State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., April 17, 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 Social Services: (April 10, 2000) intends to adopt rules relating to the medical assistance program. The rules are being amended to define terms, institute form and style changes, and move into place the eligibility criteria for the non-medicaid children's health insurance program (CHIP-NM) established under Senate Bill 124 adopted during the 2000 legislative session. The general authority for these rules, as cited by the department, is SDCL 28-6-1 and 42 USC 1396d.

A public hearing will be held on Wednesday, May 3, 2000, at 1:00 p.m., in Conference Rooms 1 and 2, Kneip Office Building, 700 Governors Drive, 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 postmarked by May 13, 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) 773-3305 at least forty-eight hours before the hearing.

Department of Agriculture: State Brand Board (April 12, 2000) is proposing rules which will define open markets as either a livestock auction market or a custom slaughter facility, establish an amount to be paid persons to feed estray livestock and for transporting such livestock to the nearest livestock auction market. The general authority for these rules, as cited by the department, is SDCL 40-18-16 and 40-21-5.

A public hearing will be held in the conference room of the Livestock Complex, 413 South Fort Street, Pierre, South Dakota, on May 15, 2000, at 2:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the State Brand Board, 413 South Fort Street, Pierre, South Dakota 57501. Material sent by mail must reach the Brand Board by May 10, 2000, 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 are asked to call (605) 773-3324 at least forty-eight hours before the hearing.

Department of Game, Fish and Parks: (April 14, 2000) intends to consider rules concerning motorboats and watercrafts; hunting seasons for pheasant, grouse, sage grouse, and partridge; amend hunting seasons, licenses, and units for Early Fall Canada geese, Special Canada geese, Spring Snow geese, and Tundra Swan; consider the number and types of deer licenses available during the Black Hills deer hunting season; include Waubay Lake State Game Refuge as part of Waubay National Wildlife Refuge hunting units and modify the season dates; change the number and types of licenses available during youth deer season; and define live furbearer animal. The general authority for these rules, as cited by the department, is SDCL 41-2-18, 41-6-18.2, 41-6-18.4, 41-6-21, 41-11-5, and 42-8-1.1.

A public hearing will be held at Sylvan Lake Lodge in Custer State Park, South Dakota, on May 4, 2000, at 2:00 p.m. (MST). 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 scott.Carbonneau@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) 773-3718 before the hearing date.

 

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF GAME, FISH AND PARKS:

41:04:02:12 and 41:04:02:28.

History-Notice: 26 SDR 105, Feb. 7, 2000

Hearing: March 2, 2000

Filed: April 11, 2000

Effective: May 1, 2000

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

4-27-2000

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.

4-27-2000

Agriculture: Value Added Finance Authority

Increase or decrease low or net worth requirement for Beginning Farmer Bond Program; 26 SDR 135.

5-2-2000

Social Services

Rules relating to the Temporary Assistance for Needy Families Program (TANF); 26 SDR 135.

5-3- 2000

Social Services

Rules relating to the medical assistance program; 26 SDR 139.

5-4-2000

Game, Fish and Parks

Amend rules relating to motorboats and watercrafts; pheasant, grouse, sage grouse, partridge, Early Fall Canada geese, Special Canada geese, Spring Snow geese, and Tundra swan hunting seasons; Black Hills deer hunting season and youth deer season; National Wildlife Refuge deer hunting seasons; and define live furbearing animal; 26 SDR 139.

5-4-2000

Secretary of State

Ballot instructions and colors, guidelines for verifying and circulating petitions, and information on ballot question petitions, remove landowner reference in petitions, and remove references to identifying marks on ballots; 26 SDR 135.

5-15-2000

Agriculture: Brand Board

Define open markets, establish amount paid to feed and transport estray livestock; 26 SDR 139.

 

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.