State Seal REGISTER

South Dakota Legislative Research Council

Volume 27 Monday, 8:00 a.m., April 9, 2001


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 EDUCATION AND CULTURAL AFFAIRS: PROFESSIONAL ADMINISTRATORS PRACTICES AND STANDARDS COMMISSION: (April 5, 2001) intends to adopt rules to change definitions relating to educational administrators, clarify a term in the code of ethics for administrators, extend the timeline for consideration of evidence which can be presented during a hearing, and clarify to whom the findings of fact, conclusions of law, and decisions of the commission may be sent. The general authority for these rules, as cited by the commission, is SDCL 13-43-12, 13-43-45, 13-43-48, and 13-43-50.

A public hearing will be held in the State Library First Floor Conference Room, 800 Governors Drive, Pierre, South Dakota, on Wednesday, May 3, 2001, at 11:00 a.m. CDT. Copies of the proposed rules may be obtained from and written comments sent to the Professional Administrators Practices and Standards Commission, 700 Governors Drive, Pierre, South Dakota 57501-2291. Written comments must be received by April 30, 2001, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the commission can make arrangements may call (605) 773-4705 at least forty-eight hours before the hearing.

DEPARTMENT OF EDUCATION AND CULTURAL AFFAIRS: PROFESSIONAL TEACHERS PRACTICES AND STANDARDS COMMISSION: (April 6, 2001) is proposing rules to change the definitions related to persons employed in educational institutions, clarify and add to the code of ethics for teachers, extend the time for filing a complaint, change certain terms to create conformity in the language in statutes and in rules, erase the timeline for evidence to be introduced at a hearing, and clarify to whom the findings of fact, conclusions of law, and decisions of the commission may be sent The general authority for these rules, as cited by the commission, is SDCL 13-43-20 and 13-43-25.

A public hearing will be held in Room 464 of the State Capitol Building, 500 East Capitol Avenue, Pierre, South Dakota, on Friday, May 4, 2001, from 8:00 a.m. to 12:00 p.m. CDT. Copies of the proposed rules may be obtained from and written comments sent to the Professional Teachers Practices and Standards Commission, 700 Governors Drive, Pierre, South Dakota 57501-2291. Written comments must be received by May 1, 2001, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the board can make arrangements may call (605) 773-2910 at least forty-eight hours before the hearing.

DEPARTMENT OF SOCIAL SERVICES: (April 5, 2001) intends to adopt rules under the authority of the Food Stamp Act of 1977, which establishes the parameters under which the Food and Nutrition Service (FNS) sets the monthly gross and net income eligibility standards for food stamp households; incorporate mandatory provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 that affect recipient claims; streamline the policies used by the Food Stamp Program to establish and collect claims against households that receive more benefits than they are entitled to receive; and incorporate the federal debt management regulations and statutory revisions into the recipient claim management system. These mandatory changes must be implemented by the State of South Dakota as a condition for participating in the Food Stamp Program.

DEPARTMENT OF AGRICULTURE: (April 6, 2001) intends to adopt an EMRGENCY rule to require the labeling of ruminant livestock feeds to assist in preventing the spread of "Mad Cow Disease" in South Dakota. The general authority for this rule, as cited by the department, is SDCL 1-26 and SDCL 39-14.

A copy of the proposed rules may be obtained from the South Dakota Department of Agriculture, Agricultural Services, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501-3182.

DEPARTMENT OF AGRICULTURE: (April 6, 2001) intends to adopt rules which will provide the format for additional labeling on ruminant livestock feeds, impose additional manufacturing, handling, and transportation requirements for animal protein products used in livestock feeds, and reduce the feed and fertilizer tonnage inspection fees. The general authority for these rules, as cited by the department, is SDCL 38-19-10, 39-14-43 and 39-14-60.

