State Seal

REGISTER

South Dakota Legislative Research Council

Volume 24 Monday, 8:00 a.m., May 4, 1998

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 Revenue (April 28, 1998) intends to adopt rules to clarify the taxability of certain services purchased by a manufacturer; clarify the sales and use tax liabilities concerning legal services provided by nonresident attorneys; and clarify what portion of gross receipts received by a travel reservation service provider are taxable. The general authority for these rules, as cited by the agency, is SDCL 10-45-47.1 and 10-46-35.1.

A public hearing will be held on May 19, 1998, at 9:00 a.m., in the basement conferences rooms E and W, Department of Revenue building, 445 East Capitol Avenue, Pierre. Written comments may be sent to the Department of Revenue, Legal Division/Rules, 445 East Capitol Avenue, Pierre, South Dakota 57501-3185, and must be received by May 29, 1998, to be considered. Copies of the rules may be obtained from the same address. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3311 before the meeting.

Department of Revenue (April 28, 1998) intends to adopt rules to modify the composition of the certification committee, remove the five course examination requirement to become a certified appraiser assessor, clarify the requirements for certification by the department, incorporate the current "Uniform Standards of Professional Appraisal Practice" publication, remove the point requirements for certification and re-certification, remove phrases, terminology, and procedures already specified in manuals adopted by the department, update the abstract classes of property within the state to reflect recent court cases and legislation, and adopt the "South Dakota Real Estate Appraisal Guide" for use in phrases, terminology, and procedures. The general authority for these rules, as cited by the agency, is SDCL 10-1-16.1, 10-3-1.2, 10-6-33.13, and 10-10-6.

A public hearing will be held on May 19, 1998, at 1:00 p.m., in the basement conferences rooms E and W, Department of Revenue building, 445 East Capitol Avenue, Pierre. Written comments may be sent to the Department of Revenue, Legal Division/Rules, 445 East Capitol Avenue, Pierre, South Dakota 57501-3185, and must be received by May 29, 1998, to be considered. Copies of the rules may be obtained from the same address. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3311 before the meeting.

Department of Revenue (April 28, 1998) intends to adopt rules regarding the regulation and licensing of boat dealers by applying the definition of an out-of-compliance dealer, repeated failure, and temporary closing to all dealer license types; applying the application and inspection process to all dealer license types; setting the procedure to be used in issuing multiple year dealer licenses and the method to be used in licensing dealers under a staggered licensing system; applying the requirements of giving notice of change of address of principal place of business, record-keeping, complaint inspections, consignment contract, record and retention to all dealer types; requiring a dealer to provide evidence that the dealer has a public liability insurance policy with initial application and renewal if it is a requirement of the license; requiring evidence from a dealer that the dealer has bond with initial application and renewal; providing for the issuance of demonstration/in-transit permits not only for boats but also trailers and snowmobiles; establishing standards for the design of the permits; applying the requirements for contesting denial of a license and license revocation procedures to all dealer types; providing correct statutory citations; allowing a licensed marketer to assign its rights to a South Dakota licensed supplier; noting the new address for the Division of Motor Vehicles; making it the responsibility of the dealer or owner to assure that the title is accurate and correct as issued; deleting language that indicates that a lien is not effective until it is noted on the title; revising procedures regarding the cancellation of a lien; deleing the requirement that an application for repossession must be accomplished through the register of deeds; requiring a title for repossession if available; removing the requirement that repossession cannot be applied for unless the lien is noted on the title; removing the requirement that a copy of a lien instrument must be certified; providing that the lien not be canceled when application for repossession is made; removing the requirement that the lienholder be in possession of the motor vehicle before making application for repossession; providing that any title that is issued with joint ownership as "and/or" be construed as "or"; adding records to the requirement that anyone requesting title, registration, or record information from the department must supply a written explanation of the purpose; revising how a dealer can access the state's computerized title and registration records; and requiring that the dealer have available a consignment contract with the seller and a copy of the front and back of the title in the name of the seller. The general authority for these rules, as cited by the agency, is SDCL 10-47B-2, 32-3-57, 32-3A-7, 32-5-90.2, 32-6B-6, 32-6B-25, 32-6B-30, 32-6B-60, 32-6B-62, 32-6B-65, 32-6C-4, 32-6C-9, 32-6C-17, 32-7A-5, 32-7A-14.1, 32-7B-18, and 32-7B-20.

