State Seal

REGISTER

South Dakota Legislative Research Council

Volume 24 Monday, 8:00 a.m., May 11, 1998

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: Board of Examiners of Psychologists (May 7, 1998) intends to adopt rules to change the minimum score on the written examination for licensure to seventy percent. The general authority for these rules, as cited by the agency, is SDCL 36-27A-22.

A public hearing will be held on June 11, 1998, at 2:00 p.m.(MDT), at the Golden Hills Resort, 900 Miners Avenue, Lead. Written comments may be sent to the South Dakota Board of Examiners of Psychologists, 135 East Illinois, Suite 214, Spearfish, South Dakota 57783, and must be received by June 9, 1998, to be considered. Copies of the rules may be obtained from the same address. Persons who have special needs for which the agency can make arrangements are asked to call (605) 642-1600 before the hearing.

Department of Education and Cultural Affairs: South Dakota Board of Education (May 7, 1998) is considering the adoption of rules to establish preparation standards for certain pre-kindergarten through grade twelve educational personnel including teachers, administrators, and school service personnel, with an effective date of September 1, 2000. The general authority for these rules, as cited by the agency, is SDCL 13-1-12.1 and 13-42-3.

A public hearing will be held on June 15, 1998, at 8:00 a.m., at the Kings Inn, Knights Room, 220 South Pierre Street, Pierre. Written comments may be sent to the Department of Education and Cultural Affairs, South Dakota Board of Education, 700 Governors Drive, Pierre, South Dakota 57501-2291, and must be received by June 15, 1998, to be considered. Copies of the rules may be obtained from the same address. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3426 within forty-eight of the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Orders:

Executive Order 98-07, dated May 4, 1998, directs that the Human Services Center Advisory Board be abolished and that the executive order that established it, Executive Order 92-13, be rescinded, since the Mental Health Planning and Coordination Advisory Council has primarily the same responsibilities.

 

 

 

Administrative Rules:

SOUTH DAKOTA RETIREMENT SYSTEM BOARD OF TRUSTEES defined a Class B public safety member, ARSD 62:01:01:01; clarified certain aspects of credited service, 62:01:03:03, 62:01:04:03, 05.01, 05.02, 06, 08-11.01; clarified election procedures, 62:01:05:01.03, 02, 03, 03.01; revised procedures for declaratory rulings, 62:01:06:02 and 03; revised procedures regarding benefit limits, 62:01:08:01-04; and revised provisions regarding deferred compensation, 62:03:01:01; 62:03:02:01, 03-07; 62:03:03:02, 03; 62:03:04:01-08; 62:03:05:02, 04-07; and 62:03:06:04-08.

History--Notice: 24 SDR 135, March 23, 1998

Hearing: April 16, 1998

Filed: May 4, 1998

Effective: May 24, 1998

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF PHARMACY increased the permit fee for pharmacies, ARSD 20:51:06:01; clarified how nonprescription drugs are maintained outside the prescription department, 20:51:06:13; increased the fee for dealers of nonprescription drugs and changed the designation of household remedies to nonprescription drugs, 20:51:09:01; repealed the examination requirement for dealers of household remedies, 20:51:09:02, and the designations of household remedies, 20:51:09:08; changed the designation of household remedies to nonprescription drugs, 20:51:09:03-07; defined nonprescription drugs, 20:51:09:09; and increased the fees for pharmacies in facilities, 20:51:15:10, nonresident pharmacies, 20:51:27:03, and wholesale distributors, 20:67:02:01.

History--Notice: 24 SDR 135, March 23, 1998

Hearing: April 17, 1998

Filed: May 6, 1998

Effective: May 26, 1998

DEPARTMENT OF EDUCATION AND CULTURAL AFFAIRS: SOUTH DAKOTA BOARD OF EDUCATION repealed the requirements for postsecondary vocational education teacher endorsement, ARSD 24:02:03:34; established certification requirements and an application process for teacher certification, 20:15:01:01-02, 24:15:02:01-07, and 24:15:03:01-10; and established standards for approval of teacher preparation programs, 24:16:01:01; 24:16:02:01-02; 24:16:03:01-09; 24:16:04:01-04; 24:16:05:01-06; 24:16:06:01-03; 24:16:07:01-03; 24:16:08:01, 03-06, 08, 11, 12, 14, 16, 18, 20, 22, 23, 25, 26, 28, 30, 31, 33, 35, 38, 40, 43, 45, 48, and 52; 24:16:09:01, 04, and 05; and 24:16:10:01-03.

History--Notice: 24 SDR 65, Nov. 4, 1997

Hearing: Dec. 15 & 16; Mar. 24, 1998

Filed: May 8, 1998

Effective: September 1, 2000

EDITOR'S NOTE:

The Rules Review Committee sent these rules back for further hearing.

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:

 

5-14-98

Commerce and Regulation: Commission of Engineering, Architectural and Land Surveying Examiners

Fees, inactive status, accredited schools, duration of licenses; 24 SDR 143.

5-15-98

Agriculture: South Dakota State Fair Commission

Hours of operation, release time for livestock, exhibits, and concessionaires, hour for dismantling exhibits; 24 SDR 151.

5-19-98

Revenue

Tax liability of manufacturers, nonresident attorneys, and travel reservation service providers; 24 SDR 153.

5-19-98

Revenue

Certified appraisers and assessment of property; 24 SDR 153.

5-19-98

Revenue

Regulation and licensing of boat dealers; 24 SDR 153.

5-26-98

Social Services

Reimbursement for nursing facilities; 24 SDR 155.

5-28-98

Transportation

Speed limit in McPherson County; 24 SDR 151.

6-11-98

Commerce and Regulation: Board of Examiners of Psychologists

Examination score; 24 SDR 159.

 

 

 

6-15-98

Education and Cultural Affairs: South Dakota Board of Education

Preparation standards for education personnel; 24 SDR 159.

7-22-98

Attorney General: Law Enforcement Officers Standards and Training Commission

Examination, student conduct, fees, curriculum, revocation or suspension of certification; 24 SDR 154.

 

 

RULES REVIEW COMMITTEE MEETING:

The next meeting of the Interim Rules Review Committee will be held June 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The South Dakota Register, ISSN 0191-1104, is published by the South Dakota Legislative Research Council pursuant to SDC.L 1-26A-1. Subscriptions to Volume 24 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.