State Seal REGISTER

South Dakota Legislative Research Council

Volume 27 Monday, 8:00 a.m., May 21, 2001


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: Division of Insurance: (May 15, 2001) is proposing rules to put in place the new general authority and law implemented citations for utilization review for organization grievance procedures. The general authority for these rules, as cited by the division, is SDCL 58-17C-63.

A public hearing will be held on Friday, June 8, 2001, at 9:00 a.m., in the first 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 South Dakota Division of Insurance, 118 West Capitol Avenue, Pierre, South Dakota 57501-2000. Written comments must be received before June 18, 2001, 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 may call (605) 773-3563 before the hearing.

Department of Game, Fish and Parks: (May 15, 2001) intends to adopt rules to establish the applicable fees and procedures for requesting and obtaining certain lists of license holders maintained by the department; for the fall wild turkey hunting season establish the number and types of licenses available, establish and modify certain season dates, and modify and repeal certain application and hunting requirements and restrictions; in the west river deer hunting season, establish number and types of licenses, establish and modify certain units, permit land occupant preference in certain units, modify season dates in certain units, clarify that special buck deer licenses are not valid on private land leased by the department for public hunting, provide clarification of the validity of certain licenses, and repeal unnecessary provisions relating to the allocation process for unsold licenses and maximum number of licenses a person may possess; modify the term "anterless" to include "elk" and define "any turkey"; in private shooting preserves provide for the release of additional male pheasants, prohibit the counting of hen pheasants to apply towards the required release and permit additional harvest of birds on preserves; and establish the daily and possession limit of family members fishing with a nonresident family fishing license. The general authority for these rules, as cited by the department, is SDCL 1-27-1, 41-2-18, 41-6-21, 41-6-37.1, and 41-11-5.

A public hearing will be held on Thursday, June 7, 2001, at 2:00 p.m., at the Dakota Bank of Lemmon, Lemmon, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to John L. Cooper, Secretary, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501, and must be received prior to the hearing date. Comments may also be sent by e-mail to chuck.schlueter@state.sd.us. E-mail comments must include the commenter's name and address. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3387, before the hearing.

 

Department of Environment and Natural Resources: Board of Water and Natural Resources: (May 15, 2001) is proposing rules to allow water quality grants for limited state water pollution control revolving fund (SRF) project activities and repeal ARSD 74:05:09, groundwater research and public education grants. Sunset provisions ended the program in 1995. The general authority for these rules, as cited by the department, is SDCL 46A-1-60.1, 46A-1-60.3, and 46A-1-87.

A public hearing will be held on Thursday, June 14, 2001, at 8:30 a.m. CDT, in the Floyd Matthew Training Center, Joe Foss Building, 523 East Capitol Avenue, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to Department of Environment and Natural Resources, Board of Water and Natural Resources, 523 East Capitol Avenue, Pierre, South Dakota 57501. The proposed rules may also be accessed on the DENR web page at: http://www.state.sd.us/denr/DFTA/WWFunding Written comments must be received before June 13, 2001, 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 may call Mike Perkovich at (605) 773-4216 at least forty-eight hours before the hearing.

Department of Agriculture: (May 16, 2001) and the Department of Game, Fish and Parks are proposing a rule which will remove the prairie dog from the status of a "pest". The general authority for this rule, as cited by the departments, is SDCL 34A-8A-2.

A joint public hearing will be held by the Department of Game, Fish and Parks Commission and the Department of Agriculture on Thursday, June 7, 2001, at 2:00 p.m., at the Dakota Bank of Lemmon in Lemmon, South Dakota. Copies of the proposed rule may be obtained from and written comments sent to John L. Cooper, Secretary of the Department of Game, Fish and Parks, or Larry Gabriel, Secretary of the Department of Agriculture, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501, and must be received prior to the hearing date. Comments may also be sent by e-mail to george.williams@state.sd.us and chuck.schlueter@state.sd.us. E-mail comments must include the commenter's name and address. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3387 or (605) 773-4432, before the hearing.

