REGISTER

REGISTER

South Dakota Legislative Research Council
Volume 27 Monday, 8:00 a.m., May 7, 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 Commerce and Regulation: Real Estate Commission: (May 2, 2001) is proposing rules to establish standard provisions for prelicensing and continuing education, to adopt state standards for the practice of home inspectors, and to make the rules conform with statutes. The general authority for these rules, as cited by the commission, is SDCL 36-21A-30.1, 36-21A-31, 36-21A-34, 36-21A-47, 36-21A-63, 36-21A-89, and 36-21C-6.

A public hearing will be held on Wednesday, June 13, 2001, at 9:00 a.m., in the Second Floor Conference Room, Commerce Building, 118 West Capitol, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Real Estate Commission, 118 West Capitol Avenue, Pierre, South Dakota 57501. Written comments must be received before June 12, 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) 773-3600 at least forty-eight hours before the hearing.

Secretary of State: Board of Elections: (May 3, 2001) intends to adopt rules to clarify a postal endorsement on the confirmation mailing notice, provide additional voter registration information, improve voter instructions, clarify and provide ballot instructions, provide additional instruction on municipal recall and conservation district petitions, clarify automatic tabulating system test notices, clarify recount provisions, provide a petition form for a resolution of cooperation or consolidation, provide standards for counting imperfectly marked ballots, and require a privacy sleeve for certain ballots. The general authority for these rules, as cited by the office, is SDCL 12-1-9, 12-4-35, 12-17B-7, 12-17B-17, and Section 5 of HB 1193.

A public hearing will be held on Friday, June 1, 2001, at 8:30 a.m., in Room 412 of the State Capitol Building, 500 East Capitol Avenue, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the Office of Secretary of State, Election Department, 500 East Capitol Avenue, Pierre, South Dakota 57501. Written comments must be received by May 31, 2001, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the office can make arrangements may call (605) 773-3537 before the hearing.

Department of Social Services: (May 3, 2001) intends to adopt rules relating to the Temporary Assistance to Needy Families (TANF) Program. The rules are being amended to update and clarify existing rules, increase the TANF payment standards, and amend provisions relating to the TANF work activities. The general authority for these rules, as cited by the department, is SDCL 28-7A- 3 and 28-7A-10.

A public hearing will be held on Wednesday, May 30, 2001, at 1:15 p.m., in Secretary Ellenbecker's Office, First Floor, 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. Written comments must be postmarked by June 9^th and received by June 11^th 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 may call (605) 773-3305 at least forty-eight hours before the hearing.

Department of Social Services: (May 3, 2001) intends to adopt rules relating to the Food Stamp Program. The rules are being amended to implement discretionary provisions established under Pub.L. 104-193 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) and Pub.L. 106-387 (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2001). The general authority for these rules, as cited by the department, is SDCL 28-12-1.

A public hearing will be held on Wednesday, May 30, 2001, at 2:00 p.m., in Secretary Ellenbecker's Office, First Floor, 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. Written comments must be postmarked by June 9^th and received by June 11^th 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 may call (605) 773-3305 at least forty-eight hours before the hearing.

Department of Labor: Division of Labor and Management: (May 4, 2001) is proposing rules to require payers of workers' compensation medical benefits to explain any reduction taken, to make minor changes in the workers' compensation fee schedule, and to repeal in-patient treatment standards for workers' compensation claims. The general authority for these rules, as cited by the department, is SDCL 62-7-8.

A public hearing will be held on Wednesday, June 27, 2001, at 10:00 a.m., in the First Floor Conference Room, Kneip Office Building, 700 Governors Drive, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Department of Labor, Division of Labor and Management, Kneip Building, 700 Governors Drive, Pierre, South Dakota 57501-2291. Written comments must be received by July 9, 2001, to be considered. Persons who have special needs for which the department can make arrangements may call (605) 773-3681 before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF INSURANCE: 20:06:29:05.

History-Notice: 27 SDR 89, Feb. 26, 2001

Hearing: April 3, 2001

Filed: April 27, 2001

Effective: May 17, 2001

DEPARTMENT OF SOCIAL SERVICES: On May 3, 2001, the department filed updates to the Food Stamp Program Certification and Accountability Manual. The updates provide clarification regarding countable income for the food stamp program and expanded resource exclusions for vehicles and inaccessible assets.

Executive Appointments:

Ginger L. Hanten, Goodwin, was reappointed on April 24, 2001, to the American Dairy Association of South Dakota, effective July 1, 2001, and to continue to July 1, 2004.

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 Scial 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

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.
5-18-2001	Revenue	Set minimum number of hours auto dealers are open, guidelines for in-transit permits, update information regarding appraisals, damage disclosures on motor vehicles, motor vehicle registration lists, repeal definition of "State logo die stamp," methods regarding us of motor vehicle identification numbers, repeal rules involving exemption of certain members of Indian Tribes from motor vehicle excise tax; 27 SDR 113.
5-23-2001	Secretary of State	Procedures for acceptance and refusal of Uniform Commercial Codes and requirements for filling out UCC forms and set fees for domestic business trusts; 27 SDR 113.
5-23-2001	Social Services	Incorporate by reference current versions of publications used by the Department and the latest federal poverty levels, increase the cost outlier, update DRG and Medicaid payments, incorporate by reference changes in rate of payment for nursing facilities; 27 SDR 113.
5-30-2001	Social Services	TANF rules updated and clarified; 27 SDR 117.
5-30-2001	Social Services	Amend Food Stamp Program rules; 27 SDR 118.
6-1-2001	Secretary of State: Board of Elections	Confirmation mailing notice, voter registration information, voter and ballot instructions, municipal recall and conservation district petitions, automatic tabulating system test notices, recount provisions, petition form for resolution of cooperation or consolidation, counting imperfectly marked ballots, and privacy sleeve for ballots; 27 SDR 117.
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.
6-13-2001	Commerce and Regulation: Real Estate Commission	Provisions for prelicensing and continuing education, standards for home inspectors, and make rules conform with statutes; 27 SDR 117.
6-27-2001	Labor: Division of Labor and Management	Workers' compensation benefits, changes in fee schedule, repeal in-patient treatment standards for claims; 27 SDR 118.

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held on Tuesday, May 8, at 9:00 a.m., in Room 413 of the State Capitol by telephone conference call. The committee chair has set the following tentative meeting schedule for the 2001 interim: 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.