A public hearing will be held on May 19, 1998, at 3:00 p.m., in the basement conferences rooms E and W, Department of Revenue building, 445 East Capitol Avenue, Pierre. Written comments may be sent to the Department of Revenue, Legal Division/Rules, 445 East Capitol Avenue, Pierre, South Dakota 57501-3185, and must be received by May 29, 1998, to be considered. Copies of the rules may be obtained from the same address. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3311 before the meeting.

Office of the Attorney General: Law Enforcement Officers Standards and Training Commission (May 1, 1998) intends to provide a limit on the time within which an applicant for certification may retake the examination, provide restrictions of internal management for student conduct during basic training, repeal rules that duplicate the student handbook, provide for dismissal from the certification program for certain violations, establish a formula for setting fees charged for persons admitted to the training programs, allow curriculum to be established by the commission, provide a process by which the certification of a reserve officer may be revoked or suspended, and provide for the revocation or suspension of certification for a law enforcement officer who engages in unbecoming conduct including a procedure for investigating a complaint. The general authority for this rule, as cited by the agency, is SDCL 23-3-35, 23-3-39.3, and 23-3-42.

A public hearing will be held on July 22, 1998, at 10:00 a.m., in Classroom 1, Rol Kebach Criminal Justice Training Center, Pierre. Written comments may be sent to the Law Enforcement Officers Standards and Training Commission, c/o Kevin Thom, 500 East Capitol, Pierre, South Dakota 57501, and must be received by July 21, 1998, to be considered. Copies of the rules may be obtained from the same address. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-4610 before the meeting.

Department of Social Services (May 1, 1998) intends to specify that a hospital-affiliated nursing facility must be physically attached to the hospital building and must routinely share common service areas; delete the definition of and references to the MDS+ document; define resident assessment and use that in place of the MDS+; increase the period of time within which a nursing facility must submit its annual statistical and cost summary report; change the determination of a facility's rate of return on net equity to apply to the base period year-end cost report used for establishing rate setting; change the ceiling calculation for nondirect care costs to 110 percent of the median for all nursing facilities; when determining the ceiling for capital costs, limit the capital costs to a daily rate for each bed in the facility regardless of the facility's group classification and whether the facility is owned, leased, or hospital-affiliated; and establish an add-on payment for specialty beds if certain conditions are met. The general authority for this rule, as cited by the agency, is SDCL 28-6-1.

A public hearing will be held on May 26, 1998, at 1:15 p.m., in Conference Room 1, Kneip Office Building, Pierre. Written comments may be sent to Jill Wellhouse, Administrative Rules, Department of Social Services, 700 Governors Drive, Pierre, South Dakota 57501, and must be received by June 5, 1998, to be considered. Copies of the rules may be obtained from the same address. 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.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Declaration:

An Executive Declaration, dated April 28, 1998, declares that pursuant to SDCL 42-8-1.2, the construction areas of Lake Sharpe/Missouri River are closed to recreational or navigational use while dredging activities are being performed in connection with the maintenance and reconstruction of existing boat access channels at LaFramboise and Farm Islands. The secretary of the Department of Game, Fish and Parks shall provide notice to the public of the prohibitions and restrictions.

Executive Orders:

Executive Order 98-06, dated April 27, 1998, directs that the South Dakota 911 Coordinated Statewide System Task Force be established and authorized to function immediately in compliance with this order until the provisions of Senate Bill 136 take effect on July 1, 1998. The provisions of this order are designed to facilitate the work of the task force created by Senate Bill 136 which is to provide its recommendations for the implementation, operation, and funding for a coordinated statewide 911 system to the Governor by November 30, 1998.

