State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., June 21, 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 Commerce and Regulation: Division of Insurance: (June 16, 1999) intends to adopt rules to require individuals or entities subject to these rules to follow the procedures and standards of the latest American Academy of Actuaries manuals, NAIC manuals, and the AMA CPT manual. The general authority for these rules, as cited by the division, is SDCL 58-3-11, 58-3-26, 58-4-48, 58-6-75, 58-14-17, 58-17A-2, 58-17A-6, 58-17A-7, 58-17B-8, 58-26-13.1, 58-26-46, 58-26-47, 58-26-52, 58-27-7, 58-27-108, 58-33-5.1.

A public hearing will be held in the first floor conference room of the Commerce Building, 118 West Capitol, Pierre, South Dakota, on Tuesday, July 13, 1999, at 9:00 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 Friday, July 23, 1999, to be considered. Persons who have special needs for which the department can make arrangements are asked to call the division at (605) 773-3563 before the hearing.

Department of Commerce and Regulation: Division of Insurance: (June 16, 1999) is proposing rules to revise the basic core benefits required for all Medicare supplement plans, to update the standards for additional benefits in certain plans, to revise reference to federal law, and to revise and update current benefit outlines. The general authority for these rules, as cited by the division is SDCL 58-17A-2.

A public hearing will be held in the first floor conference room of the Commerce Building, 118 West Capitol, Pierre, South Dakota, on Tuesday, July 13, 1999, at 9:00 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 Friday, July 23, 1999, to be considered. Persons who have special needs for which the department can make arrangements are asked to call the division at (605) 773-3563 before the hearing.

Department of Commerce and Regulation: Cosmetology Commission: (June 17, 1999) is proposing rules to update and clarify safety and sanitation procedures, ban the use of methyl methacrylate monomers (MMA) in nail products, update requirements for license applications, add additional requirements for lapsed licenses, add requirements to handle a blood spill, update apprentice reporting procedures, and update the approved textbooks used for cosmetology education. The general authority for these rules, as cited by the commission, is SDCL 36-15-13, 36-15-13.1, and 36-15-48.

A public hearing will be held at the Cosmetology Commission Office, 111 East Capitol Avenue, Pierre, South Dakota, on July 12, 1999, at 5:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Cosmetology Commission, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070. Material sent by mail must be received by July 12, 1999, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the commission can make arrangements are asked to call (605) 773-6193 at least forty-eight hours before the hearing.

Department of Agriculture: Agriculture Services: (June 18, 1999) intends to adopt EMERGENCY rules to prevent the spread of small hive beetles in South Dakota apiaries. The general authority for these rules, as cited by the department, is SDCL 38-18-28 and 38-18-28.1

A copy of the proposed rule may be obtained from the South Dakota Department of Agriculture, Agriculture Services, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501-3182.

Department of Revenue: (June 18, 1999) is proposing rules to require a person to attend and pass an additional fourteen hour course to renew an assessor certificate, change the re-certification process when a certificate has expired, require an assessor to use the 1999 Marshall and Swift Residential Cost Handbook and 1999 Marshall Valuation Service, change the form for the certificate of value, and add abstract classes for types of real estate established by the department. The general authority, as cited by the department, is SDCL 7-9-7.2, 10-1-16.1, 10-3-1.2, 10-6-33.13, and 10-10-6.

A public hearing will be held in the basement conference rooms E and W, Department of Revenue Office, 445 East Capitol Avenue, Pierre, South Dakota, on July 8, 1999, at 9:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the Department of Revenue, Legal Division/Rules, 445 East Capitol Avenue, Pierre, South Dakota 57501-3185. Material sent by mail must be received prior to July 19, 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) 773-4701 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: Board of Accountancy: (June 18, 1999) intends to adopt rules to clarify and establish requirements to sit for the Uniform CPA exam; establish criteria for individuals who passed the exam under prior law who have not applied for a certificate; implement additional fees for untimely filing of certificate applications; firm and individual permit applications and filing of peer review documents; update reference material; clarify procedures for suspension due to misconduct; promulgate definitions used in reference to annual requirements of certificate and license holders who are not required to hold permits to practice; establish procedures and fees for renewal or registration of certificate and license holders who are not required to hold permits to practice; prorate application fees for renewal of firm and individual permits submitted during the second half of the fiscal year; clarify professional ethics exam requirements; clarify the board's right to verify continuing professional education requirements of nonresident permit holders; clarify procedures and increase fees for annual register listing and mailing lists of certain certificate holders; update language in professional ethics and peer review rules; and provide alternative procedure for filing equivalent peer review requests. The general authority for these rules, as cited by the department, 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 at the Holiday Inn City Centre, Embassy III Room, 100 North 8th Street, Sioux Falls, South Dakota, on Monday, July 19, 1999, at 1:30 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. Material sent by mail must be received on or before July 16, 1999, to be considered. This hearing is being held in a physically accessible place.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Order:

Executive Order 99-06, dated June 16, 1999, is the annual renewal of the state's assurance to the federal government that the state provides a drug-free workplace.

