REGISTER

REGISTER

South Dakota Legislative Research Council
Volume 27 Monday, 8:00 a.m., May 14, 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 Human Services: (May 7, 2001) is proposing rules to establish guidelines and requirements to determine financial eligibility for receiving specific state funded mental health services. The general authority for these rules, as cited by the department, is SDCL 1-36A-1.26 and 27A-5-1.

A public hearing will be held on Tuesday, May 29, 2001, at 1:15 p.m., in Room 412, 4^th Floor, State Capitol Building, 500 East Capitol, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to Velda Bartel, Administrative Rules Coordinator, Department of Human Services, Hillsview Plaza, East Highway 34, c/o 500 East Capitol, Pierre, South Dakota 57501-5070. Written comments must be received before June 8, 2001, 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) 773-5990 or (605) 773-6412 TTY at least forty-eight hours before the hearing.

Department of Commerce and Regulation: Appraiser Certification Program: (May 8, 2001) intends to adopt rules to increase certain fees for appraisers. The general authority for these rules, as cited by the office, is SDCL 36-21B-3 and 36-21B-4.

A public hearing will be held on Thursday, May 31, 2001, at 3:00 p.m., in the First Floor Conference Room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the Department of Commerce and Regulation, Appraiser Certification Program, 118 West Capitol Avenue, Pierre, South Dakota 57501. Written comments must be received by May 30, 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) 773-4608 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF SOCIAL SERVICES: 67:42:02:01 to 67:42:02:15, inclusive; 67:42:05:03, 67:42:05:12, 67:42:05:20, 67:42:07:11, 67:42:07:13, 67:42:07:20, 67:42:08:05, 67:42:09:02, 67:42:09:07, 67:42:09:13, 67:42:09:15, 67:42:09:16, 67:42:11:17, 67:42:12:14, and 67:42:12:17.

History-Notice: 27 SDR 95, March 19, 2001

Hearing: April 16, 2001

Filed: May 8, 2001

Effective: May 28, 2001

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

5-18-2001	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.
5-29-2001	Human Services	Guidelines for financial eligibility for mental health services; 27 SDR 121.
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.
5-31-2001	Commerce and Regulation: Appraiser Certification Program	Increase certain fees; 27 SDR 121.
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, June 12 at 9:00 a.m. in Room 413 of the State Capitol. The committee chair has set the following tentative meeting schedule for the 2001 interim: 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.