Playing with Scissors, 0114 SCBJ, SC Lawyer, July 2014, #5

AuthorJohn Carroll

Playing with Scissors

Vol. 25 Issue 4 Pg. 16

South Carolina Bar Journal

January, 2014

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Regulatory Review Task Force Explores Cutting Red Tape

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0 John Carroll

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0"If you have ten thousand regulations, you destroy all respect for the law." —Winston Churchill

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The creation and purpose of the task force

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Another year means another legislative session and another day on the job for most regulatory and government affairs attorneys in South Carolina. Year after year, lobbyists and lawyers are seen working in all corners of the statehouse and state agencies, seeking out decision makers with the intent to plant ideas that may make a bill or regulation better suited for the needs of their clients. Good government affairs attorneys understand that moving new legislation usually represents a victory for lawmakers, since the supporting lawmaker will have a new bullet point to add to his or her reelection web page. Every year, more and more rules are generated and more talking points emerge. This system seems like a win-win for statehouse insiders, but after decades of rampant rule making, South Carolina's small business community finds itself swimming in regulatory red tape.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Major corporations located in South Carolina, like BMW and Boeing, have the necessary legal staff and resources to comply with most new policies that the General Assembly and regulatory agencies may lob at them. However, for the small business community, new rules can quickly become burdensome and could stifle statewide economic growth. Gov. Nikki Haley acknowledged the issue during her third State of the State address on January 16, 2013.[1]

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0"[W]hile the legislature convenes annually to look at new legislation and regulations, I know of no joint legislative and executive effort that comes together to look at removing regulations that stymie the private sector and hold our economy back. That changes this year."

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0During the same speech, the Governor announced that she would assemble a task force designed to bring the executive branch, the legislature, regulatory agencies and the business community together in order to rollback regulations that can harm economic growth. On February 12, 2013, Gov. Haley signed Executive Order 2013-02, which created an 11-member Regulatory Review Task Force. The task force included members of the legislature from both political parties, various industry stakeholders, and representatives from the conservation and health care communities. Its mission was to generate a report to the Governor that made recommendations identifying any statutes, regulations or internal agency policies that could be folded to help South Carolina businesses succeed. The order required the task force to consider input from all government agencies, as well as input from the private sector.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0It is largely expected that the Governor will support actual legislation resulting from the task...

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