State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., June 14, 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)

Governor's Office of Economic Development: Board of Economic Development: (June 9, 1999) intends to adopt rules to implement the "Value Added Agriculture Subfund" as passed by the 1999 South Dakota Legislature. The general authority for these rules is SDCL 1-16G-28.

A public hearing will be held in Legislative Conference Rooms 1 and 2, Third Floor of the Capitol Building, Pierre, South Dakota, on June 29, 1999, at 11:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the Governor's Office of Economic Development, Capitol Lake Plaza, 711 East Wells Avenue, Pierre, South Dakota 57501. Material sent by mail must be received by June 28, 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 the department at (605) 773-5032 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: Division of Insurance: (June 9, 1999) is proposing rules to establish specific criteria for determining which associations are eligible to issue group health insurance. The general authority for these rules, as cited by the department, is SDCL 58-18-62.

A public hearing will be held in the second floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota, on July 13, 1999, at 10:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Division of Insurance, 118 West Capitol Avenue, Pierre, South Dakota 57501-2000. Material sent by mail must be received by 5:00 p.m., July 23, 1999, to be considered. Persons who have special needs for which the department can make arrangements are asked to call the Division of Insurance at (605) 773-3563 before the hearing.

Department of Commerce and Regulation: State Plumbing Commission: (June 9, 1999) is considering rules which revise the length of time a temporary permit for any license is valid, changes the re-examination waiting period to three months, revises licensing requirements for plumbing contractors, plumbers, plumber apprentices, water conditioning apprentices, appliance contractors, installers, and apprentices, sewer and water contractors, installers, and apprentices, manufactured and mobile home contractors and installers, and underground irrigation contractors and installers; revise the examination criteria for water conditioning contractors and installers and sewer and water contractors and installers; revise temporary permits for water conditioning licenses; increase license fees issued by the commission; revise requirements for installation and maintenance of plumbing in buildings in the state. The general authority for these rules, as cited by the department, is SDCL 36-25-14 and 36-25-15.

A public hearing will be held in the State Motel Conference Room, 640 North Euclid Avenue, Pierre, South Dakota, on July 20, 1999, at 1:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the State Plumbing Commission, 118 West Capitol Avenue, Pierre, South Dakota 57501-2000. Material sent by mail must be received prior to July 20, 1999, to be considered. A copy of the 1996 National Standard Plumbing Code may be obtained by sending a check or money order in the amount of $60.00 to the same office. Persons who have special needs for which the department can make arrangements are asked to call the Division of Insurance at (605) 773-3429 before the hearing.

Department of Social Services: (June 10, 1999) is proposing to update existing rules and to move into place a procedure which the department intends to use to validate a nursing facility's completed resident assessments and to allow the department to adjust the facility's payment if the assessments are incorrect. The general authority for these rules, as cited by the department, is SDCL 28-1-24.1 and 28-6-1.

A public hearing will be held in Conference Room #1, Kneip Office Building, 700 Governors Drive, Pierre, South Dakota, on Friday, July 2, 1999, at 9:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to Jill Wellhouse, Administrative Rules, Department of Social Services, 700 Governors Drive, Pierre, South Dakota 57501. Ms. Wellhouse may be contacted by telephone at (605) 773-3305. Material sent by mail must be received prior to July 12, 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) 773-3305 at least forty-eight hours before the hearing.

Department of Social Services: (June 10, 1999) intends to adopt rules relating to the Medicaid reimbursement provisions for nursing facilities as recommended by the South Dakota Task Force on Long-Term Care Reimbursement for Nursing Facilities. The general authority for these rules, as cited by the department, is SDCL 28-6-1.

A public hearing will be held in Conference Room #1, Kneip Office Building, 700 Governors Drive, Pierre, South Dakota, on Thursday, July 1, 1999, at 1:30 p.m. Copies of the proposed rules may be obtained from and written comments sent to Jill Wellhouse, Administrative Rules, Department of Social Services, 700 Governors Drive, Pierre, South Dakota 57501. Ms. Wellhouse may be contacted by telephone at (605) 773-3305. Material sent by mail must be received prior to July 12, 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) 773-3305 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

James M. Neugebauer, Dimock, was appointed on June 1, 1999, to the American Dairy Association of South Dakota to replace Donna Sharp, effective immediately and to continue until July 1, 2000.

Brian L. Dickson, Rapid City, was appointed on June 1, 1999, to the American Dairy Association of South Dakota to replace Leo Herdina, effective immediately and to continue until July 1, 2000.

Ginger L. Hanten, Goodwin, was appointed on June 1, 1999, to the American Dairy Association of South Dakota to replace Donald Lee, effective immediately and to continue until July 1, 2001.

 

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:

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.

6-22-99

Social Services

Work requirements for TANF Program; 25 SDR 153.

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.

6-24-99

Agriculture: Division of Agricultural Development

$100,000 Livestock Loan Participation maximum; 25 SDR 153.

6-29-99

Office of Economic Development

Value Added Agriculture Subfund; 25 SDR 161.

7-1-99

Social Services

Medicaid reimbursement provisions for nursing facilities; 25 SDR 162.

7-2-99

Social Services

Procedures for validating a nursing facilities resident assessments; adjust payment if incorrect; 25 SDR 162.

7-13-99

Commerce and Regulation: Division of Insurance

Criteria for associations eligible to issue group health insurance; 25 SDR 161.

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.

7-20-99

Commerce and Regulation: Plumbing Commission

Licensing and examination criteria for various contractors, apprentices, and installers; installation and maintenance of plumbing in buildings; 25 SDR 161.

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.