SB 133 — provide additional legislative oversight of rulemaking.

26.586.1226.586.13 101st Legislative Session 133 South Dakota Legislature Senate Bill 133 SENATEENROLLED STATEA AFFAIRSN ENGROSSEDA IntroducedCT by:ENTITLED An Act to provide additional legislative oversight of rulemaking.

SenatorB PetersonE (Sue)IT AnENACTED ActBY toTHE provideLEGISLATURE additionalOF legislativeTHE oversightSTATE ofOF rulemaking.S OUTH D AKOTA :

B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :

(5) "Major rule," any proposed rule that is to have or is likely to have more than $3,000,000 in implementation and compliance costs incurred by or passed along to businesses, individuals, other nongovernmental entities, and units of local Overstrikes26.586.13 indicate2 deleted133 language.government as a result of the rule, over the two-year period following adoption of the rule;

26.586.12 2 133 government as a result of the rule, over the two-year period following adoption of the rule;

(6)(7)(7) "Person," all political subdivisions and agencies of the state;

(7)(8)(8) "Rule," each agency statement of general applicability that implements, interprets, or prescribes law, policy, procedure, or practice requirements of any agency.

and (8)(9)(9) "Substantial evidence," such relevant and competent evidence as a reasonable mind might accept as being sufficiently adequate to support a conclusion.

However, the committee is not required to hold a meeting if no submission has been made to committee members in accordance with OverstrikesSB133 indicateENROLLED deleted26.586.13 language.3 133 subdivision 1-26-4(8).

26.586.12 3 133 subdivision 1-26-4(8).

(2) After receiving the written approval of the secretary, commissioner, or officer to proceed, and at least twenty days before the public hearing, the agency shallshall: serve code:

(a) Serve code counsel with a copy of:of the proposed rule;

the proposed rule;

the impact statement on small business required by § 1-26-2.1;

and the notice of hearing required by § 1-26-4.1.1-26-4.1;

The copy of these documents must be served at least twenty days before the public hearing to adopt the proposed rule;

Any publication described in § 1-26-6.6 must be returned to the agency upon completion of the code counsel's review and retained by the agency.agency;

Twentyand days(b) beforeServe the publiccommissioner hearing,of the agencyBureau shallof serveFinance the;and Management with a copy of the proposed rule;

and Overstrikes indicate deleted language.

26.586.12 4 133 (b) Serve the commissioner of the Bureau of Finance and Management with a copy of:

the proposed rule;

the impact statement on small business required by § 1-26-2.1;

and the notice of hearing required by § 1-26-4.1, and the regulatory impact analysis required by section 5 of this Act;

SB133 ENROLLED 26.586.13 4 133 (3) At least twenty days before the public hearing, the agency shall:

and (b) Publish, on the agency's a single website designated by the Governor and maintained by the executive department, a copy of the proposed rule, any housing cost impact statement required by § 1-26-2.3, the notice of hearing required by § 1-26-4.1, the fiscal note required by § 1-26-4.2, and the regulatory impact analysis required by section 5 of this Act;

A proposed rule may be Overstrikesmodified indicateor deletedamended language.at this time to include or exclude matters that were described in the notice of hearing;

26.586.12and 5(8) 133The modifiedagency orshall, amended at thisleast timeseven todays includebefore orthe excludeagency mattersappears thatbefore werethe describedInterim inRules theReview noticeCommittee ofto hearing;present the rules:

and(a) (8)Serve Thethe agencyminutes shallof serve,the athearing, leasta sevencomplete daysrecord beforeof written comments, any housing cost impact statement, the agencyfiscal appearsnote, beforethe information required by § 1-26-4.8, the regulatory impact analysis required by section 5 of this SB133 ENROLLED 26.586.13 5 133 Act, and a corrected copy of the rule on the members of the Interim Rules Review Committee toand presenton thecode rules:counsel;

(a) Serve the minutes of the hearing, a complete record of written comments, the impact statement on small business, any housing cost impact statement, the fiscal note, the information required by § 1-26-4.8, the regulatory impact analysis required by section 5 of this Act, and a corrected copy of the rule on the members of the Interim Rules Review Committee and on code counsel at least seven days before the agency appears before the committee to present the rules;

The fiscal note must provide what effect, if any, the proposed rule will have on the revenues, expenditures, or fiscal liability of the state or its agenciesagencies. and subdivisions.

IfSection a5. proposed rule has a negative fiscal impact on a political subdivision, the agency must direct the bureau to transmit a copy of the bureau's fiscal note to the South Dakota Municipal League, the Associated School Boards of South Dakota, and the South Dakota Association of County Commissioners, as applicable, prior to the hearing.

Overstrikes indicate deleted language.

26.586.12 6 133 Section 5.

SB133 ENROLLED 26.586.13 6 133 (c) Estimated compliance costs for businesses, individuals, other nongovernmental entities, and units of local government;

Overstrikes(2) indicateDetermine deletedthere language.is sufficient legislative authority for the agency to implement the proposed rule and declare the rulemaking process complete;

26.586.12 7 133 (2) Determine there is sufficient legislative authority for the agency to implement the proposed rule and declare the rulemaking process complete;

Any legislation seeking to enact the substance of any proposed rule addressed pursuant to this section, whether in statute or as directed via the permanent rulemaking SB133 ENROLLED 26.586.13 7 133 process, must be denoted as having substance that was previously brought before the Interim Rules Review Committee as a major rule, and whether or not the Interim Rules Review Committee recommended enactment of that substance.

and (6) For a permanent rule, the agency has appeared and presented the proposed rule to the Interim Rules Review Committee;

and (7) For a permanent major rule on which the Interim Rules Review Committee does not make a determination of sufficient legislative authority pursuant to subdivision Overstrikes(2) indicateof deletedsection language.6 of this Act, statute specifically directs the enactment of the adoption, amendment, or repeal of the rule.

26.586.12 8 133 (2) of section 6 of this Act, statute specifically directs the enactment of the adoption, amendment, or repeal of the rule.