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 after all requirements of the existing law are met. The Committee will assess whether the proposing agency has complied with the emergency rulemaking procedures, if the rule is necessary, and if the procedure is not being misused. Additionally, the bill mandates that notice of the emergency meeting be posted online and emailed to individuals who have requested advance notice.

Several amendments are made to existing laws regarding the rulemaking process. Notably, the bill specifies that emergency rules are provisionally effective immediately after filing, and it introduces a requirement for agencies to provide a statement justifying the necessity of the emergency procedure. It also clarifies that no agency may use the emergency rule adoption procedure merely for convenience, and it restricts the proposal of similar emergency rules if a previous one was rejected. Furthermore, the bill updates the timeline for the director's review of emergency rules and emphasizes that compliance with the new provisions is necessary for the validity of rules promulgated after June 30, 2025.

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