 

 

Administrative Rules:

PUBLIC UTILITIES COMMISSION: 20:10:34:01 to 20:10:34:11, inclusive.

History-Notice: 25 SDR 131, April 19, 1999

Hearing: May 13, 1999

Filed: June 11, 1999

Effective: July 1, 1999

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF INSURANCE: 20:06:33:01

History-Notice: 25 SDR 137, May 3, 1999

Hearing: May 20, 1999

Filed: June 11, 1999

Effective: July 1, 1999

DEPARTMENT OF REVENUE: 61:24:04:03, 61:24:04:05, 64:01:01:22, 64:01:01:24, 64:01:01:32, 64:06:01:09, 64:06:02:89, 64:06:03:33, 64:06:03:53, 64:06:03:55, 64:07:01:19, 64:09:01:05, 64:26:02:12, and 64:28:03:04.04

History-Notice: 25 SDR 137, May 3, 1999

Hearing: May 21, 1999

Filed: June 11, 1999

Effective: July 1, 1999

DEPARTMENT OF SOCIAL SERVICES: 67:13:01:01

History-Notice: 25 SDR 157, June 7, 1999

Hearing: N/A

Filed: June 14, 1999

Effective: June 14, 1999

DEPARTMENT OF TRANSPORTATION: TRANSPORTATION COMMISSION: 70:01:02:06

History-Notice: 25 SDR 141, May 10, 1999

Hearing: May 27, 1999

Filed: June 14, 1999

Effective: July 4, 1999

SECRETARY OF STATE: BOARD OF ELECTIONS: 5:02:03:01, 5:02:04:14, 5:02:10:01, 5:02:17:02, 5:02:05:01, 5:02:05:02, 5:02:05:06, 5:02:05:10, 5:02:05:11, 5:02:05:11.01, 5:02:05:13, 5:02:05:20, 5:02:09:18, 5:02:16:00, 5:02:16:01, 5:02:16:03, 5:02:16:04, 5:02:16:06, 5:02:16:07, 5:02:16:09, 5:02:16:11, 5:02:16:14, 5:02:16:15, 5:02:16:16, 5:02:16:17, 5:02:16:26, 5:02:16:31, 5:02:16:37, 5:02:16:39, 5:02:16:42, 5:02:17:04, 5:02:17:05, 5:02:17:09, 5:02:05:03, 5:02:05:04, 5:02:16:13, and 5:02:08:05.01

History-Notice: 25 SDR 131, April 19, 1999

Hearing: May 13, 1999

Filed: June 16, 1999

Effective: July 6, 1999

CORRECTION: On page 150 of the Register dated June 7, 1999, under Administrative Rules filed by the Department of Commerce and Regulation: State Electrical Commission, the effective date should be July 1, 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:

 

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.

7-8-99

Revenue

Standards to renew assessor certificate, recertification process, assessors use updated materials, abstract classes for types of real estate; 25 SDR 166.

7-12-99

Commerce and Regulation: Cosmetology Commission

Clarify safety and sanitation procedures, ban use of MMA, update license requirements, handling of blood spills, apprentice reporting procedures, update approved textbooks; 25 SDR 165.

7-13-99

Commerce and Regulation: Division of Insurance

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

7-13-99

Commerce and Regulation: Division of Insurance

Federal requirements for Medicare supplement insurance policies; 25 SDR 165.

7-13-99

Commerce and Regulation: Division of Insurance

Replace outdated manuals incorporated by reference; 25 SDR 165.

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.

7-19-99

Commerce and Regulation: Board of Accountancy

Requirements for CPA exam, procedures and fees for certificate and license applications, application and filing of peer review documents, procedure for suspension, professional ethics exam, verification of continuing education requirements, 25 SDR 166.

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, August 11, 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.