State of South Dakota
LEGISLATIVE ASSEMBLY, 2008
||HOUSE BILL NO. 1266 |
Introduced by: Representatives Hunt, Deadrick, Lust, and Thompson and Senators Hunhoff, Hundstad, and Smidt (Orville)
FOR AN ACT ENTITLED, An Act to require standards for the exercise of delegated legislative authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 2-14 be amended by adding thereto a NEW SECTION to read as follows:
Whenever a statute delegates quasi-legislative authority to an administrative agency to carry out legislative objectives by promulgating an administrative rule pursuant to chapter 1-26, the statute shall provide an intelligible standard to guide the agency in the exercise of the delegated legislative authority. Any statute that delegates an absolute, unregulated, or undefined discretion to an administrative agency is considered to be an unlawful delegation of legislative authority.
|250 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.04 per page.
|Insertions into existing statutes are indicated by underscores.|
Deletions from existing statutes are indicated by