South CarolinaH 3021126th General Assembly (2025-2026)House

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMALL BUSINESS REGULATORY FREEDOM ACT" BY AMENDING SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR PROMULGATION, SO AS TO REQUIRE LEGISLATIVE APPROVAL OF REGULATIONS WITH AN ESTIMATED ECONOMIC IMPACT OF ONE MILLION DOLLARS OR MORE OVER A FIVE-YEAR PERIOD, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO THE REGULATORY REVIEW AND APPROVAL PROCESS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REMOVE OBSOLETE PROVISIONS; BY AMENDING SECTION 1-23-270, RELATING TO REGULATORY FLEXIBILITY ANALYSES UNDER THE SOUTH CAROLINA SMALL BUSINESS REGULATORY FLEXIBILITY ACT, SO AS TO REMOVE OBSOLETE PROVISIONS; BY AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW OF AGENCY DECISIONS, SO AS TO REQUIRE DE NOVO REVIEW OF STATUTES AND REGULATIONS; BY AMENDING SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE LAW COURT FINAL DECISIONS, SO AS TO REQUIRE DE NOVO REVIEW OF STATUTES AND REGULATIONS; BY ADDING ARTICLE 4 TO CHAPTER 23, TITLE 1, SO AS TO PROVIDE FOR PERIODIC LEGISLATIVE AUDIT COUNCIL REVIEW OF AGENCY REGULATIONS AND TO PROVIDE RELATED REQUIREMENTS OF STATE AGENCIES; BY AMENDING SECTION 2-15-60, RELATING TO DUTIES OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO MAKE CONFORMING AND OTHER RELATED CHANGES; BY AMENDING SECTION 1-23-110, RELATING TO PUBLIC PARTICIPATION IN THE PROMULGATION OF REGULATIONS, SO AS TO PROVIDE THAT RELATED SUBMISSIONS MUST BE PROVIDED TO THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE; AND BY AMENDING SECTION 1-23-280, RELATING TO THE COMPOSITION OF THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE, SO AS TO INCLUDE ADDITIONAL NONVOTING LEGISLATIVE EX OFFICIO MEMBERS.

Sponsored By: Jeff Bradley (Republican)

Signed by Governor

Summary

Small Business Regulatory Freedom Act

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Stronger reviews of state regulations

Beginning June 30, 2026, courts interpret statutes and regulations for themselves. They do not defer to an agency’s view, including on appeals from administrative law judges. Starting July 1, 2027, the Legislative Audit Council reviews each agency’s rules at least once every 5 to 8 years and reports to lawmakers each January starting in 2028. If an agency misses its review, it must certify noncompliance and a fix plan within 30 days. If it still has not finished within 90 days, it cannot file new proposed rules except emergencies or federal‑required rules; lawmakers can grant a waiver for up to 180 days.

Legislature must approve costly rules

Beginning June 30, 2026, any proposed rule with an estimated $1 million or more in total impact over five years must be approved by both the House and Senate by joint resolution. Agencies must submit an impact report to the Office of Research and Statistics. The office publishes a final assessment within 60 days after the public hearing and sends it to the agency and the Code Commissioner.

Stronger small-business voice in rulemaking

Beginning June 30, 2026, agencies must give the Small Business Regulatory Review Committee all written comments and hearing records. A final rule that adds a substantive change not raised in public comment must be refiled as a new proposed rule. The committee now has 11 appointed members from small businesses, including at least one from agribusiness. Four legislative chairs serve as nonvoting members, and the agency director must be available to answer questions.

Sponsors & Cosponsors

Sponsor

  • Jeff Bradley

    Republican • House

Cosponsors

  • Brandon Newton

    Republican • House

  • Brandon L. Cox

    Republican • House

  • Nathan Ballentine

    Republican • House

  • Gary S. Brewer, Jr.

    Republican • House

  • Cody T. Mitchell

    Republican • House

  • Paula Rawl Calhoon

    Republican • House

  • Donald G. "Don" Chapman

    Republican • House

  • William M. "Bill" Chumley

    Republican • House

  • Heather Ammons Crawford

    Republican • House

  • Sylleste H. Davis

    Republican • House

  • Shannon S. Erickson

    Republican • House

  • Cally R. "Cal" Forrest, Jr.

    Republican • House

  • G. Murrell Smith, Jr.

    Republican • House

  • Craig A. Gagnon

    Republican • House

  • Daniel Gibson

    Republican • House

  • Leon D. "Doug" Gilliam

    Republican • House

  • Thomas Lee Gilreath

    Republican • House

  • Thomas Duval "Val" Guest, Jr.

