South Dakota reclaims lawmaking power with regulatory oversight reform

Pierre, South Dakota; March 12, 2026: Today, South Dakota Gov. Larry Rhoden signed into law a measure enhancing legislative oversight of costly agency regulations, joining a growing number of states restraining policymaking authority by unelected bureaucrats. The new law requires state agencies to prepare a “regulatory impact analysis” for all proposed permanent rules and directs the Interim Rules Review Committee to block any “major rule”—one projected to cost more than $3 million over two years—unless the legislature votes to enact it.

“When regulations carry the force of law, elected lawmakers who answer to voters should have the final say,” said Jim Manley, State Policy Director at Pacific Legal Foundation. “South Dakota is reinforcing a basic constitutional principle: Making policy is the legislature’s job.”

South Dakota joins 12 other states in adopting REINS-style reforms to restore the constitutional separation of powers. Pacific Legal Foundation has worked with state legislators across the country to advance REINS Act reforms that return policymaking power to where the Constitution places it—with elected lawmakers accountable to the people.