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

Department of Human Services: Division of Drug and Alcohol Abuse (March 18, 1998) intends to define and set program requirements for alcohol and drug prevention and treatment programming; detail client admission, continued stay, and discharge criteria for treatment services; identify levels of prevention programming; outline the requirements an agency must follow to obtain accreditation by the division; and repeal rules which are no longer current. The general authority for these rules, as cited by the agency, is SDCL 34-20A-2.1 and 34-20A-27.

A public hearing will be held on April 9, 1998, from 3:00 to 5:00 p.m., CST, via the Rural Development Telecommunications Network. The network sites are Capitol University Center, 809 East Dakota, Pierre; South Dakota School of Mines and Technology, 501 East Saint Joseph Street, Classroom Building, Room 107, Rapid City; and Southeast Technical Institute, 2301 Career Place, Mickelson Building, Room 205, Sioux Falls. Copies of the rules may be obtained from and written comments sent to Marilyn Hanson, Department of Human Services, East Highway 34, c/o 500 East Capitol, Pierre, South Dakota 57501, and must be received by April 20, 1998, to be considered. The hearing is being held in a physically accessible place. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-5990 forty-eight hours before the hearing.

Department of Game, Fish and Parks: Game, Fish and Parks Commission (March 19, 1998) intends to provide dates and boundaries for limited deer hunting licenses for Custer State Park, no longer allow the taking of coyotes with the license, and increase the fee for the Custer State Park deer license; revise the boundaries for the Custer State Park late archery elk season; increase the number of tags available in the Custer State Park elk hunting season; change the opening date for the first season of the special Custer State Park antlerless elk season; restrict the harvest of the Custer State Park bighorn sheep season to uncollared rams; increase the fee for bighorn sheep licenses; increase the number of licenses available for the Custer State Park trophy bison bull harvest; require a waiting period before obtaining a subsequent Custer State Park deer license; close a portion of a unit for archery antelope hunting; modify the boundary for archery deer hunting in the Black Hills; revise the units for the special antlerless deer archery hunting season and establish the number of available tags; for archery elk hunting, establish the number and types of licenses available in units, revise and establish unit boundaries, change eligibility requirements for landowner-operator preference certificates, and disallow a landowner-operator preference licensee to hunt on the licensee's land adjacent to but not in the open unit; allow a person who receives a preference certificate for an archery elk license or firearm elk license to use the accumulated preferences in any unit offering the same type of license; for elk hunting, establish the number, types, and validity of licenses available in units, revise and establish unit boundaries, modify season dates, change eligibility requirements for landowner-operator preference certificates, and disallow a landowner-operator preference licensee to hunt on the licensee's land adjacent to but not in the open unit; increase the license fee for resident and nonresident special buck licenses; revise provisions for the West River prairie deer season, including the number of licenses, the elimination of leftover licenses, eligibility for leftover licenses, the application period and first drawing, and the provision of a preference certificate; for East River deer hunting, create resident special buck licenses and provide for eligibility, application, first drawing, and a preference certificate for unsuccessful applicants; create new categories of lodging available in the state park system and establish daily fees for their use; change campground designations for Fort Sisseton; and revise prime waterfront sites at Lewis and Clark. The general authority for these rules, as cited by the agency, is SDCL 41-2-18, 41-6-10, 41-6-19.6, 41-6-21, 41-17-1.1, 41-17-13.4, and 41-17-18. Although no rules are proposed, the commission will take testimony regarding the grouse, pheasant, and gray partridge hunting seasons.

A public hearing will be held on April 8, 1998, at 2:00 p.m., at the Northern Hills Holiday Inn, Spearfish. 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 April 8, 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.

Department of Commerce and Regulation: Board of Nursing (March 20, 1998) intends to adopt rules regarding the delegation of nursing tasks to dialysis technicians which define terms, clarify the functions that may be performed by licensed practical nurses in kidney dialysis, establish training requirements, outline the tasks that may and may not be delegated, require the approval of training programs for delegated tasks, establish the standards for the approval of training programs, and outline the dialysis technician training program. The general authority for these rules, as cited by the agency, is SDCL 36-9-21.

A public hearing will be held on April 16, 1998, at 3:00 p.m., at the Westward Ho Country Club, Sherman Park, Sioux Falls. Written comments may be sent to the South Dakota Board of Nursing, 4300 South Louise Avenue, Suite C-1, Sioux Falls, South Dakota 57106, and must be received by April 16, 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 board at (605) 362-2760 before the hearing.

DEPARTMENT OF TRANSPORTATION: TRANSPORTATION COMMISSION revised speed limits in Pennington County on State Trunk Highway 44 and U.S. Highway 16, ARSD 70:01:02:02; revised speed limits in Codington County on U.S. Highway 212, 70:01:02:05; and revised speed limits in Lyman County on U.S. Highway 83, 70:01:02:45.

History--Notice: 24 SDR 101, January 26, 1998

Hearing: February 26, 1998

Filed: March 16, 1998

Effective: April 5, 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.

The next meeting of the Interim Rules Review Committee will be held April 22, 1998, in Rooms LCR 1 and 2, Third Floor, State Capitol, Pierre, starting at 9:00 a.m. Agencies whose rules have had a public hearing are asked to have a representative present at the meeting to give background information on their rules.

Each agency is requested to provide the LRC with nine copies of the most recent draft of its rules two days before the meeting.