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South Dakota Legislative Research Council

Volume 24 Monday, 8:00 a.m., April 13, 1998


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: Commission of Engineering, Architectural and Land Surveying Examiners (April 8, 1998) intends to allow architectural exam candidates to pay exam fees directly to a national vendor, allow licensed professionals to put their file records on an inactive status, update references of accredited schools, allow petroleum exam fees to be sent in with application fees, clarify that all licenses are good for two years, decrease the renewal fees of petroleum assessors and remediators, and increase application and renewal fees for petroleum release businesses. The general authority for these rules, as cited by the agency, is SDCL 36-18-16, 36-18-17, 36-18-20, 36-18-42, 36-18-45, 36-18-62, 36-18-64, and 36-18-72.

A public hearing will be held on May 14, 1998, at 11:00 a.m., at the commission office, 2040 West Main #304, Rapid City. Copies of the rules may be obtained from and written comments sent to the Commission of Engineering, Architectural and Land Surveying Examiners, 2040 West Main #304, Rapid City, South Dakota 57702-2447, and must be received by May 14, 1998, to be considered. Persons who have special needs for which the agency can make arrangements are asked to call (605) 394-2510 before the hearing.

Department of Social Services (April 10, 1998) intends to require an individual who is fleeing to avoid prosecution, custody, or confinement for committing or attempting to commit a felony or for violating a condition of probation or parole, an individual who is convicted in a federal or state court of having made a fraudulent statement or representation regarding the individual=s place of residence in order to receive benefits from two or more programs simultaneously, an individual who is convicted of a felony which has as an element the possession, use, or distribution of a controlled substance, or an individual who has been disqualified for participation because of an intentional program violation, to participate in work activities as a condition of eligibility for the assistance unit and further specify that the period of eligibility for these particular assistance units is limited to 60 months; amend the criteria for determining whether unemployment exists on an Indian reservation; delete references to Alaskan native villages; correct the effective dates for the required levels of participation in work activities; establish a required level of participation for two-parent households which receive child care assistance; when determining the number of work hours required, consider as a one-parent household those two-parent households that contain a parent who has been approved to receive Social Security disability payments or a parent who is a veteran, has a 100 percent disability rating from the Veterans= Administration, and has been approved to receive disability payments from the Veterans= Administration; when determining whether a two-parent household has met its required level of participation, combine the hours worked by each parent; delete the provision that individuals in the community work activity complete their required work hours before receiving assistance; allow an individual in the community work activity to make up missed work as long as the work is made up within the same month, rather than the same pay period; limit job search activities to four consecutive weeks as a primary work activity or a total of six weeks during a state fiscal year; allow an individual=s participation in secondary education to count towards the individual=s first 20 hours of participation in a work activity until April 1, 1999 when participation in secondary education as a primary activity will be limited to individuals under the age of 20 who have not completed high school or obtained a high school equivalency diploma; specify that training which was approved by the Department before December 7, 1996 and involved vocational education, college, or university courses counts towards an individual=s work activity until March 31, 1999; if deprivation was based on a parent=s unemployment, clarify that the parents must meet the work participation requirements before a TANF cash payment may be mailed to the assistance unit; allow the Department to reduce the amount of assistance an assistance unit is eligible to receive if an individual fails to meet the required work activities; allow the Department to deny assistance for an applicant who fails to abide by the personal responsibility agreement; establish penalties to be used by the Department when a parent fails to abide by the personal responsibility agreement and, for the first occurrence, require the Department to give the recipient a written warning that continued noncompliance results in reduced assistance and possible case closure; allow an individual to claim good cause for failing to comply with the personal responsibility agreement; and delete from the list of good cause criteria, that situation in which the parent is caring for a child under six years of age and is employed or is participating 20 hours a week in an approved work activity.

A public hearing will be held on May 6, 1998, at 10:00 a.m., in Conference Room #1, Kneip Office Building, 700 Governor's Drive, Pierre. Copies of the 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, and must be received by May 18, 1998, to be considered. The hearing is being held in a physically accessible place. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3305 within 48 hours of the hearing.


Administrative Rules:

DEPARTMENT OF SOCIAL SERVICES incorporated by reference the latest editions of the Physicians' Current Procedural Terminology (cpt) and the International Classification of Diseases (ICD-9-CM) in rules relating to the Medicaid Program, ARSD 67:16:01:25 and 26; amended the definition of cost outlier and deleted the definition of day outlier, 67:16:03:01; clarified how the department calculates a hospital's base target amount and computes the rate of reimbursement and disallowed reimbursement for a day outlier, 67:16:03:06; increased the rate of reimbursement for services provided in a psychiatric unit, 67:16:03:06.06; clarified how the department reimburses outpatient laboratory services incurred within three days immediately preceding an inpatient stay, 67:16:03:06.07; incorporated by reference the latest amendments to the UB-92 National Uniform Billing Data Element Specifications, 67:16:03:14; amended the list of diagnosis related groups (DRGs) together with their associated weights and lengths of stay, Appendix A; and repealed rules relating to rehabilitation hospitals, 67:16:10:01-11.

History--Notice: 24 SDR 115, Feb. 23, 1998

Hearing: March 19, 1998

Filed: April 10, 1998

Effective: April 30, 1998

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.





Commerce and Regulation: Board of Pharmacy

Licensure fees, nonprescription drug practices; 24 SDR 135.



South Dakota Soybean Research and Promotion Council districts and election procedures; 24 SDR 135.



Speed limits in Brown, Fall River, and Hand counties; 24 SDR 136.


Commerce and Regulation: Division of Commercial Inspection and Regulation

Safety inspection fee for bulk liquid petroleum gas facilities, minimum safety standards for bulk liquefied petroleum gas storage facilities; 24 SDR 136.



Commerce and Regulation: State Banking Commission

Application fee for a loan production office; 24 SDR 139.


Commerce and Regulation: State Banking Commission

License fees for mortgage lenders and brokers; 24 SDR 139.


Commerce and Regulation: State Banking Commission

Fees for installment loan licenses; 24 SDR 139.



Public Utilities Commission

Licensing and supervision of grain warehouses and grain dealers, submission of financial information; 24 SDR 139.


Commerce and Regulation: Real Estate Commission

Examination and application procedures, continuing education, training for course providers; 24 SDR 140.


Social Services

Temporary Assistance to Needy Families Program; 24 SDR 143.


Commerce and Regulation: Commission of Engineering, Architectural and Land Surveying Examiners

Fees, inactive status, accredited schools, duration of licenses; 24 SDR 143.



The next meeting of the Interim Rules Review Committee will be held April 22, 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