The bill aims to enhance the oversight of emergency rulemaking by the Interim Rules Review Committee in South Dakota. It establishes that an emergency rule cannot take effect until the Committee declares the rulemaking process complete during an emergency meeting, which must occur within seventy-two hours of meeting all requirements. The Committee is tasked with reviewing the proposed emergency rule to ensure compliance with the emergency rulemaking procedure, necessity, and that the procedure is not being misused. Additionally, the bill mandates that notice of the emergency meeting be posted online and emailed to those who have requested advance notice.
Furthermore, the bill amends several sections of existing law to incorporate these new requirements. It specifies that the adoption of emergency rules is contingent upon compliance with the new provisions, including a requirement for a statement justifying the necessity of the emergency procedure. The amendments also clarify that no agency may use the emergency rule adoption procedure merely for convenience and restricts the proposal of similar emergency rules if a previous one has been rejected. The bill ultimately aims to ensure that emergency rules are adopted transparently and with appropriate oversight.
Statutes affected: Introduced, 02/05/2025: 1-25-1.5, 1-26-4.4, 1-26-5, 1-26-6, 1-26-6.5, 1-26-6.7