State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., March 13, 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 SOCIAL SERVICES: (March 9, 2000) intends to adopt rules relating to the recovery of Medicaid benefits paid by the Department. These rules would require reimbursement in a timely manner and also establish limits on attorney fees. The general authority for these rules, as cited by the department, is SDCL 28-6-1.

A public hearing will be held on Monday, April 3, 2000, at 1:15 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. Material sent by mail must reach the department by April 13, 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 COMMERCE AND REGULATION: DIVISION OF INSURANCE: (March 9, 2000) is proposing rules to reduce credit life insurance rates on average by four cents and credit health insurance rates on average by two cents. The general authority for these rules, as cited by the division, is SDCL 58-19-34.

A public hearing will be held on Friday, April 7, 2000, at 10:00 a.m., in the second floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the Division of Insurance, 118 West Capitol, Pierre, South Dakota 57501-5070. Material sent by mail must reach the division by 5:00 p.m., Monday April 17, 2000, to be considered. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3563 before the hearing.

DEPARTMENT OF COMMERCE AND REGULATION: STATE BANKING COMMISSION: (March 10, 2000) is proposing rules to provide guidance to trust companies on record retention and delete the subsection dealing with application fees for trust companies. The general authority for these rules, as cited by the department, is SDCL 51A-2-13 and 51A-6A-30.

A public hearing will be held on April 5, 2000, at 11:00 a.m., at the Oaks Hotel, Iowa Room, 3300 West Russell Street, Sioux Falls, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the Department of Commerce and Regulation, Division of Banking, 500 East Capitol, Pierre, South Dakota 57501-5070. Material sent by mail must reach the division by March 27, 2000, to be considered. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3421 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF GAME, FISH AND PARKS: 41:04:02:36 and 41:04:02:39.

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

Hearing: January 18, 2000

Filed: February 25, 2000

Effective: March 16, 2000

DEPARTMENT OF COMMERCE AND REGULATION: APPRAISER CERTIFICATION PROGRAM: 20:14:01:01, 20:14:03:01, 20:14:04:01, 20:14:04:05, 20:14:05:02.00, 20:14:05:02.01, 20:14:05:11, 20:14:06:01, 20:14:10:07, 20:14:11:01.01, 20:14:11:03, 20:14:12:04, 20:14:12:05, 20:14:13:05.01, 20:14:13:09, and 20:14:13:10.01.

History-Notice: 26 SDR 95, January 10, 1999

Hearing: February 10, 2000

Filed: March 7, 2000

Effective: March 27, 2000

ATTORNEY GENERAL: LAW ENFORCEMENT OFFICERS STANDARDS AND TRAINING COMMISSION: 2:01:07:01, 2:01:07:02, 2:01:07:03, 2:01:07:04, 2:01:07:05, 2:01:08:01, 2:01:08:02, 2:01:08:03, 2:01:08:04, 2:01:08:05, 2:01:08:06, 2:01:09:01, 2:01:09:02, 2:01:09:03, 2:01:09:04, 2:01:09:05, 2:01:09:06, 2:01:09:07, and 2:01:09:08.

History-Notice: 26 SDR 83, Dec. 6, 1999

Hearing: January 26, 2000

Filed: March 7, 2000

Effective: March 27, 2000

Supreme Court Rules:

The following Supreme Court rules were filed with the Secretary of State on March 13, 2000, and are effective July 1, 2000.

Supreme Court Rule 00-1, In the matter of the repeal and reenactment of SDCL 15-6-5(d), Filing of papers Originals Facsimiles - Copies.

Supreme Court Rule 00-2, In the matter of the amendment of SDCL 15-6-28(c), Disqualification to take deposition for interest.

Supreme Court Rule 00-3, In the matter of the amendment of SDCL 15-14-1, Order of proceedings at trial.

Supreme Court Rule 00-4, In the matter of the amendment of SDCL 15-39-56, Jury trial and appeal waived by plaintiff Right to jury trial if action removed by defendant.

Supreme Court Rule 00-5, In the matter of the amendment of SDCL 15-39-57, Claim of trail by court or jury by defendant Affidavit Special rule in designated judicial circuit governing removal to the regular civil docket of the court Entry fee and undertaking.

Supreme Court Rule 00-6, In the matter of the repeal of SDCL 15-39-59.

Supreme Court Rule 00-7, In the matter of the amendment of SDCL 15-39-66, Setoff or counterclaim stated by defendant Notice to plaintiff and postponement of hearing Answer by plaintiff Request for jury trial or petition for removal on non-compulsory counterclaims Provisions not compulsory.

Supreme Court Rule 00-8, In the matter of the amendment of SDCL 16-2-29.1, Fees of supreme court clerk No fee in certain cases.

Supreme Court Rule 00-9, In the matter of the amendment of SDCL 23A-4-3, Preliminary proceedings (Rule 5 (c)) Advice to defendant at initial appearance on charge requiring preliminary hearing Charges requiring preliminary hearing Waiver or scheduling of hearing Extension of time.

Supreme Court Rule 00-10, In the matter of the amendment of Rule IV of the Rules of Procedure of the Judicial Qualifications Commission (Appendix to SDCL 16-1A), IV Judicial Elections 1. Special Committee Proceedings and Authority.

Supreme Court Rule 00-11, In the matter of the adoption of a new rule relating to leave of absence for judges.

 

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

3-15-2000

Environment and Natural Resources

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

3-16-2000

Public Utilities Commission: One-Call Notification Board

Clarify one-call notification procedures; 26 SDR 109

3-16-2000

Environment and Natural Resources: Environmental Services

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

3-21-2000

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.

3-23-2000

Transportation

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

3-27-2000

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.

3-31-2000

Agriculture

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

4-3-2000

Social Services

Recovery of Medicaid benefits, limits on attorney fees; 26 SDR 119.

4-5-2000

Commerce and Regulation: State Banking Commission

Trust company record retention, delete a subsection; 26 SDR 119.

4-7-2000

Commerce and Regulation: Division of Insurance

Reduce credit life and health insurance rates; 26 SDR 119.

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 http://www.state.sd.us/state/legis/lrc.htm.