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 (June 2, 1998) intends to adopt rules to establish procedures for determining whether insurance companies have issued guarantee issue policies to individuals and small employers in proportion to the insurance company's share of business in the individual and small employer markets and to specify the effective date of guarantee issue policies issued to individuals pursuant to SDCL 58-17-85. The general authority for these rules, as cited by the agency, is SDCL 58-17-85, 58-17-87, and 58-18B-20.

A public hearing will be held on June 24, 1998, at 8:00 a.m., in the first floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota. Written comments may be sent to the South Dakota Division of Insurance, 118 West Capitol Avenue, Pierre, South Dakota 57501-2000, and must be received by July 6, 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 the Division of Insurance at (605) 773-3563 before the hearing.

Department of Commerce and Regulation: Division of Insurance (June 2, 1998) is considering the adoption of rules to streamline the approval of continuing education courses for insurance agents that have already been approved in states participating in a reciprocity agreement, provide course approval forms, revise definitions, change the specified amount of credit hours to be awarded for certain courses, revise the list of courses for which credit will not be granted, and clarify the division's authority concerning instructors. The general authority for these rules, as cited by the agency, is 58-4-1, 58-30-117, and 58-30-122.

A public hearing will be held on June 24, 1998, at 9:00 a.m., in the first floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota. Written comments may be sent to the South Dakota Division of Insurance, 118 West Capitol Avenue, Pierre, South Dakota 57501-2000, and must be received by July 6, 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 the Division of Insurance at (605) 773-3563 before the hearing.

Department of Commerce and Regulation: Division of Insurance (June 2, 1998) intends to adopt rules to that would require individuals or entities subject to these rules to follow the procedures and standards of the latest NAIC and American Academy of Actuaries manuals and to update the Division of Insurance's address in the rules. The general authority for these rules, as cited by the agency, is SDCL 58-3-11, 58-3-26, 58-4-1, 58-4-48, 58-5A-70, 58-6-75, 58-14-17, 58-17A-2, 58-17A-5, 58-17B-4, 58-17B-8, 58-26-13.1, 58-26-46, 58-26-52, 58-26-47, 58-27-7, 58-27-108, and 58-33-5.1.

A public hearing will be held on June 24, 1998, at 9:00 a.m., in the first floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota. Written comments may be sent to the South Dakota Division of Insurance, 118 West Capitol Avenue, Pierre, South Dakota 57501-2000, and must be received by July 6, 1998, to be considered. Copies of the rules may be obtained from the same address. Persons with special needs for which the agency can make arrangements are asked to call the Division of Insurance at (605) 773-3563 before the hearing.

South Dakota Lottery (June 5, 1998) proposes rule changes for the Wild Card game which will update existing rules consistent with rules adopted by the Wild Card Group, namely, changes in the prize pool makeup and means of entry of play. The general authority for these rules, as cited by the agency, is SDCL 42-7A-21.

A public hearing will be held on June 26, 1998, at 10:30 a.m., in the Kneip Room of the Governor's Inn, 700 West Sioux Avenue, Pierre, South Dakota, 57501. Written comments may be sent to the South Dakota Lottery, 207 East Capitol, Suite 200, Pierre, South Dakota 57501, and must be received by June 25, 1998, to be considered. Copies of the rules may be obtained from the same address. The hearing is being held in physically accessible place. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-5770 at least forty-eight hours before the hearing.

Executive Order 98-09, dated May 28, 1998. Under the authority of SDCL 3-17-12, the Governor has suspended Cecil Brandis, Jr., from his duties as Sheriff of Mellette County. Mr. Brandis has been indicted for a felony in violation of 18 U.S.C. 113(a)(3), Assault with a dangerous weapon. The suspension is effective immediately and continues until the charge is prosecuted.

DEPARTMENT OF GAME, FISH AND PARKS changed the maximum number of licenses available in certain west river units, ARSD 41:06:14:02; decreased the number of special deer licenses, 41:06:19:04; decreased the number of licenses available by lottery, 41:06:19:06; changed the dates for deer hunting on the Sand Lake open units, 41:06:36:02; changed the dates, number of licenses, and the units open for hunting on the Lacreek National Wildlife Refuge; changed the dates for deer hunting on the Waubay open units, 41:06:36:02.02; revised the days for the youth deer hunting season, 41:06:44:01; revised the number of licenses available and the type of deer that can be hunted, 41:06:44:02; clarified the date by which a person must be at least 12 years of age to apply for a youth license, 41:06:44:04; established a special pheasant hunting season for disabled veterans, 41:06:54.

History--Notice: 24 SDR 164, May 15, 1998

Hearing: June 4, 1998

Filed: June 1, 1998

Effective: June 21, 1998

DEPARTMENT OF SOCIAL SERVICES clarified that certain work activities can make a person eligible for assistance, ARSD 67:10:01:12; clarified when certain conditions apply to the 60 month limit on eligibility, 67:10:01:16; established the effective date for the level of participation for certain work activities, 67:10:06:06; permitted certain community work to qualify as work activities, 67:10:06:11; established a limit for a job search, 67:10:06:12; established attendance at certain secondary education activities as qualifying as a work activity, 67:10:06:15; clarified the participation required of the parents before an assistance unit's payment is withheld, 67:10:06:19; clarified the type of work activity necessary before assistance is reduced, 67:10:06:20; clarified the responsibility to comply with personal responsibility agreement, 67:10:06:22; changed the reference from recipient to parent, 67:10:06:23; clarified good cause for failing to comply with the personal responsibility plan or agreement, 67:10:06:25.

History--Notice: 24 SDR 143, April 10, 1998

Hearing: May 6, 1998

Filed: June 2, 1998

Effective: June 22, 1998

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.

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.