NOTICES OF PROPOSED RULES (The date in parentheses is the date the rules were filed in the Legislative Research Council):

Department of Labor (February 2, 1998) intends to adopt rules to add retail nurseries classified in Standard Industrial Code 5261 as a seasonal industry and to allow unemployment insurance claims to be filed by telephone or electronically. The general authority for these rules, as cited by the agency, is SDCL 61-1-37, 61-3-39, and 61-7-1.

A public hearing will be held on March 3, 1998, at 9:00 a.m., at the Department of Labor Office, 420 South Roosevelt Street, Aberdeen. Written comments may be sent to the South Dakota Department of Labor, Unemployment Insurance Division, 420 South Roosevelt Street, Aberdeen, South Dakota 57401, and must be received by March 13, 1998, to be considered. Copies of the proposed rules may be obtained from the same address. For access assistance, persons with disabilities may call the department at (605) 626-2452 before the hearing.

Department of Revenue (February 3, 1998) intends to adopt a rule to clarify the sales tax as it relates to medical expert testimony and consulting services associated with litigation. The general authority for this rule, as cited by the agency, is SDCL 10-45-47.1 and 10-46-35.1.

A public hearing will be held on February 26, 1998, at 3:00 p.m., at the Anderson Building, Room E, 445 East Capitol Avenue, Pierre. Written comments may be sent to the South Dakota Department of Revenue, Legal Division /Rules, 445 East Capitol Avenue, Pierre, South Dakota 57501-3185, and must be received by March 8, 1998, to be considered. Copies of the proposed rules may be obtained from the same address. For access assistance, persons with disabilities may call the department at (605) 773-3311 before the hearing.

South Dakota Lottery: South Dakota Lottery Commission (February 4, 1998) intends to adopt rules to establish guidelines regarding Cash 4 Life game requirements. The general authority for these rules, as cited by the agency, is SDCL 42-7A-21.

A public hearing will be held on February 27, 1998, at 3:00 p.m., CST, via the Rural Development Telecommunications Network. Network sites are Capitol University Center, 809 East Dakota, RDTN Studio, Pierre; Southeast Technical Institute, 2301 Career Place, Building 1, Room 5, Sioux Falls; Mitchell Technical Institute, 821 North Capitol, Main Building, Room 131, Mitchell; and Rapid City Regional Hospital, 353 Fairmont Boulevard, RDTN Studio, Rapid City. Written comments may be sent to the South Dakota Lottery, 207 East Capitol, Suite 200, Pierre, South Dakota 57501, and must be received by February 26, 1998, to be considered. Copies of the proposed rules may be obtained from the same address. For access assistance, persons with disabilities may call the agency at (605) 773-5770 before the hearing.

Department of Game, Fish and Parks: Game, Fish and Parks Commission (February 5, 1998) intends to adopt rules to provide new categories and definitions of types of lodging available in the state park system to include a primitive lodging campsite and a recreational vehicle campsite; change Fort Sisseton, except during the Fort Sisseton Festival, from the designation as basic campground for a daily fee of $5.71 to modern campground for a daily fee of $7.62; make changes to sites designated at Lewis and Clark as prime waterfront campsites; and establish daily fees for the use of primitive lodging campsites and recreational vehicle campsites. The general authority for these rules, as cited by the agency, is SDCL 41-17-1.1 and 41-17-13.4.

A public hearing will be held on March 12, 1998, at 2:00 p.m., at the Ramkota RiverCentre, Pierre. Written comments may be sent to the Office of the Secretary, Department of Game, Fish and Parks, Foss Building, 523 East Capitol, Pierre, South Dakota 57501, and must be received by March 12, 1998, to be considered. Comments may also be sent by e-mail to kenm@gfp.state.sd.us. Comments must include the commenter's name and address. Copies of the proposed rules may be obtained from the Office of the Secretary, Department of Game, Fish and Parks, Foss Building, 523 East Capitol, Pierre, South Dakota 57501. For access assistance, persons with disabilities may call the department secretary.

Charles E. Clay, Hot Springs, was appointed on January 26, 1998, subject to Senate confirmation, to the South Dakota Board of Directors for Educational Telecommunications, effective July 1, 1998, and to continue until July 1, 2001.

Joseph M. Dondelinger, Sioux Falls, was appointed on January 27, 1998, subject to Senate confirmation, to the South Dakota Board of Directors for Educational Telecommunications to replace Dr. Ralph Wagoner, effective immediately and to continue until July 1, 1999.

Robert J. Schreiner, Milbank, was appointed on January 27, 1998, subject to Senate confirmation, to the South Dakota Railroad Authority to replace Raymond A. Gallagher, effective immediately and to continue until January 18, 1999.

Jerry Prostrollo, Madison, was reappointed on January 27, 1998, subject to Senate confirmation, to the South Dakota Railroad Authority, effective immediately and to continue until January 17, 2000.

Joel Niemeyer, Sioux Falls, was appointed on January 27, 1998, to the Independent Living Council to replace Thomas J. Johnson, effective immediately and to continue until July 1, 1998.

