South Carolina S 164: State Agency Rule Making
Status: Act No. 13 (as of 2025-05-16)
State: South Carolina · Session: 2025-2026 · Bill: S 164
Sponsors: Campsen
Bill Text
2025-2026 Bill 164 Text of Previous Version (Apr. 14, 2025) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 164 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 Amended April 10, 2025 S. 164 Introduced by Senator Campsen S. Printed 4/10/25--H. [SEC 4/14/2025 8:50 AM] Read the first time February 6, 2025 ________ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-23-120, RELATING TO THE REQUIREMENTS AND PROCEDURES FOR REGULATIONS, SO AS TO TOLL THE PERIOD OF LEGISLATIVE REVIEW FROM THE SECOND FRIDAY IN MAY THROUGH THE SECOND MONDAY IN JANUARY; AND TO ADD A PROVISION REVISING THE PERIOD OF LEGISLATIVE REVIEW FOR REGULATIONS FILED ON JANUARY 14, 2025, TO ONE HUNDRED THIRTEEN DAYS. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 1-23-115(A) of the S.C. Code is amended to read: (A) Upon written request by two members of the General Assembly, made before submission of a promulgated regulation to the General Assembly for legislative review, a regulation that has a substantial economic impact must have an assessment report prepared pursuant to this section and in accordance with the procedures contained in this article. In addition to any other method as may be provided by the General Assembly, the legislative committee to which the promulgated regulation has been referred, by majority vote, may send a written notification to the promulgating agency informing the agency that the committee cannot approve the promulgated regulation unless an assessment report is prepared and provided to the committee. The written notification tolls the running of the one hundred-twenty-dayone-hundred-ten-day legislative review period, and the period does not begin to run again until an assessment report prepared in accordance with this article is submitted to the committee. Upon receipt of the assessment report, additional days must be added to the days remaining in the one hundred-twenty-dayone-hundred-ten-day review period, if less than twenty days, to equal twenty days. A copy of the assessment report must be provided to each member of the committee. SECTION 2. Section 1-23-120(C) and (D) of the S.C. Code is amended to read: (C) Upon receipt of the regulation, the President and Speaker shall refer the regulation for review 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 the regulation must be given to each member of the committee, and Legislative Council shall notify all members of the General Assembly when regulations are submitted for review either through electronic means or by addition of this information to the website maintained by the Legislative Services Agency, or both. The committees to which regulations are referred have one hundred ten 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 ten 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-dayone-hundred-ten-day legislative review 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
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