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

Department of Agriculture: Division of Agricultural Services: (April 26, 1999) is considering updating the apiary rules to reflect current needs and to regulate apiary pests. The general authority for these rules, as cited by the department, is SDCL 38-18-28 and 38-18-28.1.

A public hearing will be held in Room 412 of the Capitol Building, 500 East Capitol Avenue, Pierre, South Dakota, on May 25, 1999, at 3:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Department of Agriculture, Division of Agricultural Services, Office of Agronomy Services Control, 523 East Capitol, Pierre, SD 57501. Material sent by mail must be received by May 24, 1999, 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) 773-3796 before the hearing.

Department of Revenue: (April 26, 1999) is considering rules to change the size and design of certain motorcycle permits, amend rules concerning use of electronic return system, change day and time for filing return information to the department, deem electronic or digital signatures valid, change date that retailer remits tax on goods sold on credit, define a co-employment relationship, make newspapers subject to sales tax, exempt snowmobiles from sales tax, clarify the use tax as it concerns newspapers, require certain contractors to file a bond before a tax license is issued, allocate revenues based upon pro rata deposits, and set requirements for the design and display of damage disclosure notices. The general authority for these rules, as cited by the department, is SDCL 10-43-42.1, 10-45-47.1, 10-46-35.1. 10-46A-19, 10-46B-18, 10-59-38, 32-3-57, 32-6B-25, 32-6B-30, 32-6B-60, 32-7B-20, and 32-6C-9.

A public hearing will be held in the basement Conference Rooms E and W at the Department of Revenue Office, 445 East Capitol, Pierre, South Dakota, on May 21, 1999, at 9:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the Department of Revenue, Legal Division/Rules, 445 East Capitol, Pierre, SD 57501-3185. Material sent by mail must be received by June 1, 1999, 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) 773-4701 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: Division of Insurance: (April 27, 1999) intends to establish a registration fee for those managed care organizations that register with the South Dakota Division of Insurance. The general authority for these rules, as cited by the department, is SDCL 58-18-76 and Senate Bill 236, Sections 14 and 15.

A public hearing will be held in the second floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota, on May 20, 1999, at 10:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Division of Insurance, 118 West Capitol, Pierre, SD 57501-2017. Material sent by mail must be received by noon, Tuesday, June 1, 1999, 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: Commission on Gaming: (April 29, 1999) is proposing racing rules which will authorize persons to enter or start horses that are lawfully using certain medications including furosemide. Proposed Deadwood gambling rules will more accurately describe informal consultation procedures, authorize new variations of poker, authorize the house to set the maximum number of players in poker games, make slot machine rules consistent with other rules governing slot machines, make games and gaming more secure, bring rules governing slot machine awards into current practices and procedures, streamline rules and procedures followed in Appendix A, Gaming Internal Control and Revenue Reporting Manual, bringing them into compliance with current practices and procedures followed by licensees; make the rules consistent with previous rule changes requested by the gaming industry and include new variations of poker on the monthly gross revenue tax report forms. The general authority for these rules, as cited by the department, is SDCL 42-7-56, 42-7B-7, and 42-7B-11.

A public hearing will be held at City Hall, 102 Sherman Street, Deadwood, South Dakota, on June 3, 1999, at 9:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Commission on Gaming, 118 West Capitol Avenue, Pierre, SD 57501-2017. Material sent by mail must be received by Friday, May 28, 1999, 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) 773-6050 or (605) 578-3074 at least forty-eight hours before the hearing.

Department of Environment and Natural Resources: Board of Minerals and Environment: (April 29, 1999) is proposing rules which will update existing hazardous waste rules. Proposed changes will also clarify the standards for recycled used oil management, establish treatment standards for certain hazardous wastes and for spent military munitions, and for the storage of hazardous wastes. The general authority for these rules, as cited by the department, is SDCL 34A-11-8 and 34A-11-9.

A public hearing will be held at the Floyd Matthew Environmental Education and Training Center, 523 East Capitol Avenue, Pierre, South Dakota, on July 15, 1999, at 10:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the Department of Environment and Natural Resources, Waste Management Program, 523 East Capitol Avenue, Pierre, South Dakota, 57501-3181. Material sent by mail must be received prior to the hearing 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) 773-3153 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: Banking Commission: (April 29, 1999) is proposing rules to reduce the semiannual state examination fee, effective December 31, 1999. The general authority for these rules, as cited by the department, is SDCL 51A-2-13 and 51A-2-36.

A public hearing will be held at The Oaks, 3300 West Russell Street, Sioux Falls, South Dakota, in the North Dakota Room on June 8, 1999, at 11:00 a.m. 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 Avenue, Pierre, South Dakota, 57501-5070. Material sent by mail must be received by May 28, 1999, 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.

Department of Commerce and Regulation: Board of Pharmacy: (April 30, 1999) is proposing changes to organize, update, and clarify language in their current rules and regulations, and also establish procedures for registration and supervision of technicians. The general authority for these rules, as cited by the department, is SDCL 36-11-10, 36-11-11, and 36-11-25.

A public hearing will be held at the Board of Pharmacy Conference Room, Suite 104, 4305 South Louise Avenue, Sioux Falls, South Dakota, on June 11, 1999, at 2:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the Board of Pharmacy, Suite 104, 4305 South Louise Avenue, Sioux Falls, South Dakota 57106. Material sent by mail must be received by June 8, 1999, 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) 362-2737 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE: (None)

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.

The next meeting of the Interim Rules Review Committee will be held Wednesday, June 16, 1999, in Legislative Conference Rooms 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 LRC with eight copies of the most recent draft of its rules two days before the meeting.