    Republican • House

  • Brandon Guffey

    Republican • House

  • William "Bill" Hager

    Republican • House

  • Charles V. Hartz

    Republican • House

  • William G. "Bill" Herbkersman

    Republican • House

  • Lee Hewitt

    Republican • House

  • David R. Hiott

    Republican • House

  • William M. "Bill" Hixon

    Republican • House

  • Harriet A. Holman

    Republican • House

  • M. Brian Lawson

    Republican • House

  • Thomas R. "Randy" Ligon

    Republican • House

  • Steven Wayne Long

    Republican • House

  • Marvin "Mark" Smith

    Republican • House

  • Josiah Magnuson

    Republican • House

  • David Martin

    Republican • House

  • John R. McCravy III

    Republican • House

  • Dennis C. Moss

    Republican • House

  • Mike M. Neese

    Republican • House

  • Melissa Lackey Oremus

    Republican • House

  • Fawn M. Pedalino

    Republican • House

  • Thomas E. "Tommy" Pope

    Republican • House

  • Luke S. Rankin

    Republican • House

  • Robby Robbins

    Republican • House

  • Richard Blake Sanders

    Republican • House

  • Carla M. Schuessler

    Republican • House

  • Bill Taylor

    Republican • House

  • James E. Teeple

    Republican • House

  • David Vaughan

    Republican • House

  • Wm. Weston J. Newton

    Republican • House

  • Mark N. Willis

    Republican • House

  • Chris Wooten

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 1,564 • No: 58

House vote • 6/25/2026

(Small Business Regulatory Freedom Act)Adopt Conference Report

Yes: 104 • No: 0

Senate vote • 6/25/2026

(Small Business Regulatory Freedom Act)to adopt the conference report

Yes: 38 • No: 0

Senate vote • 5/14/2026

(Small Business Regulatory Freedom Act)to concur

Yes: 22 • No: 22

House vote • 5/13/2026

(Small Business Regulatory Freedom Act)Adopt Amendment 3A  Amendment number 3a

Yes: 112 • No: 0

House vote • 5/13/2026

(Small Business Regulatory Freedom Act)Adopt Amendment 3A  Amendment number 3a

Yes: 112 • No: 0

Senate vote • 5/6/2026

(Small Business Regulatory Freedom Act)2nd Reading

Yes: 40 • No: 0

Senate vote • 5/6/2026

(Small Business Regulatory Freedom Act)2nd Reading

Yes: 40 • No: 0

Senate vote • 5/6/2026

(Small Business Regulatory Freedom Act)2nd Reading

Yes: 40 • No: 0

House vote • 3/6/2025

(Small Business Regulatory Freedom Act)Passage of Bill

Yes: 108 • No: 0

House vote • 3/6/2025

(Small Business Regulatory Freedom Act)Passage of Bill

Yes: 108 • No: 0

House vote • 3/6/2025

(Small Business Regulatory Freedom Act)Passage of Bill

Yes: 108 • No: 0

House vote • 3/6/2025

(Small Business Regulatory Freedom Act)Passage of Bill

Yes: 108 • No: 0

House vote • 3/5/2025

(Small Business Regulatory Freedom Act)Table Amendment 5  Amendment number 5

Yes: 90 • No: 18

House vote • 3/5/2025

(Small Business Regulatory Freedom Act)Passage of Bill

Yes: 111 • No: 0

House vote • 3/5/2025

(Small Business Regulatory Freedom Act)Passage of Bill

Yes: 111 • No: 0

House vote • 3/5/2025

(Small Business Regulatory Freedom Act)Passage of Bill

Yes: 111 • No: 0

House vote • 3/5/2025

(Small Business Regulatory Freedom Act)Table Amendment 5  Amendment number 5

Yes: 90 • No: 18

House vote • 3/5/2025

(Small Business Regulatory Freedom Act)Passage of Bill

Yes: 111 • No: 0

Actions Timeline

  1. Act No. 251

    7/1/2026legislature
  2. Effective date 06/30/26

    7/1/2026legislature
  3. Signed By Governor

    6/30/2026Governor
  4. Ratified R 268

    6/29/2026legislature
  5. Ordered enrolled for ratification

    6/25/2026Senate
  6. Roll call Ayes-38 Nays-0

    6/25/2026Senate
  7. Conference report received and adopted

    6/25/2026Senate
  8. Roll call Yeas-104 Nays-0

    6/25/2026House
  9. Conference report received and adopted

    6/25/2026House
  10. Conference committee appointed Campsen, Elliott, Ott

    5/14/2026Senate
  11. House insists upon amendment and conference committee appointed Reps. Herbkersman, Bradley, Anderson

    5/14/2026House
  12. Non-concurrence in House amendment

    5/14/2026Senate
  13. Roll call Yeas-112 Nays-0

    5/13/2026House
  14. Returned to Senate with amendments

    5/13/2026House
  15. Senate amendment amended

    5/13/2026House
  16. Debate adjourned

    5/12/2026House
  17. Read third time and returned to House with amendments

    5/7/2026Senate
  18. Scrivener's error corrected

    5/7/2026legislature
  19. Roll call Ayes-40 Nays-0

    5/6/2026Senate
  20. Read second time

    5/6/2026Senate
  21. Amended

    5/6/2026Senate
  22. Committee Amendment Adopted

    5/6/2026Senate
  23. Committee report: Favorable with amendment Judiciary

    4/29/2026Senate
  24. Referred to Committee on Judiciary

    3/11/2025Senate
  25. Introduced and read first time

    3/11/2025Senate

Bill Text

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