Administrative Rules:

DEPARTMENT OF GAME, FISH AND PARKS: GAME, FISH AND PARKS COMMISSION established new campground designations and fees and revised campground fees at Fort Sisseton, ARSD 41:03:04:01 and 03; allowed preference certificates for elk seasons to be used in any unit within that season, 41:06:01:10; revised certain hunting license fees, 41:06:02:03; required a waiting period before obtaining a subsequent Custer State Park deer license, 41:06:07:02; revised provisions for the West River prairie deer season, 41:06:20:01, 02.01, and 04; revised provisions regarding East River deer hunting, 41:06:21:02.01; clarified the archery deer hunting boundary in the Black Hills, 41:06:22:01; revised the available units and the available licenses for special antlerless deer archery hunting, 41:06:22:05; revised provisions for archery antelope hunting, 41:06:24:01-04; for elk hunting, established available licenses, unit boundaries, season dates, and eligibility requirements for landowner-operator preference certificates, 41:06:26:02 and 04; increased licenses for the Custer State Park elk hunting season and updated citations to authority, 41:06:27:02-02.03, 02.05, 02.07, 03, and 05; restricted the harvest of Custer State Park bighorn sheep to uncollared males and updated citations to authority, 41:06:31:01-04; provided dates, boundaries, and limited numbers for Custer State Park deer hunting, disallowed the taking of coyotes with the license, and updated citations to authority, 41:06:41:01-05; increased the number of licenses for the trophy bison bull harvest in Custer State Park and updated citations to authority, 41:06:42:01-05; for archery elk hunting, established the number and types of licenses available in units, revised and established unit boundaries, changed eligibility requirements for landowner-operator preference certificates, and disallowed a landowner-operator preference licensee to hunt on the licensee's land adjacent to but not in the open unit, 41:06:43:02 and 04; changed the opening date for the first season of the special Custer State Park antlerless elk season and updated citations to authority, 41:06:47:02 and 05; and revised the boundaries for the Custer State Park late archery elk season and updated citations for authority, 41:06:48:01, 02, and 04.

History--Notice: 24 SDR 131, March 23, 1998

Hearing: April 8, 1998

Filed: April 27, 1998

Effective: May 17, 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.

 

 

 

 

REMINDER OF HEARINGS SCHEDULED:

 

5-6-98

Commerce and Regulation: Real Estate Commission

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

5-6-98

Social Services

Temporary Assistance to Needy Families Program; 24 SDR 143.

5-7-98

Game, Fish and Parks

Fall wild turkey hunting season, national wildlife refuge deer hunting season, youth deer season, Black Hills deer hunting season, pheasant hunting season for disabled veterans; 24 SDR 147.

5-14-98

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

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

5-15-98

Agriculture: South Dakota State Fair Commission

Hours of operation, release time for livestock, exhibits, and concessionaires, hour for dismantling exhibits; 24 SDR 151.

5-19-98

Revenue

Tax liability of manufacturers, nonresident attorneys, and travel reservation service providers; 24 SDR 153.

5-19-98

Revenue

Certified appraisers and assessment of property; 24 SDR 153.

5-19-98

Revenue

Regulation and licensing of boat dealers; 24 SDR 153.

5-26-98

Social Services

Reimbursement for nursing facilities; 24 SDR 155.

5-28-98

Transportation

Speed limit in McPherson County; 24 SDR 151.

7-22-98

Attorney General: Law Enforcement Officers Standards and Training Commission

Examination, student conduct, fees, curriculum, revocation or suspension of certification; 24 SDR 154.

 

 

 

RULES REVIEW COMMITTEE MEETING:

The next meeting of the Interim Rules Review Committee will be held June 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 SDC.L 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 http://www.state.sd.us/state/legis/lrc.htm.