The amendment primarily made technical edits to clean up formatting and grammar (changing semicolons to commas, "shall serve" to "shall," and "shall" to "must"), and shifted where agencies must publish proposed rules from their own websites to a single state website designated by the Governor and maintained by the executive department. This NARROWS and CENTRALIZES the bill's original purpose by consolidating rule publication into one government-controlled website rather than allowing individual agencies to manage their own.
26.107.10 26.107.11 101st Legislative Session 56 2026 South Dakota Legislature Senate Bill 56 Introduced by: Senators Howard and Larson and Representatives Hansen, DeGroot, and Muckey at the request of the Interim Rules Review Committee Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to require that agencies promulgating permanent rules publish the rules and 1 associated rulemaking forms on a state website. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 1-26-4 be AMENDED: 4 1-26-4. The following notice, service, and public hearing procedure must be used 5 to adopt, amend, or repeal a permanent rule: 6 (1) An agency shall serve a copy of a proposed rule and any publication described in 7 § 1-26-6.6 upon the departmental secretary, bureau commissioner, public utilities 8 commissioner, or constitutional officer to which it is attached for the secretary's, 9 commissioner's, or officer's written approval to proceed; 10 (2) After receiving the written approval of the secretary, commissioner, or officer to 11 proceed, the agency, at least twenty days before the public hearing to adopt the 12 proposed rule, shall serve: 13 shall: (a) Serve code counsel with a copy of: of the proposed rule;, rule, any publication 14 described in § 1-26-6.6;, 1-26-6.6, the fiscal note required by § 1-26-4.2;, 1-26-4.2, the impact 15 statement on small business required by § 1-26-2.1;, 1-26-2.1, any housing cost 16 impact statement required by § 1-26-2.3;, 1-26-2.3, and the notice of hearing 17 required by § 1-26-4.1. The copy of these documents must be served at 18 least twenty days before the public hearing to adopt the proposed rule. Any 19 publication described in § 1-26-6.6 must be returned to the agency upon 20 completion of the code counsel's review and retained by the agency. Twenty 21 days before the public hearing, the agency shall serve; agency; and 22 (b) Serve the commissioner of the Bureau of Finance and Management with a 23 copy of: of the proposed rule;, rule, the fiscal note required by § 1-26-4.2;, 1-26-4.2, the 24 impact statement on small business required by § 1-26-2.1;, 1-26-2.1, any housing 25 26.107.10 2 56 Underscores indicate new language. Overstrikes indicate deleted language. cost impact statement required by § 1-26-2.3;, 1-26-2.3, and the notice of hearing 1 required by § 1-26-4.1; 2 (3) At least twenty days before the public hearing, the agency shall: 3 26.107.11 2 56 SB56 ENROLLED (a) Publish the notice of hearing in the manner prescribed by § 1-26-4.1; and 4 (b) Publish, on the agency's a single website designated by the Governor and 5 maintained by the executive department, a copy of the proposed rule, the 6 impact statement on small business required by § 1-26-2.1, any housing 7 cost impact statement required by § 1-26-2.3, the notice of hearing 8 required by § 1-26-4.1, and the fiscal note required by § 1-26-4.2; 9 (4) After reviewing the proposed rule pursuant to § 1-26-6.5, code counsel shall advise 10 the agency of any recommended corrections to the proposed rule. If the agency 11 does not concur with any recommendation of code counsel, the agency may appeal 12 the recommended correction to the Interim Rules Review Committee for 13 appropriate action; 14 (5) The agency shall afford all interested persons reasonable opportunity to submit 15 amendments, data, opinions, or arguments at a public hearing held to adopt the 16 rule. The hearing may be continued from time to time. The agency shall keep 17 minutes of the hearing. A majority of the members of any board or commission 18 authorized to pass rules must be present during the course of the public hearing; 19 (6) If the authority promulgating the rule is a secretary, commissioner, or officer, the 20 agency shall accept written comments regarding the proposed rule for a period of 21 ten days after the public hearing. If the authority promulgating the rule is a board, 22 commission, committee, or task force, each interested person shall must submit 23 written comments at least seventy-two hours before the public hearing. The 24 seventy-two hours does not include the day of the public hearing. The written 25 comments may be submitted by mail or email. The record of written comments 26 may be closed at the conclusion of the public hearing. The hearing