REGISTER

REGISTER

South Dakota Legislative Research Council
Volume 26 Monday, 8:00 a.m., April 3, 2000

A COPY OF EACH REGISTER IS FILED IN THE OFFICE OF THE SECRETARY OF STATE

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

Department of Transportation: (April 3, 2000) intends to adopt rules amending speed zones Beadle, Corson, and Mellette Counties. The general authority for these rules, as cited by the department, is SDCL 32-25-7.

A public hearing will be held on April 27, 2000, at 9:05 a.m., in the Commission Room, Becker-Hansen Building, 700 East Broadway, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the Secretary of Transportation, Room 202, Becker-Hansen Building, 700 East Broadway, Pierre, South Dakota 57501-2586. Material sent by mail must reach the department by April 26, 2000, 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) 773-3265 at least forty-eight hours before the hearing.

DECLARATORY RULING:

The South Dakota Public Utilities Commission has filed a Declaratory Ruling with the LRC. The ruling determines that the discontinuance of the retail sale of VMS by US WEST to McLeod for purposes of resale does not violate SDCL 49-31-11 because VMS is not a telecommunications service.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules: None

Executive Appointments:

Sandy Scott, Hazel, was appointed on March 23, 2000, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 2003.

Grady Kickul, Pierre, was appointed on March 23, 2000, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue at the pleasure of the Governor.

Barbara Yutrzenka, Vermillion, was reappointed on March 23, 2000, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue at the pleasure of the Governor.

Christine Dunham, Norris, was appointed on March 23, 2000, to the Mental Health Planning and Coordination Advisory Council, to replace Marla Bull Bear, effective immediately and to continue until July 1, 2003.

Sheila Hill, Rapid City, was appointed on March 23, 2000, to the Mental Health Planning and Coordination Advisory Council, to replace Hal Bisch, effective immediately and to continue until July 1, 2002.

Mark Arneson, Bryant, was appointed on March 23, 2000, to the Mental Health Planning and Coordination Advisory Council, to replace Larry Tolzin, effective immediately and to continue until July 1, 2001.

Larry Tolzin, Menno, was appointed on March 23, 2000, to the Board of Vocational Rehabilitation, to replace Richard Hicks, effective immediately and to continue until July 1, 2002.

Larry Tolzin, Menno, was appointed on March 24, 2000, to the South Dakota Workforce Development Council, to replace Terry Sabers, effective immediately and to continue until July 1, 2002.

Wallace G. Myers, Sioux Falls, was appointed on March 30, 2000, to the South Dakota Workforce Development Council, to replace Jack Dudley, effective immediately and to continue until July 1, 2002.

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.

REMINDER OF HEARINGS SCHEDULED

4-3-2000	Social Services	Recovery of Medicaid benefits, limits on attorney fees; 26 SDR 119.
4-6-2000	Game, Fish and Parks	Camping permits and fees, park entrance license fees, public water zoning, Custer State Park bighorn sheep and anterless elk season, Custer State Park license restrictions, license applications for archery antelope and archery deer, including special hunting season, elk hunting season, mountain goat hunting season, Black Hills bighorn sheep hunting season, license form and fees, muzzleloading deer hunting season, repeal certain state game refuges, amend pheasant, grouse and gray partridge hunting seasons; 26 SDR 123.
4-7-2000	Commerce and Regulation: Division of Insurance	Reduce credit life and health insurance rates; 26 SDR 119.
4 12-2000	Commerce and Regulation: State Banking Commission	Trust company record retention, delete a subsection; 26 SDR 119.
4-12-2000	Social Services	Hospital, optometry, and transportation services paid by department; 26 SDR 127.
4-14-2000	Education and Cultural Affairs: State Historical Society	Fees and criteria for certain services, terms of Deadwood Preservation Fund, procedures for preservation of government records, historical preservation loan and grant fund; 26 SDR 127.
4-27-2000	Board of Nursing	Update licensing procedures, expand tasks to unlicensed assistive personnel, scope of practice for LPNs; 26 SDR 123.
4-27-2000	Transportation	Speed zones in Beadle, Corson, and Mellette Counties; 26 SDR 131.

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Wednesday, April 19, 2000, in Legislative Conference Rooms 1 and 2 of the State Capitol, Pierre, starting at 9:00 a.m. The committee chair has set the following tentative meeting schedule for the 2000 interim: June 7, July 11, August 16, September 12, October 18, November 14, and December 12. 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 eight copies of the most recent draft of its rules two days before the meeting.

The South Dakota Register, ISSN 0191-1104, is published by the South Dakota Legislative Research Council pursuant to SDCL 1-26A-1. Subscriptions to Volume 26 are $20. Make checks payable to "State of South Dakota" and mail to the Legislative Research Council, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070. Information from the Register is available free of charge on the Internet at http://www.state.sd.us/state/legis/lrc.htm.