The bill amends South Dakota's administrative rule-making process by requiring that every permanent or emergency rule proposal must receive approval from an elected official before it is submitted to the Legislative Research Council. Specifically, the bill modifies Section 1-26-4 to stipulate that after an agency obtains written approval from the relevant departmental secretary or bureau commissioner, it must also seek the Governor's approval before proceeding with the rule. Additionally, the bill mandates that the agency must serve the Governor with a copy of the proposed rule and any related publications, as well as the written approvals from the initial review process.

Furthermore, the bill amends Section 1-26-5, which outlines the procedures for adopting emergency rules. It specifies that agencies must publish a notice of intent to adopt an emergency rule and serve copies of the proposed rule, along with any necessary publications and written approvals, to specified individuals, including members of the Interim Rules Review Committee. The bill also clarifies the conditions under which an emergency rule can be adopted, emphasizing that it must be necessary due to imminent peril to public health, safety, or welfare, or to prevent unforeseen financial loss to the state. Overall, these changes aim to enhance oversight and accountability in the rule-making process.

Statutes affected:
Introduced, 01/30/2025: 1-26-4, 1-26-5