South CarolinaLawmakers review costly regulations and agencies face regular rule checks
Starting June 30, 2026, state agencies must undergo regular regulation reviews, while costly rules need approval from both legislative chambers.
What it does
Regulations estimated to cost at least $1 million over five years must receive approval from both legislative chambers.
State agencies must have their regulations reviewed every five to eight years, and agencies that fall far behind may be barred from proposing most new rules.
Courts must decide what statutes and regulations mean for themselves during agency appeals, while factual review limits remain.
Agencies must share public comments with the small-business review committee and repeat public notice when they make major unreviewed changes to proposed rules.
Argument forRegular reviews could help remove outdated agency rules and identify rules that exceed the authority lawmakers granted.
Argument againstAgencies that miss review deadlines could be unable to propose most new rules, which may delay needed state requirements.
More detail
The Senate and House must approve a regulation through a joint resolution when its estimated economic impact reaches at least $1 million over five years. This applies to regulations covered by a final economic assessment report. The Office of Research and Statistics must prepare and publish the final assessment report after the public hearing. The report must show an estimated impact of at least $1 million over five years. The act takes effect upon the Governor’s approval, which the supplied text dates to June 30, 2026.
The Legislative Audit Council must schedule and conduct formal reviews of state-agency regulations. The reviews cover regulations issued by state agencies and must check whether they remain within legal authority or have become outdated. Reviews must occur at least once every five to eight years. If an agency misses the review deadline and does not finish within 90 days, it may not file proposed new regulations, except emergency rules or rules required by federal law. The General Assembly may waive that filing restriction for good cause for up to 180 days. Scheduling begins July 1, 2027, and annual reports begin January 1, 2028.
Courts must interpret statutes and regulations independently instead of deferring to an agency’s interpretation. This applies during judicial review of agency decisions and Administrative Law Court decisions. Courts still may not replace an agency’s judgment about the weight of evidence on factual questions. Other review rules remain, including review for legal errors, unlawful procedures, and arbitrary or clearly erroneous decisions. The provision takes effect when the Governor approves the act on June 30, 2026.
Agencies must give the Small Business Regulatory Review Committee public comments and must restart the public notice process for certain major changes. The rules apply to proposed regulations reviewed under the state administrative process. An agency may not send a regulation to the General Assembly if it contains a major change that public comments did not raise or address. The committee includes members appointed by the Governor, Senate President, and House Speaker, plus specified nonvoting legislative committee chairs or designees. Appointed members must be current or former small-business owners or officers, and at least one must be involved in agribusiness. These requirements take effect upon the Governor’s approval, dated June 30, 2026.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 1Act No. 251Latest
- Jul 1Effective date 06/30/26
- Jun 30Signed By Governor Henry McMasterBecame Law
- Jun 29Ratified R 268
- Jun 25Ordered enrolled for ratificationTo Governor
- Vote recorded Adopt Conference Report. Result: pass.Lower
- Vote recorded to adopt the conference report. Result: pass.Upper
- Jun 25Roll call Ayes-38 Nays-0
- Jun 25Conference report received and adopted
- Jun 25Roll call Yeas-104 Nays-0
- Jun 25Conference report received and adopted
- May 14Conference committee appointed Campsen, Elliott, Ott
- Vote recorded to concur. Result: fail.Upper
- May 14House insists upon amendment and conference committee appointed Reps. Herbkersman, Bradley, Anderson
- May 14Non-concurrence in House amendment
- May 13Roll call Yeas-112 Nays-0
- Vote recorded Adopt Amendment 3A. Result: pass.Lower
- May 13Returned to Senate with amendments
- May 13Senate amendment amendedMinor
- May 12Debate adjourned
- May 7Read third time and returned to House with amendmentsPassed 2nd Chamber
- May 7Scrivener's error corrected
- May 6Roll call Ayes-40 Nays-0
- Vote recorded 2nd Reading. Result: pass.Upper
- May 6Read second timeMinor
- May 6AmendedMajor
- May 6Committee Amendment AdoptedMajor
- Apr 29Committee report: Favorable with amendment JudiciaryMinor
- 2025
- Mar 11Referred to Committee on JudiciaryMinor
- Mar 11Introduced and read first timeMinor
- Mar 6Scrivener's error corrected
- Vote recorded Passage of Bill. Result: pass.Lower
- Mar 6Roll call Yeas-108 Nays-0
- Mar 6Read third time and sent to SenatePassed 1st Chamber
- Mar 5Roll call Yeas-111 Nays-0
- Vote recorded Passage of Bill. Result: pass.Lower
- Vote recorded Table Amendment 5. Result: pass.Lower
- Mar 5Read second timeMinor
- Mar 5AmendedMajor
- Mar 5Member(s) request name added as sponsor: Brewer, Gibson, Hiott
- Mar 4Requests for debate-Rep(s). B Newton, Forrest, Hixon, Hiott, Oremus, Martin, Brewer, BL Cox, JE Johnson, Harris, Cromer, Robbins, Whitmire, Weeks, Gilliam, TA Moore
- Mar 4Member(s) request name added as sponsor: Forrest, Magnuson, Willis
- Feb 27Scrivener's error corrected
- Feb 27Member(s) request name added as sponsor: Guest, Crawford, Robbins
- Feb 26Committee report: Favorable with amendment Labor, Commerce and IndustryMinor
- Feb 25Member(s) request name added as sponsor: Oremus, Hartz
- Feb 19Member(s) request name added as sponsor: Erickson, Hager, Ballentine, Calhoon, Ligon, Holman, Moss, Gilreath, Gilliam, Rankin, Vaughan, B.L.Cox
- Feb 11Member(s) request name added as sponsor: Gagnon, Hixon
- Feb 4Member(s) request name added as sponsor: Teeple
- Jan 15Member(s) request name added as sponsor: Schuessler, Davis, M.M.Smith
- Jan 14Referred to Committee on Labor, Commerce and IndustryMinor
- Jan 14Introduced and read first timeMinor
- 2024
- Dec 5Referred to Committee on Labor, Commerce and IndustryMinor
- Dec 5PrefiledIntroduced
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