Notice: The South Dakota Lottery is ending instant ticket game numbers 114-Bingo Mania, 130-Holiday Cash, 134-2000, 135-Fast Money Bingo, and 145-License Plate. The last day that prizes will be paid for the games is Nov. 3, 2001.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF GAME, FISH AND PARKS: 41:03:01:19, 41:04:05:01.01, 41:04:05:01.02, 41:06:01:10, 41:06:02:03, 41:06:16:08, 41:06:16:09.01, 41:06:16:11.01, 41:06:19:01, 41:06:19:02, 41:06:19:04, 41:06:19:06, 41:06:36:02, 41:06:36:02.01, 41:06:36:02.02, 41:06:36:04, and 41:06:44:02.

History-Notice: 27 SDR 107, April 16, 2001

Hearing: May 3 & 4, 2001

Filed: May 17, 2001

Effective: June 6, 2001

DEPARTMENT OF SOCIAL SERVICES:

On May 17, 2001, the department filed updates to the Food Stamp Program Certification and Accountability Manual. The updates provide final regulations regarding able-bodied adults without dependent children and welfare reform changes.

 

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

5-23-2001

Secretary of State

Procedures for acceptance and refusal of Uniform Commercial Codes and requirements for filling out UCC forms and set fees for domestic business trusts; 27 SDR 113.

5-23-2001

Social Services

Incorporate by reference current versions of publications used by the Department and the latest federal poverty levels, increase the cost outlier, update DRG and Medicaid payments, incorporate by reference changes in rate of payment for nursing facilities; 27 SDR 113.

5-29-2001

Human Services

Guidelines for financial eligibility for mental health services; 27 SDR 121.

5-30-2001

Social Services

TANF rules updated and clarified; 27 SDR 117.

5-30-2001

Social Services

Amend Food Stamp Program rules; 27 SDR 118.

5-31-2001

Commerce and Regulation: Appraiser Certification Program

Increase certain fees; 27 SDR 121.

6-1-2001

Secretary of State: Board of Elections

Confirmation mailing notice, voter registration information, voter and ballot instructions, municipal recall and conservation district petitions, automatic tabulating system test notices, recount provisions, petition form for resolution of cooperation or consolidation, counting imperfectly marked ballots, and privacy sleeve for ballots; 27 SDR 117.

6-5-2001

Commerce and Regulation: Board of Osteopathic and Medical Examiners

Permit the Board to utilize applications other than those produced by the Board; 27 SDR 101.

6-7-2001

Game, Fish and Parks

Define anterless elk, fee for lists of license holders, fall turkey hunting season, west river turkey units licenses and exceptions, east river turkey units number of licenses, west river prairie deer season, daily and possession limit for nonresident family fishing license, release of birds in shooting preserves; 27 SDR 125.

6-7-2001

Agriculture and Game, Fish and Parks

Remove prairie dog from status of pest; 27 SDR 126.

6-8-2001

Commerce and Regulation: Division of Insurance

New general authority and law implemented citations; 27 SDR 125.

6-13-2001

Commerce and Regulation: Real Estate Commission

Provisions for prelicensing and continuing education, standards for home inspectors, and make rules conform to statutes; 27 SDR 117.

6-14-2001

Environment and Natural Resources

Allow water quality grant for SRF projects and repeal groundwater research and public education grants; 27 SDR 126.

6-27-2001

Labor: Division of Labor and Management

Workers' compensation benefits, changes in fee schedule, repeal in-patient treatment standards for claims; 27 SDR 118.

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held on Tuesday, June 12 at 9:00 a.m. in Room 413 of the State Capitol. The committee chair has set the following tentative meeting schedule for the 2001 interim: August 7, October 8, and November 28.

Agencies whose rules have had a public hearing will be scheduled to meet with the Rules Review Committee and 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 27 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://legis.state.sd.us.