State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., May 24, 1999


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 Environment and Natural Resources: Board of Water and Natural Resources: (May 19, 1999) is proposing rules to allow the department to utilize the funds appropriated from the Water and Environment Fund to offset the match requirements for waste tire cleanup projects. The general authority for these rules, as cited by the department, is SDCL 46A-1-84.

A public hearing will be held in the Floyd Matthew Training Center, Joe Foss Building, 523 East Capitol, Pierre, South Dakota, on June 23, 1999, at 1:30 p.m. Copies of the proposed rules may be obtained from and written comments sent to the Department of Environment and Natural Resources, Division of Financial and Technical Assistance, 523 East Capitol, Pierre, South Dakota 57501. Material sent by mail must be received prior to the close of 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 Keith Gestring at (605) 773-4216 at least forty-eight hours before the hearing.

Department of Game, Fish and Parks: (May 19, 1999) is considering rules to lengthen the time during which certain weapons are permitted at Angostura Recreation Area west of the dam, increase licenses for general muzzleloading deer hunting season in certain hunting units, establish the number and types of tags and licenses for the fall wild turkey hunting season, establish the number and types of tags and licenses available for the West River Prairie deer hunting season, and changes in restrictions for training dogs for locating, pursuing, pointing, or retrieving wild game birds. The general authority for these rules, as cited by the department, is SDCL 41-2-18, 41-6-21, 41-6-78, 41-11-5, and 41-17-1.1.

A public hearing will be held at the Community Center in Belle Fourche, South Dakota on June 10, 1999, at 2:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to John L. Cooper, Secretary, Game, Fish and Parks, Foss Building, 523 East Capitiol, Pierre, SD 57501. Material sent by mail must be received prior to the hearing date, to be considered. Comments may also be sent by e-mail to scott@gfp.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 Social Services: (May 20, 1999) intends to adopt EMERGENCY rules relating to the work requirements for certain recipients of the Temporary Assistance for Needy Families (TANF) Program.The general authority for these rules, as cited by the department, is SDCL 28-7A-3, 28-7A-10, and 28-7A-11.

A copy of the proposed rules may be obtained from Jill Wellhouse, Administrative Rules, Department of Social Services, 700 Governors Drive, Pierre, SD 57501. Ms. Wellhouse may be contacted by telephone at (605) 773-3305.

Department of Education and Cultural Affairs: Board of Education: (May 21, 1999) intends to adopt rules to specify allowable expenditures from a school district's special education fund, amend vocational education rules to allow initial five-year postsecondary credentials to be issued to certain instructors, to increase fees for postsecondary credentials, and to change internal references to teacher certification rules from Article 24:02 to Article 24:15. The general authority for these rules, as cited by the department, is SDCL 13-1-12.1, 13-16-32, 13-39-37, and 13-42-3.

A public hearing will be held at the Ramkota River Centre, 920 West Sioux Avenue, Pierre, South Dakota, on June 22, 1999, at 8:30 a.m. (CDT). Copies of the proposed rules may be obtained from and written comments sent to the Department of Education and Cultural Affairs, South Dakota Board of Education, 700 Governors Drive, Pierre, South Dakota 57501-2291. Material sent by mail must be received by June 18, 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) 773-3426 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Rudolph A. Nef, Milbank, was appointed on May 14, 1999, to the State Board of Regents, effective immediately and to continue until March 31, 2004.

Administrative Rules:

DEPARTMENT OF EDUCATION AND CULTURAL AFFAIRS: BOARD OF EDUCATION

24:10:24:28 and 24:10:42:29

History-Notice: 25 SDR 111, Feb. 22, 1999

24:03:06:17

History-Notice: 25 SDR 115, March 8, 1999 Hearing: March 15, 1999

Filed: May 17, 1999

Effective: June 6, 1999

DEPARTMENT OF SOCIAL SERVICES: 67:14:39:03, 67:14:39:05, 67:13:39:06, and 67:14:39:07.01

History-Notice: 25 SDR 125, April 5, 1999

Hearing: April 23, 1999

Filed: May 20, 1999

Effective: June 9, 1999

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:

5-25-99

Department of Agriculture: Division of Agricultural Services

Update apiary rules; 25 SDR 137.

5-27-99

Transportation

Speed zone through Brookings, change signs to reflect change in highway number; 25 SDR 141.

6-3-99

Commerce and Regulation: Commission on Gaming

Horse racing medications include furosemide, Deadwood gambling consultation procedures, new poker game, number of players in poker games, slot machine rules, make games more secure; 25 SDR 138.

6-8-99

Commerce and Regulation: Banking Commission

Reduce state examination fee; 25 SDR 138.

6-10-99

Labor: Division of Labor and Management

Change workers' compensation managed care plans to case management plans; 25 SDR 141.

6-10-99

Game, Fish and Parks

Certain weapons permitted at Angostura Recreation Area, muzzleloading deer hunting season, fall wild turkey hunting season, West River Prairie deer hunting season, restrictions for training dogs; 25 SDR 149.

6-11-99

Commerce and Regulation: Board of Pharmacy

Organize, update and clarify language; 25 SDR 139.

6-14-99

Commerce and Regulation: Driver Licensing Program

Enable department to issue restricted licenses; 25 SDR 145.

6-18-99

Commerce and Regulation: Board of Dentistry

Continuing education in dental radiography, operating procedures, equipment maintenance; 25 SDR 145.

6-22-99

Education and Cultural Affairs: Board of Education

Expenditures from special education fund, vocational education allow five-year postsecondary credentials, increase fees, change internal reference to teacher certification rules; 25 SDR 150.

6-23-99

Environment and Natural Resources: Board of Water and Natural Resources

Utilize funds from the Water and Environment Fund for waste tire cleanup projects; 25 SDR 149.

7-15-99

Environment and Natural Resources: Board of Minerals and Environment

Update hazardous waste rules, clarify recycled used oil management standards, treatment standards for hazardous waste, spent military munitions, storage of hazardous waste; 25 SDR 138.

 

Rules Review Committee Meeting

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 25 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.