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.

Several amendments are made to existing laws regarding the rulemaking process. Notably, the bill specifies that the adoption of emergency rules is contingent upon the completion of certain requirements, including a review by the director for compliance with form, style, clarity, and legality. It also clarifies that no agency may use the emergency rule adoption procedure merely for convenience, and it prohibits proposing another emergency rule that is substantially similar to one rejected by the Committee without new authorization or changed circumstances. Furthermore, the bill sets a deadline for compliance with the new provisions, stating that rules promulgated after June 30, 2025, must adhere to the updated requirements.

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