Nancy K. Gunner, Martin, was reappointed on January 27, 1998, subject to Senate confirmation, to the South Dakota Lottery Commission, effective immediately and to continue until January 1, 2001.

Dennis E. Wagner, Sioux Falls, was reappointed on January 27, 1998, subject to Senate confirmation, to the South Dakota Lottery Commission, effective immediately and to continue until January 1, 2001.

Dawn A. Nelson, Sioux Falls, was appointed on January 27, 1998, subject to Senate confirmation, to the South Dakota Lottery Commission to replace Bev McCracken, effective immediately and to continue until January 1, 2000.

Lori Nicholson, Sioux Falls, was appointed on January 27, 1998, subject to Senate confirmation, to the Commission on Human Rights to replace Eric Rasmussen, effective immediately and to continue until June 30, 2001.

Debra D. Watson, Rapid City, was appointed on January 27, 1998, subject to Senate confirmation, to the Commission on Human Rights to replace Doug Evenstad, effective immediately and to continue until June 30, 2001.

Warren Lotsberg, Huron, was reappointed on January 29, 1998, subject to Senate confirmation, to the South Dakota Railroad Authority, effective immediately and to continue until January 21, 2002.

Paul Redfield, Madison, was reappointed on January 29, 1998, subject to Senate confirmation, to the South Dakota Railroad Authority, effective immediately and to continue until January 16, 2001.

David J. Rowe, Sioux Falls, was reappointed on January 29, 1998, subject to Senate confirmation, to the South Dakota Crime Victims Compensation Board, effective July 1, 1998, and to continue until July 1, 2001.

John Rothstein, Mobridge, was reappointed on January 29, 1998, subject to Senate confirmation, to the Housing Development Authority, effective immediately and to continue until June 30, 2002.

Joe Lien, Aberdeen, was reappointed on January 29, 1998, subject to Senate confirmation, to the South Dakota Building Authority, effective immediately and to continue until January 19, 2002.

D.J. Mertens, Murdo, was appointed on January 29, 1998, subject to Senate confirmation, to the South Dakota Building Authority to replace Verlyn Boyd Schroeder, effective immediately and to continue until January 18, 2000.

Dennis Yeaton, Chamberlain, was reappointed on February 2, 1998, subject to Senate confirmation, to the South Dakota Railroad Authority, effective immediately and to continue until January 17, 2000.

BUREAU OF ADMINISTRATION allowed for the designation of timed parking zones, ARSD 10:01:02:04; increased the maximum fee that may be charged for a legal publication, 10:02:02:01 and 02; defined computer hardware and software, 10:02:05:01; and provided a procedure for the purchase of goods and services under $10,000, 10:02:05:02 and 03.

History--Notice: 24 SDR 85, Dec. 10, 1997

Hearing: January 5, 1998

Filed: February 3, 1998

Effective: February 23, 1998

DEPARTMENT OF GAME, FISH AND PARKS: GAME, FISH AND PARKS COMMISSION changed the designation of French Creek Horse Camp to modern campground, ARSD 41:03:04:03; for the turkey season, revised the number of licenses available in certain hunting units, revised the licenses in Unit 115A from one-tag to two-tag, added new units in Sanborn and Shannon counties, and required the use of either bow and arrow or shotguns with shot shells in Marshall, Sanborn, and Roberts counties, 41:06:13:02 and 04; for rules relating to raptors, removed apprentice falconer requirements of meeting with a sponsor and submitting quarterly reports, added the red-shouldered hawk as a raptor, required that a raptor possessed by an apprentice falconer must be taken from the wild; repealed the requirements that an apprentice must meet with its sponsor, provide proof of field competence, and provide evidence of care of raptors, modified experience factors necessary to receive a master or general permit; repealed oral exams for acquiring a master permit, changed reciprocity requirements, changed the persons who may receive department and federal government approval to possess raptors for breeding purposes; changed the number of apprentices to be assigned to a sponsor, clarified that permits are for 3 years; changed the season for hunting migratory game birds, changed the requirements to obtain a raptor breeding permit, and changed the requirements to propagate endangered or threatened species, 41:09:06:18, 28, and 29; and for the hunter safety course, established requirements for hunter safety course content and duration, frequency and location of courses, recruitment, training, and compensation of instructors, and certificates to be issued, 41:06:53:01-05.

History--Notice: 24 SDR 89, Dec. 18, 1997

Hearing: January 8, 1998

Filed: February 6, 1998

Effective: February 26, 1998

Note: A copy of the rules may be obtained directly from the above agencies. Write to the agency at the address given under "Notices of Proposed Rules." There is no charge for proposed rules. The following agencies have permission from the Interim Rules Review Committee to charge for adopted rules: the Division of Insurance, the Cosmetology Commission, the State Board of Examiners in Optometry, the State Plumbing Commission, the Board of Nursing, the Department of Social Services, the State Electrical Commission, the South Dakota Board of Pharmacy, the Real Estate Commission, the Gaming Commission, the Department of Commerce and Regulation for commercial driver licensing, the Department of Labor for Article 47:03, and the Department of Revenue.