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State of South Dakota
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NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
| 973X0494 | HOUSE STATE AFFAIRS ENGROSSED NO. SB 104 - 03/02/2016 |
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Introduced by: Senators Vehle, Bradford, and Heineman (Phyllis) and Representatives Johns,
Gibson, and Hunhoff (Jean)
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FOR AN ACT ENTITLED, An Act to set the time period for when an agency may promulgate
rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-26-4.3 be amended to read:
1-26-4.3. No permanent rule may beadopted if more than seventy-five days have passed
from the date the public hearing on the rule commenced. The agency shall appear before filed
with the secretary of state without the review of the rule by the Interim Rules Review
Committee and present the proposed permanent rule to the committee within the
seventy-five-day period before the rule is filed with the secretary of state. If the Interim Rules
Review Committee fails to meet on the proposed permanent rule during the seventy-five-day
period, and if the agency has complied with subdivisions 1-26-6(1) to 1-26-6(4), inclusive, the
agency may complete the rules adoption process by complying with subdivision 1-26-6(5)
notwithstanding subdivision 1-26-6(6). No permanent rule may be filed with the secretary of
state if more than sixty days have passed from the date the Interim Rules Review Committee
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-26-4.3 be amended to read:
1-26-4.3. No permanent rule may be
adopts a motion that the rule-making process is complete. No emergency rule may be adopted if more than thirty days have passed from the date the notice of intent to adopt an emergency rule was published in the manner prescribed in § 1-26-4.1.
