State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., June 28, 1999


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 Commercial Inspection: (June 22, 1999) intends to update existing rules and to incorporate by reference the latest requirements adopted by the 83rd National Conference on Weights and Measures. The general authority for these rules, as cited by the division, is SDCL 37-21-5, 37-21-6, 37-22-3, and 39-1-4.

A public hearing will be held in the Second Floor Conference Room of the Commerce Building, 118 West Capitol, Pierre, South Dakota, on July 20, 1999, at 2:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the Office of Weights and Measures, 118 West Capitol Avenue, Pierre, South Dakota 57501. Material sent by mail must be received by July 30, 1999, 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 the division at (605) 773-6983 at least forty-eight hours before the hearing.

Department of Game, Fish and Parks: Division of Wildlife: (June 22, 1999) is proposing rules to open an antelope hunting season in Perkins County and establish the number and types of license available for residents and non-residents; increase the number of licenses available in the East River deer hunting season; provide licenses for landowners under certain circumstances during the East River and West River deer hunting seasons; make changes to the opening date and season length of the youth waterfowl season; increase the daily and possession limits of Canada geese during the early September hunting season, change the season dates and add Marshall County to the open unit; prohibit the use of centerfire rifles on the Lechtenberg Game Production Area in Hand County; make changes in trapping prohibitions; and restrictions on the training of dogs for purposes of locating, pursuing, pointing, or retrieving wild game birds on publicly owned land and road rights-of-way. The general authority for these rules, as cited by the department is SDCL 41-2-18, 41-6-21, 41-6-78, 41-8-20, 41-11-5, and 41-17-1.1.

A public hearing will be held at the Redlin Art Center in Watertown, South Dakota, on July 15, 1999, at 2:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to John L. Cooper, Secretary, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501-2000. Comments may also be sent by e-mail to scottc@gfp.state.sd.us. E-mail comments must include the commenter's name and address. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3387, before the hearing.

DECLARATORY RULINGS:

The South Dakota Commission on Gaming has issued three Declaratory Rulings:

  1. In the matter of the Deadwood Gulch Gaming Partnership, the Commission determined that a proposed entrance building for the Deadwood Gulch Hotel constitutes a building for the purposes of SDCL Chapter 42-7B and ARSD Chapter 20:18. The statutes and rules regulate the number of gaming devices that can be placed in a structure.
  2. In the matter of Black Hills Novelty Company, Inc., the Commission determined that in the case of a newly licensed retail premises, the licensee can place one multiple player slot machine on the premises without being required to license a minimum number of regular slot machines.
  3. In the matter of the Deadwood Gaming Association, the Commission determined that the IGT "Top Dollar" game does not violate the five dollar bet limit imposed by SDCL 42-7B-14.

Copies of each declaratory ruling are on file with the Legislative Research Council.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: COMMISSION ON GAMING: 20:04:24:34, 20:18:10:04, 20:18:16:02, 20:18:16:15.04, 20:18:16:40, 20:18:17:22, 20:18:17:28.03, 20:18:17:33, 20:18:18.02:03, 20:18:20.01:00, 20:18:20.01:02, 20:18:20.02:01, and Appendix A

History-Notice: 25 SDR 138, May 3, 1999

Hearing: June 3, 1999

Filed: June 21, 1999

Effective: July 11, 1999

DEPARTMENT OF AGRICULTURE: 112:47:07:11

History-Notice: 25 SDR 166, June 21, 1999

Hearing: N/A

Filed: June 25, 1999

Effective: June 25, 1999

Executive Appointments:

Dr. K-Lynn Paul, Sioux Falls, was reappointed on June 21, 1999, to the Mental Health Planning and Coordination Advisory Council, effective July 1, 1999, and to continue until July 1, 2002.

The following persons were appointed on June 22, 1999, to the Governor's Task Force on Domestic Violence, effective immediately and to continue at the pleasure of the Governor:

Ann Holzhauser, Pierre

Gail Ferris, Pierre

James Ellenbecker, Pierre

Jan Olson, Watertown

Denise Richards, Pierre

Amber Richy, Sturgis

Michael L. Parker, Pierre

Verlaine Gullickson, Pierre

Kathryn Thomas, Rapid City

Tim D. Tucker, Madison

Steven L. Zinter, Pierre

Kevin Thom, Pierre

Jo Wayrynen, Watertown

Gladys Hall, Mitchell

Ro Ann Redlin, Vermillion

Dani McDoorman, Pierre

Susan Sheppick, Pierre

Krista Herren-Graber, Marion

Sara E. Eng , Sioux Falls (Appointed on June 23, 1999)

Executive Orders:

Executive Order 99-07, dated June 18, 1999, establishes the Governor's Task Force on Domestic Violence.

Executive Order 99-08, dated June 18, 1999, establishes the Governor's Citizen Review Panel for Child Protection Services.

 

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:

6-29-99

Office of Economic Development

Value Added Agriculture Subfund; 25 SDR 161.

7-1-99

Social Services

Medicaid reimbursement provisions for nursing facilities; 25 SDR 162.

7-2-99

Social Services

Procedures for validating a nursing facilities resident assessments; adjust payment if incorrect; 25 SDR 162.

7-8-99

Revenue

Standards to renew assessor certificate, recertification process, assessors use updated materials, abstract classes for types of real estate; 25 SDR 166.

7-12-99

Commerce and Regulation: Cosmetology Commission

Clarify safety and sanitation procedures, ban use of MMA, update license requirements, handling of blood spills, apprentice reporting procedures, update approved textbooks; 25 SDR 165.

7-13-99

Commerce and Regulation: Division of Insurance

Criteria for associations eligible to issue group health insurance; 25 SDR 161.

7-13-99

Commerce and Regulation: Division of Insurance

Federal requirements for Medicare supplement insurance policies; 25 SDR 165.

7-13-99

Commerce and Regulation: Division of Insurance

Replace outdated manuals incorporated by reference; 25 SDR 165.

7-15-99

Environment and Natural Resources: Board of Minerals and Environment

Update hazardous waste rules, clarify recycled used oil management standards, treatment standards for hazardous waste, spent military munitions, storage of hazardous waste; 25 SDR 138.

7-15-99

Commerce and Regulation: Division of Weights and Measures

Update existing rules and incorporate by reference latest requirements; 25 SDR 171.

7-15-99

Game, Fish and Parks: Division of Wildlife

Antelope hunting season, East and West River deer hunting season, landowner licenses, youth waterfowl season, early September goose season possession limits, change season dates and add Marshall County, rifles on game production area in Hand County, trapping prohibitions, training dogs for hunting; 25 SDR 171.

7-19-99

Commerce and Regulation: Board of Accountancy

Requirements for CPA exam, procedures and fees for certificate and license applications, application and filing of peer review documents, procedure for suspension, professional ethics exam, verification of continuing education requirements, 25 SDR 166.

7-20-99

Commerce and Regulation: Plumbing Commission

Licensing and examination criteria for various contractors, apprentices, and installers; installation and maintenance of plumbing in buildings; 25 SDR 161.

7-20-99

Commerce and Regulation: Commercial Inspection Division

Update rules and incorporate by reference 83rd National Conference on Weights and Measures requirements; 25 SDR 171.

 

Rules Review Committee Meeting

The next meeting of the Interim Rules Review Committee will be held Wednesday, August 11, 1999, in Legislative Conference Rooms 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 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 25 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.