SB 56 — require that agencies promulgating permanent rules publish the rules and associated rulemaking forms on a state website.

26.107.1026.107.11 101st Legislative Session 56 South Dakota Legislature Senate Bill 56 IntroducedENROLLED by:A N ACT ENTITLED An Act to require that agencies promulgating permanent rules publish the rules and associated rulemaking forms on a state website.

SenatorsB HowardE andIT LarsonENACTED andBY RepresentativesTHE Hansen,LEGISLATURE DeGroot,OF andTHE MuckeyS atTATE theOF requestS ofOUTH theD InterimAKOTA Rules: Review Committee An Act to require that agencies promulgating permanent rules publish the rules and associated rulemaking forms on a state website.

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

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

(a) Serve code counsel with a copy of:of the proposed rule, any publication described in § 1-26-6.6, the fiscal note required by § 1-26-4.2, the impact statement on small business required by § 1-26-2.1, any housing cost impact statement required by § 1-26-2.3, and the notice of hearing required by § 1-26-4.1.

theAny proposed rule;, any publication described in § 1-26-6.6;,1-26-6.6 themust fiscalbe notereturned requiredto by § 1-26-4.2;, the impactagency statementupon oncompletion smallof businessthe requiredcode bycounsel's §review 1-26-2.1;,and anyretained housing cost impact statement required by § 1-26-2.3;, and the noticeagency; of hearing required by § 1-26-4.1.

Theand (b) Serve the commissioner of the Bureau of Finance and Management with a copy of thesethe documentsproposed mustrule, bethe servedfiscal atnote leastrequired twentyby days§ before1-26-4.2, the publicimpact hearingstatement toon adoptsmall business required by § 1-26-2.1, any housing cost impact statement required by § 1-26-2.3, and the proposednotice rule.of hearing required by § 1-26-4.1;

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.

Twenty days before the public hearing, the agency shall serve;

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

the proposed rule;, the fiscal note required by § 1-26-4.2;, the impact statement on small business required by § 1-26-2.1;, any housing Overstrikes indicate deleted language.

26.107.10 2 56 cost impact statement required by § 1-26-2.3;, and the notice of hearing required by § 1-26-4.1;

26.107.11 2 56 (a) Publish the notice of hearing in the manner prescribed by § 1-26-4.1;

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, the impact statement on small business required by § 1-26-2.1, any housing cost impact statement required by § 1-26-2.3, the notice of hearing required by § 1-26-4.1, and the fiscal note required by § 1-26-4.2;

If the authority promulgating the rule is a board, commission, committee, or task force, each interested person shall must submit written comments at least seventy-two hours before the public hearing.

and (8) The agency shallshall, serve, at least seven days before the agency appears before the Interim Rules Review Committee to present the rules:

Overstrikes(a) indicateServe deletedthe language.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 agency financial resource information SB56 ENROLLED 26.107.11 3 56 required by § 1-26-4.8, and a corrected copy of the rule on the members of the Interim Rules Review Committee and on code counsel;

26.107.10 3 56 (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 agency financial resource information required by § 1-26-4.8, 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;

and (6) The rule and the certificate have been published on the website described in subsection 1-26-4(3)(b);

OverstrikesA indicatecertificate deletedrequired language.by this section must be an affidavit executed, under oath, by the officer authorized by statute to promulgate the rule.

26.107.10 4 56 A certificate required by this section must be an affidavit executed, under oath, by the officer authorized by statute to promulgate the rule.

Notwithstanding § 15-6-6(a), all other rules are provisionally effective on the twentieth SB56 ENROLLED 26.107.11 4 56 day after being filed, not counting the day of filing.

UnderscoresSB56 indicateENROLLED new26.107.11 language.5 56 An Act to require that agencies promulgating permanent rules publish the rules and associated rulemaking forms on a state website.

OverstrikesReceived indicateat deletedthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

56 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

56 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB56 ENROLLED