A public hearing will be held at the Matthews Training Center, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota, on Monday, May 7, 2001, at 10:00 a.m. CDT. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Department of Agriculture, Division of Agricultural Services, 523 East Capitol Avenue, Pierre, South Dakota 57501. Written comments must be received by May 7, 2001, to be considered. Persons who have special needs for which the board can make arrangements may call (605) 773-4432 before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Mark Gross, Bridgewater, was appointed on March 14, 2001, to the Board of Directors of Value Added Finance Authority, effective immediately and to continue to July 1, 2003.

The following were appointed on March 19, 2001, to the Task Force on the Study of Productivity of Agricultural Land, effective immediately and to continue at the pleasure of the Governor:

Larry Gabriel, Cottonwood

Jo Ann Mazourek, Wagner

Kenneth G. McNenny, Sturgis

Jim Schade, Volga

Mary Worlie, Aberdeen

Sara Kneip, Brookings

Mike Jaspers, Sioux Falls

Eric Bogue, Faith

Larry Diedrich, Elkton

The following were appointed on March 26, 2001, to the Citizens' Education Review Panel, effective immediately and to continue at the pleasure of the Governor:

Jeanette Gravdahl, Sisseton

Betty Arrow-Marshall, Wagner

Tom Everist, Sioux Falls

James Engelbrecht, Rapid City

Mary McClure Bibby, Brookings

Shirley Big Eagle, Parmelee

Bob Simpson, Sioux Falls

Michael A. Wilson, Rapid City

Jody Severson, Rapid City

Janice Schuman, Geddes

David Owen, Sioux Falls

Keith Paisley, Sioux Falls

Gary Olson, Sioux Falls

Ben Sayler, Spearfish

Leo J. Neifer, Hosmer

Harvey C. Jewett, IV, Aberdeen

Nancy McCahren, Vermillion

Becky Lust, Rapid City

Judith K. Meierhenry, Sioux Falls

Randy Morris, Sturgis

Celia Miner, Yankton

Terry Hermann, Sturgis

Vicky Hagen, Fort Pierre

Jim Hagen, Fort Pierre

Patricia Kenner, Rapid City

Noel Hamiel, Mitchell

Angeline Lavin, Vermillion

James Hansen, Pierre

Rob Wheeler, Jr., Lemmon

Susan Jones, Watertown

James Abbott, Vermillion

 

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

4-16-2001

Social Services

Adult foster care; foster parent training and development, foster child nutritional requirements, foster children required to take hunter safety course, facilities comply with fire and health inspections, prescribing psychotropic medications, residential treatment center address documented needs, social work activities supervised, child placement reflect ethnic and racial diversity, written policies for adoption placement services, requirements of adoptive applicant, temperature requirements for potentially hazardous foods; 27 SDR 95.

4-19-2001

Division of Insurance

Gramm-Leach-Bliley Act privacy of personal nonpublic financial information; 27 SDR 99.

5-3-2001

Education and Cultural Affairs: Professional Administrators Practices and Standards Commission

Definitions relating to educational administrators, clarify code of ethics for administrators, evidence presented during a hearing, clarify who receives commission decisions; 27 SDR 103.

5-4-2001

Education and Cultural Affairs: Professional Teachers Practices and Standards Commission

Definitions relating to employees in educational institutions, clarify code of ethics for teachers, time for filing complaints, conformity of language in statutes and rules, evidence presented at hearing, clarify who receives commission decisions; 27 SDR 103.

5-7-2001

Agriculture

Labeling ruminant livestock feeds, manufacturing, handling, and transportation of livestock feeds, reduce feed and fertilizer tonnage inspection fees; 27 SDR 104.

6-5-2001

Commerce and Regulation: Board of Osteopathic and Medical Examiners

Permit the Board to utilize applications other than those produced by the Board; 27 SDR 101.

Rules Review Committee Meetings

The first meeting of the Interim Rules Review Committee will be Tuesday, April 17 in Room 413 of the State Capitol. The committee chair has set the following tentative meeting schedule for the 2001 interim: May 8, June 12, August 7, October 8, and November 28.

Agencies whose rules have had a public hearing will be scheduled to meet with the Rules Review Committee and 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 27 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://legis.state.sd.us.