State Seal REGISTER

South Dakota Legislative Research Council

Volume 27 Monday, 8:00 a.m., September 11, 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)

Office of Attorney General: (September 6, 2000) intends to adopt rules to update the uniform traffic ticket forms used by law enforcement agencies for traffic offenses. The general authority for these rules, as cited by the office, is SDCL 23-1A-2.

A public hearing will be held on October 17, 2000, at 10:00 a.m., in Room 101, State Capitol Building, 500 East Capitol Avenue, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the Office of Attorney General, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070. Material sent by mail must reach the department by October 27, 2000, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the office can make arrangements are asked to call (605) 773-3215 or TDD (605) 773-6585 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: Division of Insurance: (September 7, 2000) is considering rules to replace outdated manuals with the most recent American Academy of Actuaries manuals, NAIC manuals, and AMA CPT manual. The general authority for these rules, as cited by the division is SDCL 58-3-11, 58-3-26, 58-4-48, 58-6-75, 58-14-17, 58-17A-2, 58-17A-6, 58-17A-7, 58-17B-8, 58-26-13.1, 58-26-46, 58-26-47, 58-26-52, 58-27-7, 58-27-108, 58-33-5.1.

Department of Commerce and Regulation: Division of Insurance: (September 7, 2000) intends to adopt rules to add additional eligibility for Medicare supplement applicants, allow for policyholders upon their request to have a Medicare supplement policy suspended, to revise references to federal law, and to revise and update current benefit outlines. The general authority for these rules, as cited by the division is SDCL 58-4-1, 58-17A-2, 58-17A-6, 58-17A-7.

Department of Commerce and Regulation: Division of Insurance: (September 7, 2000) intends to amend rules to have in place a more specific general authority reference for promulgating rules regarding health and life insurance solicitation. The general authority for these rules, as cited by the division is SDCL 58-17A-2, 58-33A-7, 58-33A-9, 58-37-142.

Department of Commerce and Regulation: Division of Insurance: (September 7, 2000) intends to amend rules to have in place more specific general authority references as well as more specific law implemented references for promulgating rules regarding advertisement of health and life insurance. The general authority for these rules, as cited by the division is SDCL 58-33A-7.

A public hearing on all of these rules will be held on October 17, 2000, at 9:00 a.m., in the first floor conference room, Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota. 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 57501-2000. Material sent by mail must reach the division by October 27, 2000, to be considered. Persons who have special needs for which the division can make arrangements are asked to call (605) 773-3563 at least forty-eight hours before the hearing.

Department of Social Services: (September 7, 2000) is amending rules to update and clarify existing rules for licensed child care facilities; add cross-references; establish licensing requirements for before and after school care programs; expand the screening requirements for criminal records checks; provide for the posting of inspection results and require that plans of corrections be made available to the public; add additional space requirements if cribs are used; increase the ratio of toilets and hand lavatories to children; amend the minimum ratios for toilets and sinks for day care centers and group family day care homes and establish a grace period for meeting the standard; establish requirements for service sinks for facilities serving more than twenty children; change the allowable minimum and maximum hot water temperature, including the hot water temperature during a dishwasher's sanitizing cycle; require natural or mechanical ventilation in all restrooms; require facilities licensed after the effective date of this rule change to provide ventilation of all cooking areas; amend the inspection, testing and approval process for a facility's water supply; and require the use of plastic liners if metal garbage and refuse containers are used in a facility. The general authority for these rules, as cited by the department is SDCL 26-6-14.3 and 26-6-16.

A public hearing will be held on Friday September 29, 2000, at 1:30 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 October 9, 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:

Executive Appointment:

Karen K. Weber, Yankton, was appointed August 21, 2000, to the Board of Tourism, to replace John Rasmussen, effective immediately and to continue until July 1, 2003.

Judicial Appointment:

Robert D. Hofer, Pierre, was reappointed to a four-year term September 1, 2000, to the Board of Pardons and Paroles. The appointment will become effective upon Senate approval.

 

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

9-14-2000

Game, Fish and Parks

Early pheasant hunting season; changes in youth pheasant hunting season; 27 SDR 18.

9-14-2000

Commerce and Regulation: Board of Nursing

Nurse licensure compact; 27 SDR 15.

9-14-2000

Commerce and Regulation: Commission on Gaming

Amendment to Deadwood gambling rules and Appendix A; 27 SDR 17.

9-20-2000

Department of Commerce and Regulation: Joint Board of Nursing and Osteopathic Examiners

Clarify nurse practitioner and nurse midwife prescriptive authority; 27 SDR 17.

9-21-2000

Environment and Natural Resources: Board of Minerals and Environment

Facilities generating, transporting, treating, storing, or disposing of hazardous wastes comply with hazardous waste rules; 27 SDR 11.

9-28-2000

Transportation

Speed zones in Codington, Marshall, and Roberts Counties; 27 SDR 21

9-29-2000

Social Services

Licensed child care facilities; 27 SDR 26.

10-17-2000

Attorney General

Update traffic ticket forms; 27 SDR 25.

10-17-2000

Commerce and Regulation: Division of Insurance

Update general authority and law implemented references, update manuals incorporated by reference, federal requirements for Medicare supplement insurance policies; 27 SDR 25.

 

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Tuesday, September 12, 2000, via telephone conference call in Room 413 of the State Capitol, Pierre, starting at 11:00 a.m. The committee chair has set the following tentative meeting schedule for the 2000 interim: 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 27 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.