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 being submitted to the Legislative Research Council. Specifically, it 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. Additionally, the bill mandates that the agency serve a copy of the proposed rule and related documents to the Governor and other officials, ensuring that these approvals are documented and included in the submission process.

Furthermore, the bill amends Section 1-26-5, which outlines the procedures for adopting emergency rules. It requires agencies to 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 emphasizes that emergency procedures should only be used in cases of imminent peril to public health, safety, or welfare, or to prevent unforeseen financial loss, and not 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