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

Department of Social Services: (March 15, 2001) is amending rules to update and clarify existing rules; remove obsolete material; repeal adult foster care regulations; amend nutritional requirements; require foster children to complete a hunter safety course; require the removal or correction of hazardous conditions; allow the Department to take action against a facility that fails to comply with a recommendation made as a result of a fire and health inspection; expand the list of individuals who may prescribe psychotropic medications to a child who is in a group care center and require the facility to obtain certain written reports from the individual who prescribed the medication; require the written policies of a residential treatment center to address documented needs; clarify who may supervise social work activities; require a child placement agency to seek out foster and adoptive homes that reflect the ethnic and racial diversity of the child being placed; expand the list of required written policies for adoption placement services; clarify the requirements that an adoptive applicant must meet; and amend the temperature requirements for maintaining potentially hazardous foods. The general authority for these rules, as cited by the department is SDCL 26-6-16.

A public hearing will be held on Monday, April 16, 2001, at 1:15 p.m., in Room 412, State Capitol Building, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to Jill Wellhouse, Administrative Rules, Department of Social Services, 700 Governors Drive, Pierre, South Dakota 57501. Ms. Wellhouse may be contacted by telephone at (605) 773-3305. Written comments must relate directly to the changes being proposed and must cite the specific rule number to which the comments are being directed. Material sent by mail must be received by Thursday, April 26, 2001, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3305 at least forty-eight hours before the hearing.

Department of Game, Fish and Parks: (March 16, 2001) intends to adopt rules to increase the number of elk hunting licenses in Custer State Park; decrease the number of big horn sheep licenses and combine hunting units in Custer State Park; eliminate the Custer State Park horseback trophy bison bull harvest; clarify season dates and eligibility requirements of the archery antelope hunting season; in the special antlerless deer archery hunting season change boundaries in some units, increase the number and type of licenses available, provide for preference points and coupons for certain unsuccessful applicants, modify season dates, and permit nonresidents to apply for certain unsold licenses; in the muzzleloading deer hunting season change boundaries in some units, increase number and types of licenses available, provide for preference points and coupons for certain unsuccessful applicants, modify season dates, and permit nonresidents to apply for certain unsold licenses, and permit certain licensees to harvest other deer in certain counties; in the archery elk hunting season establish the number of licenses available, establish a new unit in Gregory County (SD) and Boyd County (NE), and modify season hunting dates; change the name of the elk hunting season to Black Hills hunting season to reflect the separate season being established, increase the number and types of licenses available, repeal certain units, modify season dates in certain units, separate some areas in certain units and establish their season dates, provide for administering preference certificates in the firearm elk hunting seasons; create a new prairie elk hunting season outside of the Black Hills and establish season dates, units, number and type of licenses, and provide for preference certificates for the applicable hunting seasons; open certain counties to hunt grouse; modify the season dates and bag and possession limits and expand the hunting unit for the sage grouse hunting season; provide eligibility for nonresident applicants for the special antlerless archery deer license and muzzleloader deer license; provide for changes for preference certificates to be issued for firearm elk hunting season and licenses and youth deer, muzzleloader deer, and special archery antlerless deer hunting seasons and licenses; increase the fee for Custer State Park trophy bison bull harvest license and repeal the license and fee for the horseback bison license; and make changes to the length of the pheasant hunting season. The general authority for these rules, as cited by the department is SDCL 41-2-18, 41-6-10, 41-6-18.4, 41-6-19.6, 41-6-21, 41-11-5, and 41-17-1.1.

A public hearing will be held on Thursday, April 5, 2001, at 2:00 p.m., at the Outdoor Campus, 4500 South Oxbow, Sioux Falls, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to John L. Cooper, Secretary, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501, and must be received prior to the hearing date. Comments may also be sent by e-mail to chuck.schlueter@state.sd.us. E-mail comments must include the commenter's name and address. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3387, before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

SOUTH DAKOTA ANIMAL INDUSTRY BOARD: 12:68:05:01, 12:68:05:02, 12:68:05:02.01, 12:68:05:02.02, 12:68:05:06; 12:68:03:09, 12:68:06:06, 12:68:13:02, 12:68:13:04, 12:68:13:07, 12:68:13:13, 12:68:13:14, 12:68:13:15, 12:68:13:20, 12:68:13:27, 12:68:13:28, 12:68:13:31, 12:68:13:32, 12:68:14:01; 12:68:18:03; 12:68:23:13, 12:68:24:14, and 12:68:26:01 to 12:68:26:05, inclusive.

Hearing: January 22, 2001

Filed: March 12, 2001

Effective: April 1, 2001

The following were appointed to the Rules Review Committee, effective immediately and to continue to January 1, 2003:

Representative Gerald Lange, Madison

Representative Matthew Michels, Yankton

Representative Orville Smidt, Brookings

The Interim Rules Review Committee will hold an organizational meeting on Wednesday morning, March 21, 2001. Committee members are Senator Eric Bogue, Senator Paul Dennert, Senator Royal "Mac" McCracken, Representative Gerald Lange, Representative Matthew Michels, and Representative Orville Smidt.