Bill > SB133

This bill, titled "Provide additional legislative oversight of rulemaking," aims to enhance the Legislature's review of new regulations proposed by state agencies. It introduces the concept of a "major rule," defined as a proposed rule expected to cost businesses, individuals, or local governments over $3 million in implementation and compliance costs within two years of adoption. Agencies will now be required to prepare a detailed "regulatory impact analysis" for all proposed permanent rules, which includes assessing whether the rule is a major rule, outlining its necessity, legal basis, alternatives, and a comprehensive cost-benefit evaluation, including impacts on small businesses. The Interim Rules Review Committee will consider this analysis and has the power to revert major rules for amendment, declare sufficient legislative authority for their implementation, or recommend that the rule be brought before the Legislature as a bill. Furthermore, the bill mandates that proposed rules, along with their regulatory impact analyses and fiscal notes, be published on a designated state website for public access, and clarifies that legislative direction to promulgate a major rule does not grant new statutory authority or waive existing claims against rule defects.

Government Affairs

https://sdlegislature.gov/#/Session/Bill/26885