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

Secretary of State: Board of Elections (May 26, 1998) intends to adopt rules to provide more precise citations for general authority and law implemented, provide clearer instructions on the confirmation mailing notice, provide an address verification notice, remove references to elderly voters in election notices, provide an election notice for the formation of special districts, change the official ballot stamp, provide uniform instructions to the voters on all ballots, change the wording on nominating, initiative, and referendum petitions, provide a petition form for creation of a special district, repeal an unused set of voting instructions, change the ink color for certain envelopes, and change the column headings in the pollbook. The general authority for these rules, as cited by the agency, is SDCL 1-51-8, 12-1-9, 12-3-13, 12-4-35, 12-16-23, 12-16-28, 12-18-8.1, 12-18-8.1, 12-19-2, 12-19-4, and 12-20-52.

A public hearing will be held on June 24, 1998, at 1:00 p.m., in Room 413, State Capitol, Pierre. Written comments may be sent to the South Dakota Secretary of State, 500 East Capitol Avenue, Pierre, South Dakota 57501, and must be received by June 24, 1998, to be considered. Copies of the rules may be obtained from the same address. The hearing is being held in physically accessible place. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3537 at least forty-eight hours before the hearing.

Department of Agriculture: Animal Industry Board (May 27, 1998) is considering the adoption of rules to allow for written permits to be issued on imported Mexican origin steers and spayed heifers to be fed in approved terminal feedlots and to amend the retesting time period for tuberculosis reaccreditation and brucellosis recertification to 21-27 months. The general authority for these rules, as cited by the agency, is 40-3-14, 40-3-25, 40-3-26, and 40-5-8.6.

A public hearing will be held on July 14, 1998, at 2:30 p.m., at the Animal Industry Board Office, Pierre. Written comments may be sent to the South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501, and must be received by July 14, 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) 773-3321 before the hearing.

Department of Social Services (May 28, 1998) intends to adopt rules to allow Medicaid coverage for certain children whose family income is up to 133 percent of the federal poverty level, specify that eligibility for medical assistance begins with the first day of the month the department actually receives the application rather than the first day of the month of application, no longer allow a public auction to be used to determine the fair market value of property, and incorporate by reference the latest federal poverty levels adopted by the Department of Health and Human Services. The general authority for these rules, as cited by the agency, is SDCL 25-4-45.3, 28-1-61, 28-6-1, 28-6-3.1, and 28-6A-12.

A public hearing will be held on June 24, 1998, at 11:00 a.m., in Secretary Ellenbecker's office, First Floor, 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 July 6, 1998, to be considered. Copies of the rules may be obtained from the same address. The hearing is being held in physically accessible place. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3305 within forty-eight hours of the hearing.

Department of Transportation: Transportation Commission (May 28, 1998) intends to adopt rules to revise speed limits in Kingsbury County on U.S. Highway 14 and on U.S. Highway 81 through Arlington. The general authority for these rules, as cited by the agency, is SDCL 32-25-7.

A public hearing will be held on June 25, 1998, at 9:00 a.m., in the Commission Room, Becker-Hansen Building, Pierre. Written comments may be sent to the Department of Transportation, 700 East Broadway Avenue, Pierre, South Dakota 57501-2586, and must be received by June 24, 1998, to be considered. Copies of the rules may be obtained from the Secretary of Transportation, Room 202, Becker-Hansen Building, 700 East Broadway Avenue, Pierre, South Dakota 57501-2586. The hearing is being held in physically accessible place. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3265 at least forty-eight hours before the hearing.

Executive Order 98-08, dated May 21, 1998, directs that the South Dakota Task Force on Long-Term Care Reimbursement for Nursing Facilities be established to assess, study, and make recommendations on the changes needed to assure proper and adequate care and accessibility to all elderly residents on South Dakota who may require long-term nursing care. The task force is to report its findings to the Governor by December 31, 1998.

DEPARTMENT OF COMMERCE AND REGULATION: REAL ESTATE COMMISSION repealed a rule that provided the address of the commission, ARSD 20:69:02:01; revised the time line for application for license by examination, 20:69:03:01; revised terminology, 20:69:03:02, 05, 06, 08; required proof of a passing score to accompany an application for licensure, 20:69:03:02.01; revised requirements for taking the examination, 20:69:03:04; required that the education be completed before registering for the examination, 20:69:03:04.01; provided for use of a testing service, 20:69:03:06.01; revised fees, 20:69:03:10, 11, 13, 14; authorized certification of prelicensing education courses, 20:69:04:01.01; authorized the audit of courses, 20:69:04:10.01; revised required continuing education courses, 20:69:11:02; and revised the criteria for teaching continuing education, 20:69:11:07.

History--Notice: 24 SDR 140, April 3, 1998

Hearing: May 6, 1998

Filed: May 27, 1998

Effective: June 16, 1998

DEPARTMENT OF AGRICULTURE: SOUTH DAKOTA SOYBEAN RESEARCH AND PROMOTION COUNCIL revised requirements regarding quarterly reports, ARSD 12:09:02:01; and revised the procedure by which check-off fees are conducted, 12:09:09:02.

History--Notice: 24 SDR 109, Feb. 9, 1998

Hearing: March 3, 1998

Filed: May 28, 1998

Effective: not effective

EDITOR'S NOTE: These rules were not filed within seventy-five days of the public hearing as required by SDCL 1-26-4.3. Therefore, they will not become effective.

DEPARTMENT OF COMMERCE AND REGULATION: COMMISSION OF ENGINEERING, ARCHITECTURAL & LAND SURVEYING EXAMINERS revised examination fees, ARSD 20:38:03:07, 08; updated lists of accredited education curricula, 20:38:03:17; revised the time for submitting the examination fee, 20:38:11:05; revised the expiration date of the certificate, 20:38:11:09; revised the renewal date and fee for the certificate, 20:38:11:11; revised continuing education requirements, 20:38:11:12; and revised fees, 20:38:11:16.

History--Notice: 24 SDR 143, April 8, 1998

Hearing: May 14, 1998

Filed: May 29, 1998

Effective: June 18, 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.

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.