South Dakota 2025 Regular Session

South Dakota Senate Bill SB210 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.100.11 100th Legislative Session 210
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4	4	2025 South Dakota Legislature
5	5	Senate Bill 210
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10	10
11	11
12	12	Introduced by: Senator Peterson (Sue)
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14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to clarify the Interim Rules Review Committee's oversight of emergency 1
17	17	rulemaking. 2
18	18	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19	19	Section 1. That a NEW SECTION be added to chapter 1-26: 4
20	20	An emergency rule may not become effective unless the Interim Rules Review 5
21	21	Committee declares the rulemaking process complete at an emergency meeting. 6
22	22	Within seventy-two hours of when all the requirements of § 1-26-5 have been met, 7
23	23	the Interim Rules Review Committee must convene an emergency meeting via 8
24	24	teleconference. At the meeting, the committee shall review the proposed emergency rule 9
25	25	and determine whether, pursuant to § 1-26-5: 10
26	26	(1) The agency proposing the rule complied with the emergency rulemaking 11
27	27	procedure; 12
28	28	(2) The rule is necessary; and 13
29	29	(3) The procedure is not being used for a prohibited purpose. 14
30	30	Notice of the proposed emergency meeting must be posted on the website of the 15
31	31	Legislative Research Council at least twenty-four hours prior to the meeting. The council 16
32	32	shall e-mail the notice to each person who has made a timely request for advance notice 17
33	33	of emergency meetings. 18
34	34	Section 2. That § 1-25-1.5 be AMENDED: 19
35	35	1-25-1.5. Any official meeting may be conducted by teleconference. A 20
36	36	teleconference may be used to conduct a hearing or take final disposition regarding an 21
37	37	administrative rule pursuant to § 1-26-4 or section 1 of this Act. A member is deemed 22
38	38	present if the member answers present to the roll call conducted by teleconference for the 23
39	39	purpose of determining a quorum. Each vote at an official meeting held by teleconference 24 25.100.11 2 210
40	40	Underscores indicate new language.
41	41	Overstrikes indicate deleted language.
42	42	may be taken by voice vote. If any member votes in the negative, the vote shall proceed 1
43	43	to a roll call vote. 2
44	44	Section 3. That § 1-26-4.4 be AMENDED: 3
45	45	1-26-4.4. If an act of the Legislature, which becomes effective on the date set by 4
46	46	§ 2-14-16, contains an authorization for an agency to promulgate rules, the agency may 5
47	47	perform the acts specified in § 1-26-4 or 1-26-5 and section 1 of this Act any time after 6
48	48	the Governor has signed the act containing the authorization to promulgate rules. 7
49	49	However, theThe rules do not become effective until the act authorizing the agency to 8
50	50	promulgate rules is effective. 9
51	51	Section 4. That § 1-26-5 be AMENDED: 10
52	52	1-26-5. Prior to the adoption or amendment of an emergency rule, an agency shall 11
53	53	publish a notice of intent to adopt an emergency rule in the manner prescribed in § 1-26-12
54	54	4.1 and shall electronically serve on the person specified by in subdivision 1-26-4(1), each 13
55	55	member of the Interim Rules Review Committee, and the director: 14
56	56	(1) A copy of the proposed rule, which shall bear bearing a special number to 15
57	57	distinguish it from a permanent rule; 16
58	58	(2) Any publication described in § 1-26-6.6, which shall must be returned to the 17
59	59	agency upon completion of the director's review and retained by the agency; and 18
60	60	(3) A statement, with the reasons, that the emergency procedure is necessary:because 19
61	61	(a) Because of imminent peril to the public health, safety, or welfare; to 20
62	62	(b) To prevent substantial unforeseen financial loss to state government; 21
63	63	orbecause 22
64	64	(c) Because of the occurrence of an unforeseen event at a time when the 23
65	65	adoption of a rule in response to such event by the emergency procedure 24
66	66	is required to secure or protect the best interests of the state or its 25
67	67	residents. 26
68	68	Any agency may use the emergency rule adoption procedure. However, no No 27
69	69	agency may use the emergency rule adoption procedure for the convenience of the agency 28
70	70	merely to avoid the consequences for failing to timely promulgate rules. Without 29
71	71	subsequent authorization in law or significantly changed circumstances, during the 30
72	72	pendency of an emergency, the agency is barred from proposing another emergency rule 31
73	73	that is substantially similar to an emergency rule the Interim Rules Review Committee 32
74	74	rejected. 33 25.100.11 3 210
75	75	Underscores indicate new language.
