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