AN ACT
ENTITLED, An Act to modify the requirements relating to the publication of the administrative
rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-26A-1 be amended to read as follows:
1-26A-1. The Legislative Research Council shall publish from time to time, the Administrative Rules of South Dakota, which shall contain permanent rules of general application promulgated pursuant to chapter 1-26. In preparing the text of the rules for publication, the Legislative Research Council shall make such changes as may be necessary to correct apparent errors, to correlate and integrate all the rules, to harmonize, to assign a new title and other designation, and to eliminate or clarify obviously obsolete or ambiguous rules and rules declared invalid by the South Dakota Supreme Court or the United States Supreme Court. The Legislative Research Council may substitute terms or phraseology, and names of boards, commissions, and agencies, wherever the Legislature has expressly or by implication indicated an intention to do so. The publication may also contain information concerning executive orders, agreements made pursuant to chapter 1-24, agreements and changes made pursuant to chapter 1-32, and court rules, of permanent and general application which are not otherwise generally available to the public. The Legislative Research Council shall also publish at periodic intervals, the South Dakota Register which shall contain notices of hearings on proposed rules at least ten days prior to hearing, notices of rules filed in the secretary of state's office and other information relating to agency and judicial rules and executive actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-26A-1 be amended to read as follows:
1-26A-1. The Legislative Research Council shall publish from time to time, the Administrative Rules of South Dakota, which shall contain permanent rules of general application promulgated pursuant to chapter 1-26. In preparing the text of the rules for publication, the Legislative Research Council shall make such changes as may be necessary to correct apparent errors, to correlate and integrate all the rules, to harmonize, to assign a new title and other designation, and to eliminate or clarify obviously obsolete or ambiguous rules and rules declared invalid by the South Dakota Supreme Court or the United States Supreme Court. The Legislative Research Council may substitute terms or phraseology, and names of boards, commissions, and agencies, wherever the Legislature has expressly or by implication indicated an intention to do so. The publication may also contain information concerning executive orders, agreements made pursuant to chapter 1-24, agreements and changes made pursuant to chapter 1-32, and court rules, of permanent and general application which are not otherwise generally available to the public. The Legislative Research Council shall also publish at periodic intervals, the South Dakota Register which shall contain notices of hearings on proposed rules at least ten days prior to hearing, notices of rules filed in the secretary of state's office and other information relating to agency and judicial rules and executive actions.
The Legislative Research Council shall prepare the manuscripts for the rules and the register and
supervise their publication.
Section 2. That § 1-26A-2 be amended to read as follows:
1-26A-2.
Section 2. That § 1-26A-2 be amended to read as follows:
1-26A-2.
The compilation of rules known as the Administrative Rules of South Dakota, prepared by the
Legislative Research Council under the authority of § 1-26A-1 and filed with the secretary of state,
exclusive of its analyses and notes, are the official rules of all state executive agencies.
Section 3. That § 1-26A-3 be amended to read as follows:
1-26A-3. Within one year of the effective date of a rule, an action or proceeding may be brought to contest the legality of any rule for the failure of the agency to comply with the procedural requirements of chapter 1-26. However, this section does not restrict a person's right to initiate an action or proceeding to challenge the legality of the substance of any rule.
Section 4. That § 1-26A-6 be amended to read as follows:
1-26A-6. The secretary of state shall keep a copy of the administrative rules published pursuant to §§ 1-26A-1 and 1-26A-2, from which to make certified copies.
Section 5. That § 1-26A-7 be amended to read as follows:
1-26A-7. The Administrative Rules of South Dakota as amended, printed, and published pursuant to law, shall be known as the Administrative Rules of South Dakota, and shall be cited as "(year of publication) ARSD" followed by the appropriate number of the title, article, chapter, or section.
Section 6. That § 1-26A-9 be amended to read as follows:
1-26A-9. Any reference to the Administrative Rules of South Dakota in the South Dakota Codified Laws or in the Administrative Rules of South Dakota shall be construed to be a reference to the administrative rules published pursuant to § 1-26A-2.
Section 7. That § 1-26A-1.1 be repealed.
Section 8. That § 1-26A-1.2 be repealed.
Section 9. That § 1-26A-1.3 be repealed.
Section 10. That § 1-26A-1.4 be repealed.
Section 11. That § 1-26A-1.5 be repealed.
Section 12. That § 1-26A-1.6 be repealed.
Section 13. That § 1-26A-1.7 be repealed.
Section 14. That § 1-26A-1.8 be repealed.
Section 15. That § 1-26A-1.9 be repealed.
Section 16. That § 1-26A-1.10 be repealed.
Section 17. That § 1-26A-1.11 be repealed.
Section 18. That § 1-26A-1.12 be repealed.
Section 19. That § 1-26A-1.13 be repealed.
Section 20. That § 1-26A-4 be repealed.
Section 21. That § 1-26A-5 be repealed.
An Act to modify the requirements relating to the publication of the administrative rules.
Section 3. That § 1-26A-3 be amended to read as follows:
1-26A-3. Within one year of the effective date of a rule, an action or proceeding may be brought to contest the legality of any rule for the failure of the agency to comply with the procedural requirements of chapter 1-26. However, this section does not restrict a person's right to initiate an action or proceeding to challenge the legality of the substance of any rule.
Section 4. That § 1-26A-6 be amended to read as follows:
1-26A-6. The secretary of state shall keep a copy of the administrative rules published pursuant to §§ 1-26A-1 and 1-26A-2, from which to make certified copies.
Section 5. That § 1-26A-7 be amended to read as follows:
1-26A-7. The Administrative Rules of South Dakota as amended, printed, and published pursuant to law, shall be known as the Administrative Rules of South Dakota, and shall be cited as "(year of publication) ARSD" followed by the appropriate number of the title, article, chapter, or section.
Section 6. That § 1-26A-9 be amended to read as follows:
1-26A-9. Any reference to the Administrative Rules of South Dakota in the South Dakota Codified Laws or in the Administrative Rules of South Dakota shall be construed to be a reference to the administrative rules published pursuant to § 1-26A-2.
Section 7. That § 1-26A-1.1 be repealed.
Section 8. That § 1-26A-1.2 be repealed.
Section 9. That § 1-26A-1.3 be repealed.
Section 10. That § 1-26A-1.4 be repealed.
Section 11. That § 1-26A-1.5 be repealed.
Section 12. That § 1-26A-1.6 be repealed.
Section 13. That § 1-26A-1.7 be repealed.
Section 14. That § 1-26A-1.8 be repealed.
Section 15. That § 1-26A-1.9 be repealed.
Section 16. That § 1-26A-1.10 be repealed.
Section 17. That § 1-26A-1.11 be repealed.
Section 18. That § 1-26A-1.12 be repealed.
Section 19. That § 1-26A-1.13 be repealed.
Section 20. That § 1-26A-4 be repealed.
Section 21. That § 1-26A-5 be repealed.
An Act to modify the requirements relating to the publication of the administrative rules.
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I certify that the attached Act originated in the
SENATE as Bill No. 71
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 71 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
