State Seal REGISTER

South Dakota Legislative Research Council

Volume 24 Monday, 8:00 a.m., June 29, 1998


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 26, 1998) intends to adopt EMERGENCY rules to implement federal requirements for Medicare supplement insurance policies. The rules allow the sale of high deductible plan F and J Medicare supplement policies, implement guaranteed issue and portability requirements for Medicare supplement policies, and specify the current benefits in plans E, F, J, and high deductible F and J. The general authority for these rules, as cited by the department, is SDCL 58-17A-2.

A copy of the emergency rules may be obtained from the Division of Insurance, South Dakota Department of Commerce and Regulation, 118 West Capitol, Pierre, South Dakota 57501.

Department of Commerce and Regulation: Highway Patrol (June 26, 1998) is proposing rules to eliminate duplicative rules, to exempt certain drivers from hours of service regulations when engaged in agriculture transport during the harvest season, to adopt enforcement criteria for motor carrier safety regulations, and for the safe transportation of hazardous materials in South Dakota. The general authority for these rules, as cited by the department is SDCL 49-28A-2.

A public hearing will be held in the second floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota, on Thursday, July 23, 1998, at 1:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Highway Patrol, 500 East Capitol Avenue, Pierre, SD. Written comments must be received by August 3, 1998, to be considered. This hearing is being held in a physically accessible place. Please notify the Highway Patrol at (605) 773-5516 at least 48 hours before the public hearing if you have special needs for which arrangements must be made.

Department of Commerce and Regulation: Driver Licensing Program (June 26, 1998)

is proposing rules to revise and update rules concerning suspension, revocation, cancellation, and disqualification of driving privileges. Guidelines will also be updated and revised for restricted licenses (work permits) and for commercial driver license third party testers, third party examiners, and testing. In addition, new rules will identify documents that must be presented to obtain a license or ID card. The general authority for these rules, as cited by the department, is SDCL 32-12-3.2, 32-12-49, 32-23-11.

A public hearing will be held in the second floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota, on Thursday, July 23, 1998, at 1:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Highway Patrol, 500 East Capitol Avenue, Pierre, SD. Written comments must be received by August 3, 1998, to be considered. This hearing is being held in a physically accessible place. Please notify the Driver Licensing Program at (605) 773-5516 at least 48 hours before the public hearing if you have special needs for which arrangements must be made.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

PUBLIC UTILITIES COMMISSION: 20:10:11:01 to 20:10:11:15, inclusive and 20:10:12:05, :06, :07, :13, :14, and :15

History-Notice: 24 SDR 139, April 6, 1998

Hearing: April 30, 1998

Filed: June 25, 1998

Effective: July 15, 1998

DEPARTMENT OF HUMAN SERVICES: Article 46:31 for the Division of Rehabilitation Services and 46:11:01:01; 46:11:02:03, :03.01, :03.02, :03.03, :03.04, :04, :08; 46:11:04:03, :11, :16; 46:11:05:05, and 46:11:06:08 for the Division of Developmental Disabilities

History-Notice: 24 SDR 163, May 18, 1998

Hearing: June 1, 1998

Filed: June 26, 1998

Effective: July 16, 1998

FILINGS IN THE LEGISLATIVE RESEARCH COUNCIL OFFICE: Otter Tail Power Company and Basin Electric have filed notices of ten year plans with the South Dakota Public Utilities Commission.

 

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:

7-6-98

Game, Fish & Parks

Uses of parks, upland game, big game, waterfowl hunting, game refuges, trapping; 24 SDR 179.

7-13-98

7-14-98

7-15-98

Revenue

Motor vehicle excise tax exemptions; 24 SDR 167

7-14-98

Agriculture: Animal Industry Board

Tuberculosis and brucellosis recertification, Mexican origin cattle; 24 SDR 171.

7-22-98

Attorney General: Law Enforcement Officers Standards and Training Commission

Examination, student conduct, fees, curriculum, revocation or suspension of certification; 24 SDR 154.

7-23-98

Commerce and Regulation: Highway Patrol

Agricultural transport during harvest, motor carrier safety regulations, transportation of hazardous material; 24 SDR 189

7-23-98

Commerce and Regulation: Driver

Licensing

Driving privileges, work permits,

commercial driver license third party testers, documents needed to obtain license; 24 SDR 189

Rules Review Committee Meeting:

The next meeting of the Interim Rules Review Committee will be held August 24, 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 24 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.