76	76	Overstrikes indicate deleted language.
77	77	Section 5. That § 1-26-6 be AMENDED: 1
78	78	1-26-6. The adoption, amendment, or repeal of a rule is complete when: 2
79	79	(1) All the requirements of § 1-26-4 have been completed or, if the rule is an 3
80	80	emergency rule, three days have one day has passed since all the requirements of 4
81	81	§ 1-26-5 and section 1 of this Act have been complied with; 5
82	82	(2) It has been signed by a majority of the members of the multi-member body or by 6
83	83	the officer having the authority to adopt it; 7
84	84	(3) It has been signed by the director; 8
85	85	(4) A copy has been filed with the director, in a form prescribed by the director to show 9
86	86	amendments, deletions, and other changes to existing rules, for use in preparation 10
87	87	of copy for the Administrative Rules of South Dakota; 11
88	88	(5) The rule and a certificate have been filed with the secretary of state. The certificate 12
89	89	shall affirm that the rule filed is a true and correct copy of the rule as adopted and 13
90	90	that the agency has complied with § 1-26-4, or 1-26-5 and section 1 of this Act, 14
91	91	and with this section; and 15
92	92	(6) For a permanent rule, the agency has appeared and presented the proposed rule 16
93	93	to the Interim Rules Review Committee. 17
94	94	Certificates required by this section shall be affidavits executed, under oath, by the 18
95	95	officers authorized by statute to promulgate the rule. If a rule is promulgated by a 19
96	96	multi-member body, the certificate shall be signed by its presiding officer. 20
97	97	Emergency rules are provisionally effective immediately after being filed. 21
98	98	Notwithstanding § 15-6-6(a), all other rules are provisionally effective on the twentieth 22
99	99	day after being filed, not counting the day of filing. In either case a later effective date 23
100	100	may be specified as part of the rules being filed. A rule which is not yet effective or a 24
101	101	provisionally effective rule may be suspended in the manner specified by § 1-26-38 any 25
102	102	time prior to the first day of July of the year following the year in which it became, or 26
103	103	would have become, effective. The rule's provisional status ends at that time, and the rule 27
104	104	may not thereafter be suspended by the rules committee. Unless suspended, a 28
105	105	provisionally effective rule shall be enforced by the agency and the courts as if it were not 29
106	106	so conditioned. 30
107	107	No rule promulgated after June 30, 1975, is valid unless adopted in compliance 31
108	108	with § 1-26-4 or 1-26-5, and this section and copies of the rule are made available to the 32
109	109	public upon request, by the agency. No rule promulgated after June 30, 2025, is valid 33
110	110	unless adopted in compliance with § 1-26-4, or 1-26-5 and section 1 of this Act, and this 34 25.100.11 4 210
111	111	Underscores indicate new language.
112	112	Overstrikes indicate deleted language.
113	113	section and copies of the rule are made available to the public upon request, by the 1
114	114	agency. 2
115	115	Section 6. That § 1-26-6.5 be AMENDED: 3
116	116	1-26-6.5. The director shall review each rule for compliance with the requirements 4
117	117	for form, style, and clarity. The director shall review each rule for legality. The review for 5
118	118	legality is a determination that the rule is authorized by the standards provided in the 6
119	119	statutes cited by the agency to promulgate the rule. The director shall review the 7
120	120	statement of reasons that the emergency procedure is necessary. If the director finds 8
121	121	need for change, the director shall make the requirements known in writing to the agency 9
122	122	prior to the hearing or within three days forty-eight hours of when all the requirements of 10
123	123	§ 1-26-5 have been met in the case of emergency rules. 11
124	124	Section 7. That § 1-26-6.7 be AMENDED: 12
125	125	1-26-6.7. Once a rule has been adopted, it may not be amended, repealed, or 13
126	126	suspended except by compliance with § 1-26-4 or 1-26-5, and with § 1-26-6 this chapter, 14
127	127	even if it has not taken effect. 15