may be 27 continued for the purpose of taking additional comments; 28 (7) After the written comment period, the agency shall consider all amendments, data, 29 opinions, or arguments regarding the proposed rule. A proposed rule may be 30 modified or amended at this time to include or exclude matters that were described 31 in the notice of hearing; and 32 (8) The agency shall serve, shall, at least seven days before the agency appears before the 33 Interim Rules Review Committee to present the rules: 34 26.107.10 3 56 Underscores indicate new language. Overstrikes indicate deleted language. (a) Serve the minutes of the hearing, a complete record of written comments, 1 the impact statement on small business, any housing cost impact 2 statement, the fiscal note, the agency financial resource information 26.107.11 3 56 SB56 ENROLLED required by § 1-26-4.8, and a corrected copy of the rule on the members 4 of the Interim Rules Review Committee and on code counsel at least seven 5 days before the agency appears before the committee to present the rules; 6 counsel; and 7 (b) Publish, to the website referenced in subsection (3)(b) of this section, code 8 counsel's advisement referenced in subdivision (4), the minutes of the 9 public hearing referenced in subdivision (5), the agency financial resource 10 information required by § 1-26-4.8, and the corrected copy of the rule 11 referenced in subsection (8)(a). 12 The time periods specified in this section may be extended by the agency. The 13 requirement to serve the committee and code counsel within the time limit specified in 14 subdivision (8) may be waived by the committee chair, if the agency presents sufficient 15 reasons to the committee chair that the agency is unable to comply with the time limit. 16 The waiver may not be granted solely for the convenience of the agency. 17 Section 2. That § 1-26-6 be AMENDED: 18 1-26-6. The adoption, amendment, or repeal of a rule is complete when: 19 (1) The requirements of § 1-26-4 have been completed or, if the rule is an emergency 20 rule, three days have passed since the requirements of § 1-26-5 have been met; 21 (2) It has been signed by a majority of the members of the multi-member body or by 22 the officer having the authority to adopt it; 23 (3) It has been signed by code counsel; 24 (4) A copy has been filed with code counsel, in a form prescribed by code counsel to 25 show amendments, deletions, and other changes to existing rules, for use in 26 preparation of copy for the Administrative Rules of South Dakota; 27 (5) The rule and a certificate have been filed with the secretary of state. The certificate 28 must affirm that the rule filed is a true and correct copy of the rule as adopted and 29 that the agency has complied with § 1-26-4 or 1-26-5, and with this section; and 30 (6) The rule and the certificate have been published on the website described in 31 subsection 1-26-4(3)(b); and 32 (7) For a permanent rule, the agency has appeared and presented the proposed rule 33 to the Interim Rules Review Committee. 34 26.107.10 4 56 Underscores indicate new language. Overstrikes indicate deleted language. A certificate required by this section must be an affidavit executed, under oath, by 1 the officer authorized by statute to promulgate the rule. If a rule is promulgated by a 2 multi-member body, the body's presiding officer must sign the certificate. 3 An emergency rule is provisionally effective immediately after being filed. 4 Notwithstanding § 15-6-6(a), all other rules are provisionally effective on the twentieth 5 26.107.11 4 56 SB56 ENROLLED day after being filed, not counting the day of filing. In either case a later effective date 6 may be specified as part of the rules being filed. A rule that is not yet effective or a 7 provisionally effective rule may be suspended in the manner specified by § 1-26-38 any 8 time prior to the first day of July of the year following the year in which it became, or 9 would have become, effective. The rule's provisional status ends at that time, and the rule 10 may not thereafter be suspended by the rules committee. Unless suspended, a 11 provisionally effective rule must be enforced by the agency and the courts as if it were not 12 so conditioned. 13 No rule promulgated after June 30, 1975, is valid unless adopted in compliance 14 with § 1-26-4 or 1-26-5, and this section and copies of the rule are made available to the 15 public upon request, by the agency. 16 26.107.11 5 56 SB56 ENROLLED An Act to require that agencies promulgating permanent rules publish the rules and associated rulemaking forms on a state website. I certify that the attached Act originated in the: Senate as Bill No. 56 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 56 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State