An Act to provide an additional basis for the Interim Rules Review Committee to revert a proposed administrative rule.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 1-26-4.7 be AMENDED:
1-26-4.7. The Interim Rules Review Committee may require an agency to revert a proposed rule to any step in the adoption procedure provided in 1-26-4 if, in the judgment of the committee:
(1) TheIts
substance
of the proposed rule
has been significantly rewritten from
the
when it was
originally proposed
rule which
and the rewriting
was not the result of testimony received from the public hearing;
(2) The
proposed ruleIt
needs to be significantly rewritten in order to accomplish the intent
of the agency;
(3) The
proposed ruleIt
needs to be rewritten to address the recommendations or objections of
the Interim Rules Review Committee;
(4) The
proposed ruleIt
is not a valid exercise of delegated legislative authority;
(5) The
proposed ruleIt
is not in proper form;
(6) The notice given prior to
the proposed rule's
its adoption
was not sufficient to give adequate notice to persons likely to be
affected by
the proposed rule
it;
(7) The
proposed ruleIt
is not consistent with the expressed legislative intent pertaining to
the specific provision of law
which the proposed rule implements
that it is intended to implement;
(8) The
proposed ruleIt
is not a reasonable implementation of the law as it affects the
convenience of the general public or persons likely affected by
the proposed rule
it; or
(9) The
proposed ruleIt
may impose more than nominal costs upon a unit of local government or
school district when the unit of local government or school district
may not have sufficient funding to perform the activity required by
the proposed rule
it; or
(10) Its substance includes a policy that is contrary to a specific action taken by the Legislature.
If the committee requires an
agency to revert to any step in the adoption procedure pursuant to
this section, the time limitations set by chapter 1-26
shall also
revert to the same step.