H*3706(Rat #0272, Act #0231 of 2002)  General Bill, By Loftis, Knotts, Simrill, 
Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, 
Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, 
Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, 
Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, 
Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, 
Meacham-Richardson, Merrill, Miller, J.M. Neal, D. Owens, Perry, Phillips, 
Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, 
D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Smith, Snow, Stille, 
Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, 
White, Witherspoon, A. Young and J. Young
 A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS
 OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND
 INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE
 PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE AGENCY
 PROMULGATING THE REGULATION TO INCLUDE THE LOCATION WHERE A PERSON COULD
 OBTAIN FROM THE AGENCY A DETAILED STATEMENT OF RATIONALE STATING THE BASIS FOR
 THE REGULATION INCLUDING THE SCIENTIFIC OR TECHNICAL BASIS FOR THE REGULATION
 AND STUDIES, REPORTS, POLICIES, OR STATEMENTS OF PROFESSIONAL JUDGMENT OR
 ADMINISTRATIVE NEED RELIED UPON IN DEVELOPING THE REGULATIONS.-amended title

   03/14/01  House  Introduced and read first time HJ-6
   03/14/01  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-6
   03/21/01  House  Recalled from Committee on Medical, Military,
                     Public and Municipal Affairs HJ-28
   03/21/01  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-28
   04/11/01  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-3
   04/18/01  House  Read second time HJ-44
   04/19/01  House  Read third time and sent to Senate HJ-25
   04/24/01  Senate Introduced and read first time SJ-18
   04/24/01  Senate Referred to Committee on Medical Affairs SJ-18
   04/10/02  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-15
   04/11/02  Senate Amended SJ-21
   04/11/02  Senate Read second time SJ-21
   04/11/02  Senate Ordered to third reading with notice of
                     amendments SJ-21
   04/16/02  Senate Read third time and returned to House with
                     amendments SJ-22
   04/24/02  House  Concurred in Senate amendment and enrolled HJ-28
   04/25/02         Ratified R 272
   05/02/02         Became law without Governor's signature
   05/14/02         Act No. 231
   06/25/02         Effective date 5/2/02
   06/25/02         Copies available

AN ACT TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE AGENCY PROMULGATING THE REGULATION TO INCLUDE THE LOCATION WHERE A PERSON COULD OBTAIN FROM THE AGENCY A DETAILED STATEMENT OF RATIONALE STATING THE BASIS FOR THE REGULATION INCLUDING THE SCIENTIFIC OR TECHNICAL BASIS FOR THE REGULATION AND STUDIES, REPORTS, POLICIES, OR STATEMENTS OF PROFESSIONAL JUDGMENT OR ADMINISTRATIVE NEED RELIED UPON IN DEVELOPING THE REGULATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Statement of rationale for regulations required to be available to the public

SECTION 1. Section 1-23-110(A)(3) of the 1976 Code, as last amended by Act 411 of 1996, is further amended by adding at the end:

"(h) the location where a person may obtain from the agency a copy of the detailed statement of rationale as required by this item. For new regulations and significant amendments to existing regulations, an agency shall prepare and make available to the public upon request a detailed statement of rationale which shall state the basis for the regulation, including the scientific or technical basis, if any, and shall identify any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the regulation. This subitem does not apply to regulations which are not subject to General Assembly review under Section 1-23-120."

Statement of rationale for regulations required to be available to the public

SECTION 2. Section 1-23-120(B) of the 1976 Code, as last amended by Act 507 of 1992, is further amended by adding at the end:

"(6) a detailed statement of rationale which shall state the basis for the regulation, including the scientific or technical basis, if any, and shall identify any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the regulation."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 25th day of April, 2002.

Became law without the signature of the Governor -- 5/2/02.