South Dakota Senate Bill SB182

South Dakota 2025 Regular Session

• Introduced: 1/30/25
• Refer: 2/3/25

Caption

Require every permanent or emergency administrative rule proposal to receive the approval of an elected official before submission to the Legislative Research Council.

Impact

The bill affects current statutes regarding the procedural steps required for adopting, amending, or repealing administrative rules in South Dakota. By involving elected officials in the initial stages of rule proposal submissions, SB182 seeks to reinforce the democratic process and align administrative actions more closely with the interests of the public as represented by their elected officials. This could potentially limit state agencies' autonomy in implementing regulations, as they will need to navigate the approval processes set out by elected officials first.

Summary

Senate Bill 182, introduced by Senator Sue Peterson, mandates that every permanent or emergency administrative rule proposal must receive prior approval from an elected official before it can be submitted to the Legislative Research Council. This requirement aims to enhance accountability and oversight in the rulemaking process by ensuring that elected officials' discretion is involved before any regulatory action can be taken by state agencies. This change is intended to address concerns about the transparency and appropriateness of administrative regulations.

Conclusion

As the legislative process continues, the discussions and potential amendments to this bill will highlight the ongoing tension between efficient governance and democratic accountability. SB182 represents an important step in how administrative rules are formed in South Dakota, with possible implications for governance efficiency and the effectiveness of state agencies.

Contention

Proponents of the bill argue that it will lead to more representative governance by ensuring that regulations reflect the will of elected representatives rather than bureaucratic decision-making alone. However, there are concerns from opponents who fear that this additional layer of bureaucracy could slow down the rulemaking process and hinder the government's ability to respond swiftly to emerging issues, especially in emergencies where timely interventions are crucial. Some critics also express that it may lead to political influences over technical regulatory decisions, complicating straightforward governance.