN CERTAIN 
CIRCUMSTANCES, TO PROVIDE DISCOUNT RATES MUST BE JUSTIFIED IF APPLIED IN AN 
ANALYSIS REPORT, TO PROVIDE PROMULGATING AGENCIES MUST CONDUCT RETROSPECTIVE 
ASSESSMENT REPORTS IN CERTAIN CIRCUMSTANCES, TO PROVIDE ASSESSMENT CONTENTS 
MUST BE MADE PUBLICLY AVAILABLE IN A CERTAIN MANNER, TO PROVIDE CERTAIN 
STANDARDIZED ANALYTIC METHODS AND METRICS MUST BE APPLIED TO ALL REGULATIONS, 
TO REQUIRE RETROSPECTIVE ASSESSMENT REPORTS BE CONDUCTED WHEN REGULATIONS ARE REVIEWED 
FOR RENEWAL, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO 
DOCUMENTS REQUIRED TO BE FILED TO INITIATE THE REVIEW PROCESS FOR A REGULATION, 
SO AS TO REQUIRE THE DOCUMENTS INCLUDE AN AUTOMATIC EXPIRATION DATE, AND TO 
PROVIDE FOR THE AUTOMATIC EXPIRATION AND PERIODIC REVIEW OF REGULATIONS; AND BY 
AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW UPON EXHAUSTION OF 
ADMINISTRATIVE REMEDIES, SO AS TO PROVIDE REQUIREMENTS FOR JUDICIAL REVIEW OF 
AGENCY INTERPRETATIONS OF REGULATIONS.

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

SECTION 1. This act may be cited as the "Small Business Regulatory Freedom Act."

SECTION 2. Section 1-23-115(B) of the S.C. Code is amended to 
read:

 (B)(1) A state agency must submit to the Office of Research 
and Statistics of Revenue and Fiscal Affairs Office, a preliminary assessment 
report on regulations which have a substantial economic impact. Upon receiving 
this report the office may require additional information from the promulgating 
agency, other state agencies, or other sources. A state agency shall cooperate 
and provide information to the office on requests made pursuant to this 
section. The office shall prepare and publish a final assessment report within 
sixty days after the public hearing held pursuant to Section 1-23-110. The 
office shall forward the final assessment report and a summary of the final 
report to the promulgating agency and the Code 
Commissioner.

 (2) In addition to the requirements of 
item (1), if the final assessment report indicates that the regulation's 
economic impact is estimated to equal or exceed one million dollars over five 
years, then the Senate and the House of Representatives are required to approve 
the regulation by a jo