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 agency is required to serve the Governor with a copy of the proposed rule and other relevant documents, including written approvals, at least twenty days prior to the public hearing.

Furthermore, the bill amends Section 1-26-5, which outlines the process 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 written approvals from applicable officials, to the Interim Rules Review Committee and the director. 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. 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