State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., June 12, 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 (June 5, 2000) is proposing rules to require all individual and group health benefit plans, newly issued or renewed, to cover breast reconstructive surgery. The general authority for these rules, as cited by the division, is SDCL 58-17-87 and 58-18-79.

A public hearing will be held in the Commerce Building, First Floor Conference Room, 118 West Capitol Avenue, Pierre, South Dakota, on Thursday, July 6, 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 Monday, July 17, 2000. Persons who have special needs for which the division can make arrangements are asked to call (605) 773-3563 before the hearing.

Department of Social Services: (June 7, 2000) is amending rules to define terms; establish requirements that must be met before the medical review team can assign an individual to a nursing facility, adult foster, or assistant living level of care classification; establish additional criteria that the facility and the individual must meet if the individual has an assisted living level of care and is in need of special services; require annual reviews of individuals assigned to an adult foster care level of care; prohibit reimbursement if a facility is not properly licensed or if the individual fails to meet the required eligibility criteria. The general authority for these rules, as cited by the department, is SDCL 28-1-45 and 28-6-1.

A public hearing will be held on Wednesday, July 26, 2000, at 3:00 p.m., in Conference Room 1, 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. Ms. Wellhouse may be contacted by telephone at (605) 773-3305. Written comments must relate directly to the changes being proposed and must cite the specific rule number to which the comments are being directed. Material sent by mail must be postmarked by August 5, 2000, 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 are asked to call (605) 773-3305 at least forty-eight hours before the hearing.

Department of Social Services: (June 7, 2000) is proposing rules to define the term "categorical eligibility" and establish a list of conditions that a household must meet in order to be considered to be categorically eligible for the Food Stamp Program. The general authority for these rules, as cited by the department, is SDCL 28-12-1.

A public hearing will be held on Wednesday, July 26, 2000, at 4:00 p.m., in Conference Room 1, 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. Ms. Wellhouse may be contacted by telephone at (605) 773-3305. Written comments must relate directly to the changes being proposed and must cite the specific rule number to which the comments are being directed. Material sent by mail must be postmarked by August 5, 2000, 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 are asked to call (605) 773-3305 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

SECRETARY OF STATE: BOARD OF ELECTIONS: 5:02:05:05, 5:02:06:01.02, 5:02:06:18, 5:02:08:00.01, 5:02:08:00.03, 5:02:08:07, 5:02:08:08, 5:02:08:09, 5:02:08:13, 5:02:08:15, 5:02:08:16, 5:02:08:17, 5:02:08:39, 5:02:09:05, 5:02:16:00, 5:02:16:17, 5:02:16:17.01, 5:02:16:23, and 5:02:19:04.

History-Notice: 26 SDR 135, April 10, 2000

Hearing: May 4, 2000

Filed: June 5, 2000

Effective: June 25, 2000

DEPARTMENT OF EDUCATION AND CULTURAL AFFAIRS: STATE HISTORICAL SOCIETY: 24:52:05:02, 24:52:05:08, 24:52:10:01, 24:52:11:01 to 24:52:11:04, inclusive; and 24:52:15:03

History-Notice: 26 SDR 127, March 27, 2000

Hearing: April 14, 2000

Filed: June 5, 2000

Effective: June 25, 2000

DEPARTMENT OF SOCIAL SERVICES: 67:46:01:01, 67:46:01:02, 67:46:14:01 to 67:46:14:14, inclusive; 67:16:01:01, 67:16:01:03, 67:16:02:03, 67:16:02:05.04, 67:16:02 Appendix E, 67:16:04:62, 67:16:05:03, 67:16:11:01, 67:16:11:03.08, 67:16:11:03.09, 67:16:11:03.17, 67:16:11:03.22, 67:16:11 Appendix E, 67:16:14:14, 67:16:16:01, 67:16:26:01, 67:16:26:05, 67:16:29 Appendix C, 67:16:31:05, 67:16:35:01, 67:16:35:02, 67:16:37:02, 67:16:37:10.01, 67:16:39:03, 67:16:39:04, 67:16:39:05, 67:16:39:13, 67:16:39:14, 67:16:39:15, 67:16:39:16, 67:16:40:02, 67:16:40:03, 67:16:40:05, 67:16:41:01, 67:16:41:03, 67:16:41:10, 67:16:41:14, 67:16:43:02, 67:16:44:02, and 67:16:44:11

History-Notice: 26 SDR 139, April 17, 2000

Hearing: May 3, 2000

Filed: June 6, 2000

Effective: July 1, 2000

DEPARTMENT OF SOCIAL SERVICES: 67:10:01:12, 67:10:01:16, 67:10:01:35, 67:10:02:06, 67:10:03:03, 67:10:03:22, 67:10:04:04, 67:10:05:14, 67:10:06:01, 67:10:06:04, 67:10:06:05, 67:10:06:13, 67:10:06:13.01, 67:10:06:17, 67:10:06:27, 67:10:08:02, 67:10:10:04, 67:10:10:05, and 67:11:01:03

