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COMMITTEE REPORT
April 10, 2002
H. 3706
Introduced by Reps. 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, 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
S. Printed 4/10/02--S.
Read the first time April 24, 2001.
To whom was referred a Bill (H. 3706) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/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."
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."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR. for Committee.
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 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE SCIENTIFIC OR TECHNICAL BASIS AND STUDIES USED IN DEVELOPING THE REGULATIONS, INCLUDING A SUMMARY OF THESE STUDIES, COPIES OF WHICH ALSO MUST BE AVAILABLE TO THE PUBLIC.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-110(A) of the 1976 Code, as last amended by Act 411 of 1996, is amended by adding at the end:
"(h) for a regulation promulgated by the Department of Health and Environmental Control, a statement of the scientific or technical basis, or both, for the provisions of the regulation, including a list and summary of the scientific or technical studies, or both, if any relied on by the Department of Health and Environmental Control in developing the regulation and a statement as to whether these studies are peer-reviewed. Copies of these studies, including the underlying data if the data is in the possession of the Department of Health and Environmental Control, must be made available to the public upon request, and the Department of Health and Environmental Control must include notice that copies of the studies are available from the department. The Department of Health and Environmental Control may charge a reasonable fee to cover the costs associated with this distribution. If no studies were relied on in developing the regulation, the Department of Health and Environmental Control shall include a statement to that effect and an explanation of why no scientific or technical studies were relied on in developing the regulation. This item does not apply to regulations which are not subject to the General Assembly review under Section 1-23-120."
SECTION 2. Section 1-23-120(B) of the 1976 Code, as last amended by Act 507 of 1992, is amended by adding at the end:
"(6) for a regulation promulgated by the Department of Health and Environmental Control, a detailed statement of the scientific or technical basis, or both, for the provisions of the regulation and a summary of all scientific or technical studies, or both, if any, relied on by the Department of Health and Environmental Control in developing the regulation. If no studies were relied on, the Department of Health and Environmental Control must include a statement to that effect and an explanation of why no studies were relied on in developing the regulation. If requested by a member of the committee to which the regulation is referred, the Department of Health and Environmental Control must provide copies to the member of these studies, including the underlying data if the data is in the possession of the department."
SECTION 3. This act takes effect upon approval by the Governor.
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