2018 House Bill 1255 - House

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

496Z0627   HOUSE ENGROSSED    NO.  HB 1255 -  2/14/2018  

Introduced by:    Representatives Hunhoff, Bartling, Brunner, DiSanto, Goodwin, Haugaard, Heinemann, Howard, Latterell, Pischke, Reed, Schoenfish, and Willadsen and Senators Russell, Curd, Greenfield (Brock), Maher, Nelson, and Wiik
 

        FOR AN ACT ENTITLED, An Act to revise the authority of the interim Rules Review Committee to revert a rule to any step in the rules adoption process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 1-26-4.7 be amended to read:
    1-26-4.7. The Interim Rules Review Committee may require an agency to revert to any step in the adoption procedure provided in § 1-26-4 if, in the judgment of the committee:
            (1)    The substance of the proposed rule has been significantly rewritten from the originally proposed rule which was not the result of testimony received from the public hearing;
            (2)    The proposed rule needs to be significantly rewritten in order to accomplish the intent of the agency;
            (3)    The proposed rule needs to be rewritten to address the recommendations or objections of the Interim Rules Review Committee;
            (4)    The proposed rule is not a valid exercise of delegated legislative authority;
            (5)    The proposed rule is not in proper form;
            (6)    The notice given prior to the proposed rule's adoption was not sufficient to give adequate notice to persons likely to be affected by the proposed rule;
            (7)    The proposed rule is not consistent with the expressed legislative intent pertaining to the specific provision of law which the proposed rule implements;
            (8)    The proposed rule is not a reasonable implementation of the law as it affects the convenience of the general public or persons likely affected by the proposed rule; or
            (9)    The proposed rule may impose more than nominal costs upon a unit of local government or school district when the unit of local government or school district may not have sufficient funding to perform the activity required by the proposed rule; or
            (10)    The proposed rule expands the scope of a benefit program before the proposed expansion of the program has been presented to the Legislature in which case the committee can require as a condition of the reversion that the proposed rule be considered and approved by the joint appropriations committee.
    If the committee requires an agency to revert to any step in the adoption procedure pursuant to this section, the time limitations set by chapter 1-26 shall also revert to the same step.

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