State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Tuesday, 8:00 a.m., May 30, 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 Commerce and Regulation: Division of Insurance: (May 24, 2000) is proposing rules to outline the specific requirements that must be contained in the notices issued when insurers transfer policyholders to another insurer within the same group of insurers. The general authority for these rules, as cited by the division, is SDCL 58-11-51 and 58-11-63.

A public hearing will be held in the Commerce Building, First Floor Conference Room, 118 West Capitol Avenue, Pierre, South Dakota, on Tuesday, June 27, 2000, at 10:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Division of Insurance, 118 West Capitol Avenue, Pierre, South Dakota 57501, and must be received by Friday, July 7, 2000. Persons who have special needs for which the division can make arrangements are asked to call (605) 773-3563.

Department of Education and Cultural Affairs: South Dakota Board of Education: (May 25, 2000) is considering rules which will repeal certain outdated references and specify the type of positions that holders of various certifications and authorizations may be assigned by an accredited school system; change the number of in-school hours required in grades 1-3; and clarify procedures and correct omissions in certain provisions of the certification and teacher preparation programs. The general authority for these rules, as cited by the department, is SDCL 13-1-21.1, 13-3-47, 13-5-34, 13-42-3, 13-42-4, and 13-42-5.

A public hearing will be held in the Kneip Room at the Governor's Inn, 700 West Sioux Avenue, Pierre, South Dakota, on June 19, 2000, at 1:30 p.m. (CDT). Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Board of Education, 700 Governors Drive, Pierre, South Dakota 57501-2291, and must be received by June 16, 2000, to be considered. This hearing is being held in a physically accessible place and interpreter services will be provided. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3426 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

PUBLIC UTILITIES COMMISSION: 20:25:01.01, 20:25:03:01.01, 20:25:03:04, 20:25:03:05, 20:25:03:07, 20:25:03:08, 20:25:03:09, 20:25:03:10, 20:25:03:11, 20:25:03:12, and 20:25:04:01.

History-Notice: 26 SDR 109, Feb. 22, 2000

Hearing: March 16, 2000

Filed: May 19, 2000

Effective: June 8, 2000

DEPARTMENT OF TRANSPORTATION: 70:01:02:04, 70:01:02:20, and 70:01:02:50.

History-Notice: 26 SDR 131, April 3, 2000

Hearing: April 27, 2000

Filed: May 22, 2000

Effective: June 14, 2000

DEPARTMENT OF TRANSPORTATION: 70:01:02:03 and 70:01:02:08.

History-Notice: 26 SDR 113, Feb. 28, 2000

Hearing: March 23, 2000

Filed: May 22, 2000

Effective: June 14, 2000

 

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES: 74:04:10.

History-Notice: 26 SDR 107, Feb. 14, 2000

Hearing: March 15, 2000

Filed: May 24, 2000

Effective: June 13, 2000

DEPARTMENT OF SOCIAL SERVICES: 67:48:03:02, 67:48:04:02, and 67:48:04:03.

History-Notice: 26 SDR 119, March 13, 2000

Hearing: April 3, 2000

Filed: May 25, 2000

Effective: June 14, 2000.

DEPARTMENT OF GAME, FISH AND PARKS: 41:03:04:03; 41:03:03:06; 41:04:02:16; 41:06:01:03, 41:06:01:03.01, 41:06:01:10; 41:06:02:03; 41:06:08:01; 41:06:09:01, 41:06:09:02; 41:06:12:01; 41:06:22:01.01, 41:06:22:02, 41:06:22:03, 41:06:22:05; 41:06:24:02; 41:06:26:02, 41:06:26:04; 41:06:45:02; 41:06:56:01, 41:06:56:02, 41:06:56:03, 41:06:56:04, and 41:06:56:05.

History-Notice: 26 SDR 123, March 20, 2000

Hearing: April 6, 2000

Filed: May 25, 2000

Effective: June 14, 2000.

CORRECTION: On page 157 of the Register, the date of the Department of Revenue's hearing has been changed to June 26, 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

6-1-2000

Game, Fish and Parks

Park entrance license exemption, liberalized fishing waters, West River prairie deer season, fall wild turkey season, define furbearing animal; 26 SDR 153.

6-2-2000

Labor: Division of Labor and Management

Update worker's compensation fee schedule, life expectancy table, pre-hearing procedure, request for conciliation; 26 SDR 147.

6-2-2000

SD Lottery

Rolldown Lotto game; 26 SDR 153.

6-6-2000

Commerce and Regulation: Commission on Gaming

Clarify rules on licensees who purchase slot machines; who may repair and maintain bill acceptors for slot machines; who may sell parts for bill acceptors; 26 SDR 149.

6-19-2000

Education and Cultural Affairs: Board of Education

Type of positions that holders of various certifications may be assigned by accredited school systems; number of school hours for students in grades 1-3, clarify provisions of the certification and teacher preparation program; 26 SDR 161.

6-20-2000

Real Estate Commission

License application procedures, renewal requirements, application and renewal fees for rental agents; education requirements, license application procedures, renewal requirements, license application and renewal fees, disciplinary procedures and standards of practice for home inspectors; errors and omissions for insurance providers; 26 SDR 157.

6-26-2000

Revenue

Assessing officers certification, 2000 version of property appraisal handbook, notify property owners of change in status of property, market analysis of property, status of non agricultural acreage, issuance of statewide sales tax permits criteria, records maintenance and auditing procedures of telecommunication access fees consistent with those of sales tax; 26 SDR 157.

6-27-2000

Commerce and Regulation: Division of Securities

Registration requirements broker-dealers, broker-dealer agents and agents of the issuer; requirements for books and records and financial requirements; rules of conduct; 26 SDR 149.

6-27-2000

Commerce and Regulation: Division of Insurance

Requirements in notices when insurers transfer policyholders to another insurer; 26 SDR 161.

7-20-2000

Environment and Natural Resources: Board of Minerals and Environment

Facilities generating, transporting, treating, storing, or disposing of hazardous wastes comply with rules; 26 SDR 147.

 

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Wednesday, June 7, 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: 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.