South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., March 6, 2000


NOTICES OF PROPOSED RULES: (The date in parentheses is the date the rules were filed in the Legislative Research Council)

DEPARTMENT OF SOCIAL SERVICES: (March 2, 2000) intends to adopt rules relating to Intermediate Care for the Mentally Retarded or Developmentally Disabled Program (ICF-MR/DD) which update and clarify existing rules, institute form and style changes, and reduce the number of reviews and inspections made at ICF-MR/DD facilities. Rules relating to Home and Community-Based Services Program (HCBS) update and clarify existing rules and references, institute form and style changes, define terms, increase the amount of earned income a consumer is allowed to keep, and clarify the roles of the Department of Social Services and the Department of Human Services relating to the administration of the HCBS program. The general authority for these rules, as cited by the department, is SDCL 28-6-1.

A public hearing will be held on March 27, 2000, at 1:15 p.m., in Conference Room 2, 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. Material sent by mail must reach the department by April 6, 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.


Administrative Rules:

DEPARTMENT OF GAME, FISH AND PARKS: 41:03:01:01.02, 41:03:01:13, 41:03:01:15, 41:03:01:30, 41:03:03:04, 41:03:04:03, 41:04:02:33, 41:04:02:66, 41:05:01:06, 41:06:04:12, 41:06:13:01, 41:06:13:02, 41:06:13:04, 41:06:16:07, 41:06:16:07.01, 41:06:16:07.02, 41:06:16:08, 41:06:16:09, 41:06:16:10, 41:06:16:11, 41:06:16:11.01.

History-Notice: 26 SDR 91, January 3, 1999

Hearing: January 18, 2000

Filed: February 25, 2000

Effective: March 16, 2000


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.





Environment and Natural Resources

Require public water system to provide water quality reports to customers; 26 SDR 107.


Public Utilities Commission: One-Call Notification Board

Clarify one-call notification procedures; 26 SDR 109


Environment and Natural Resources: Environmental Services

Comply with federal regulations on air quality standards, cement manufacturing facilities, and pesticide production; 26 SDR 113.


Education and Cultural Affairs: Board of Education

Special education and early intervention policies and procedures consistent with Individuals With Disabilities Education Act; 26 SDR 113.



Speed zones in Brown and Davison Counties; 26 SDR 113.


Social Services

Rules relating to Intermediate Care for the Mentally Retarded or Developmentally Disabled Program and the Home and Community- Based Services Program; 26 SDR 117.



Create a farm operating loan program and allow Value Added Finance Authority to set net worth requirement; 26 SDR 107 and 109.

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Wednesday, April 19, 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: June 7, July 11, 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