This bill amends existing South Dakota law regarding the process for adopting, amending, or repealing permanent and emergency administrative rules. It requires that every permanent or emergency rule proposal must receive written approval from an elected official, specifically the Governor, before it can be submitted to the Legislative Research Council. The amendments to Section 1-26-4 include the insertion of language that mandates the agency to serve a copy of the proposed rule and related documents to the Governor after obtaining approval from the departmental secretary or bureau commissioner. Additionally, the agency must now include the written approvals in the documents served to the director and the Bureau of Finance and Management.

In Section 1-26-5, the bill further stipulates that prior to adopting or amending an emergency rule, an agency must publish a notice of intent and serve copies of the proposed rule, any relevant publications, and the written approvals from applicable officials. The bill also clarifies the conditions under which an emergency rule can be adopted, emphasizing that it cannot be used merely for the convenience of the agency. Overall, these changes aim to enhance oversight and accountability in the rule-making process by ensuring that elected officials are involved in the approval of administrative rules.

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