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Committee Amendment Adopted
April 11, 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 4/11/02--S.
Read the first time April 24, 2001.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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.
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