History-Notice: 26 SDR 135, April 10, 2000

Hearing: May 2, 2000

Filed: June 6, 2000

Effective: July 1, 2000

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF ACCOUNTANCY: 20:37:06:01.01, 20:37:06:01.02, 20:37:06:12, 20:37:07:01, 20:37:08:01, 20:37:10:02, 20:37:13:02, 20:37:13:06, 20:37:13:10.01, 20:37:13:10.03, and 20:37:13:10.04

History-Notice: 26 SDR 149, May 8, 2000

Hearing: May 25, 2000

Filed: June 7, 2000

Effective: June 27, 2000

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES: BOARD OF MINERALS AND ENVIRONMENT:

74:36:02:02 to 74:36:02:05, inclusive; 74:36:07:01 to 74:36:07:05, inclusive; 74:36:07:06.01 to 74:36:07:07.01, inclusive; 74:36:07:09, 74:36:07:14, 74:36:07:22 to 74:36:07:24, inclusive; 74:36:07:26 to 74:36:07:28, inclusive; 74:36:07:32, 74:36:07:34, 74:36:07:36, 74:36:07:37, 74:36:07:39 to 74:36:07:43, inclusive; 74:36:08:01 to 74:36:08:11, inclusive; 74:36:08:13 to 74:36:08:15, inclusive; 74:36 08:21 to 74:36:08:23, inclusive; 74:36:11:01, 74:36:12:01; 74:36:13:02 to 74:36:13:04, inclusive; 74:36:13:07, 74:36:13:08, 74:36:16:01, 74:36:16:02, 74:36:16:04, 74:36:16:05

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

Hearing: March 16, 2000

Filed: June 7, 2000

Effective: June 27, 2000

DEPARTMENT OF AGRICULTURE: STATE BRAND BOARD:

12:10:02:01, 12:10:02:01.01, and 12:10:02:37

History-Notice: 26 SDR 139, April 17, 2000

Hearing: May 15, 2000

Filed: June 7, 2000

Effective: June 27, 2000

DEPARTMENT OF AGRICULTURE: VALUE ADDED FINANCE AUTHORITY:

12:21:01:04

History-Notice: 26 SDR 135, April 10 2000

Hearing: April 27, 2000

Filed: June 7, 2000

Effective: June 27, 2000

Legislative Appointments:

Roy Burr, Rapid City, was appointed by the Executive Board of the Legislative Research Council on June 7, 2000, to the South Dakota Investment Council, effective July 1, 2000, and to continue until June 30, 2005.

Senator Barbara Everist, Sioux Falls, was reappointed by the Executive Board of the Legislative Research Council on June 7, 2000, to the National Conference of Commissioners on Uniform State Laws, effective August 1, 2000, and to continue until July 31, 2003.

Michael DeMersseman, Rapid City, was reappointed by the Executive Board of the Legislative Research Council on June 7, 2000, to the National Conference of Commissioners on Uniform State Laws, effective August 1, 2000, and to continue until July 31, 2003.

Executive Appointments:

Charlotte Cadwell, Chamberlain, was appointed on May 30, 2000, to the Board of Tourism to replace Francie Johnson, effective immediately, and to continue until July 1, 2002.

Kristen G. Sears, Rapid City, was reappointed on May 30, 2000, to the Board of Tourism, effective immediately, and to continue until July 1, 2002.

Gary Brown, Rapid City, was reappointed on May 30, 2000, to the Board of Tourism, effective immediately, and to continue until July 1, 2002.

George Kessler, Aberdeen, was reappointed on May 30, 2000, to the Board of Tourism, effective immediately, and to continue until July 1, 2002.

Charles D. Monson, Milbank, was reappointed on June 1, 2000, to the Board of Minerals and Environment, effective immediately, and to continue until July 1, 2004.

Bradley K. Schmidt, Marion, was appointed on June 1, 2000, to the Board of Chiropractic Examiners to replace John Carr, effective immediately, and to continue until July 1, 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 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

6-19-2000

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.

7-6-2000

Commerce and Regulation: Division of Insurance

Individual and group health plans required to cover breast reconstructive surgery; 26 SDR 167

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.

7-26-2000

Social Services

Define terms, requirements for medical review team assigning person to nursing facility, adult foster care, or assisted living; criteria for assisted living special services; annual reviews of persons in foster care; prohibit reimbursement in certain instances; 26 SDR 167.

7-26-2000

Social Services

Define "categorical eligibility" and list of conditions to be eligible for Food Stamp Program; 26 SDR 167.

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Tuesday, July 11, 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: 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://legis.state.sd.us.