State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., May 8, 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 Commerce and Regulation: Board of Accountancy (May 3, 2000) is proposing rules which will change the fee structure for certificates, individual and firm permits; amend fee amounts for untimely filing of certificates, permits, certificate renewal and registration, certificate mailing list requests, and peer review documents. The general authority for these rules, as cited by the board, is SDCL 36-20A-7, 36-20A-8, 36-20A-8.2, 36-20A-10, 36-20A-14, 36-20A-18, and 36-20A-36.

A public hearing will be held in the Legislative Audit Conference Room, 427 South Chapelle, Pierre, South Dakota, on Thursday, May 25, 2000, at 1:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Board of Accountancy, 301 East 14th Street, Suite 200, Sioux Falls, South Dakota 57104. This hearing is being held in a physically accessible place. Persons who have special needs for which the board can make arrangements are asked to call (605) 367-5770 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: South Dakota Commission on Gaming (May 4, 2000) is considering rules which will clarify rules on licensees who purchase slot machines for use in South Dakota may only purchase them from persons licensed by a recognized governmental agency, clarify that properly licensed operators may perform repairs and maintenance upon bill acceptors for slot machines owned by other licensed persons and that they may sell parts for bill acceptors to other lawful licensees after obtaining the Executive Secretary's written approval. The general authority for these rules, as cited by the board, is SDCL 42-7B-7 and 42-7B-11.

A public hearing will be held at City Hall, 102 Sherman Street, Deadwood, South Dakota, on June 6, 2000, at 10:00 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, South Dakota 57501-2017. 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 Commerce and Regulation: Division of Securities (May 5, 2000) intends to adopt rules which will require registration requirements for broker-dealers, broker-dealer agents and agents of the issuer. The rules include requirements for books and records and minimum financial requirements. Rules of conduct cover fraudulent, dishonest and unethical practices. The general authority for these rules, as cited by the division, is SDCL 47-31A-412.

A public hearing will be held in the Commerce Building, 2nd Floor Conference Room, 118 West Capitol Avenue, Pierre, South Dakota, on June 28, 2000, at 1:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Division of Securities, 118 West Capitol Avenue, Pierre, South Dakota 57105-2000. This hearing is being held in a physically accessible place. Persons who have special needs for which the division can make arrangements are asked to call (605) 773-4823 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF COUNSELOR EXAMINERS: 20:68:02:03, 20:71:04:02, and 20:73:02:02.

History-Notice: 26 SDR 99, Jan. 18, 2000

Hearing: February 18, 2000

Filed: May 1, 2000

Effective: May 21, 2000

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF INSURANCE: 20:06:06:03 and 20:06:06:04.

History-Notice: 26 SDR 119, March 13, 2000

Hearing: April 7, 2000

Filed: May 1, 2000

Effective: May 21, 2000

DEPARTMENT OF SOCIAL SERVICES: 67:54:03:04, 67:54:03:05, 67:54:03:06, 67:54:03:09, 67:54:04:01, 67:54:04:05, 67:54:04:06, 67:54:04:08, 67:54:04:10, 67:54:04:12, 67:54:04:13, 67:54:04:14, 67:54:04:16, 67:54:04:17, 67:54:04:18, 67:54:04:19, 67:54:04:20, 67:54:04:21, 67:54:04:22, 67:54:04:24, and 67:54:04:25.

History-Notice: 26 SDR 117, March 6, 2000

Hearing: March 27, 2000

Filed: May 1, 2000

Effective: May 21, 2000

DEPARTMENT OF EDUCATION AND CULTURAL AFFAIRS: SOUTH DAKOTA BOARD OF EDUCATION: 24:05:13 to 24:05:22, inclusive; and 24:05:24 to 24:05:35, inclusive.

History-Notice: 26 SDR 113, Feb. 28, 2000

Hearing: March 21, 2000

Filed: May 2, 2000

Effective: May 22, 2000

DEPARTMENT OF COMMERCE AND REGULATION: STATE BANKING COMMISSION: 20:07:05:32 and 20:07:10:02.

History-Notice: 26 SDR 119 March 13, 2000

Hearing: April 7, 2000

Filed: May 4, 2000

Effective: May 24, 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.

 

REMINDER OF HEARINGS SCHEDULED

5-15-2000

Agriculture: Brand Board

Define open markets, establish amount paid to feed and transport estray livestock; 26 SDR 139.

5-25-2000

Commerce and Regulation: Board of Accountancy

Fee structure for certificates, individual and firm permits; fee amounts for untimely filing of certificates, permits, certificate renewal and registration, certificate mailing list requests and peer review documents; 26 SDR 149.

6-2-2000

Labor: Division of Labor and Management

Update worker's compensation fee schedule, life expectancy table, pre-hearing procedure, request for conciliation; 26 SDR 147.

6-6-2000

Commerce and Regulation: Commission on Gaming

Clarify rules on licensees who purchase slot machines; who may repair and maintain bill acceptors for slot machines; who may sell parts for bill acceptors; 26 SDR 149.

6-28-2000

Commerce and Regulation: Division of Securities

Registration requirements broker-dealers, broker-dealer agents and agents of the issuer; requirements for books and records and financial requirements; rules of conduct; 26 SDR 149.

7-20-2000

Environment and Natural Resources: Board of Minerals and Environment

Facilities generating, transporting, treating, storing, or disposing of hazardous wastes comply with rules; 26 SDR 147.

 

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Wednesday, June 7, 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: 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.