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  Lieutenant Governor Proposes Plan to Revise Regulatory Process web posted February 14, 2013 COLUMBIA – Regulatory reform has recently become a hot political topic in the Palmetto State, as sunshine has found its way further into the shadows of state government. Without requiring a "yes" or "no" vote from your legislator, regulations have served for years as a convenient, behind-the-scenes approach to expanding government's presence in the daily lives of our citizens and businesses. This is a process that must be amended in order to save our state's resources, ensure these regulations receive proper discussion, and prevent unintended consequences. Regulations skirt the legislative process, yet have the full effect of the law. They go into effect automatically 120 days after being introduced and require no debate or discussion. Recently, one agency even attempted to exempt itself from state law through regulation. Essentially, it's government on auto-pilot. For instance, in 2012, only two regulations were approved by joint resolution though 110 were proposed and 61 total went into effect. "The current system needs revision, and the most effective way to correct the problem is through new legislation, requiring, at a minimum: an affirmative vote of the General Assembly and a five-year expiration date for all passed regulations to sunset. To date, history has shown that these regulatory agencies are unable to review themselves," said Lieutenant Governor McConnell. He further remarked that, "As a State Senator, I supported legislation that would have modified the regulatory process. But after touring the state's senior facilities over the past few months, I have become increasingly frustrated at the number of over-reaching regulations, a sure sign of government run amuck." Attempts at reformation have occurred, but agencies have not complied with them. In 1996, a law, Section 1-23-120 of the South Carolina Code of Laws, was passed which required, "each state agency, which promulgates regulations or to which the responsibility for administering regulations has been transferred, shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated" and submit a report to the Code Commissioner upon completion of the review. Unfortunately, a check with the Code Commission revealed that though 42 governmental entities promulgated regulations in 2012 alone, only two agencies have actually performed a five year review since the law was passed almost 16 years ago. Another law was passed in 2007 that required agencies to review their regulations every five years to ensure that they minimize economic impact on small businesses. This economic impact review has no reporting requirement, however. Given that only two agencies actually turned in their general five year report, it seems safe to assume these agencies are not performing any economic impact studies. Lieutenant Governor McConnell added, "To allow these agencies to further police themselves is akin to the fox guarding the hen house." © Copyright 2012 - 2013 All material is property of
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