State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Tuesday, 8:00 a.m., July 6, 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 Transportation: Transportation Commission: (June 28, 1999) is proposing new rules relating to the procedure for a railroad to make application for authorization by the state to exercise the power of eminent domain to acquire right-of-way. The general authority for these rules, as cited by the commission, is SDCL 49-16A-75.1.

A public hearing will be held in the Commission Room, Becker-Hansen Building, 700 East Broadway, Pierre, South Dakota, on July 22, 1999, at 9:05 a.m. Copies of the proposed rules may be obtained from and written comments sent to the Secretary of Transportation, Room 202, Becker-Hansen Building, 700 East Broadway, Pierre, South Dakota 57501-2586. Material sent by mail must be received by July 21, 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) 773-3265 at least forty-eight hours before the hearing.

DECLARATORY RULINGS:

The Public Utilities Commission has filed with the Legislative Research Council a Declaratory Ruling EL99-010, In the Matter of the City of Flandreau Proposed Transmission Line. The City asked if the proposed project is within the SDCL 49-41B-2.1 definition of a transmission line and associated facility, thereby requiring a SDPUC permit. At its regularly scheduled June 22 meeting, the Commission considered the matter. The Commission determined that the proposed 115 kV transmission line is exempt from its siting jurisdiction because the entire line will be installed within the existing right-of-way on SD Highway 32 and the Industrial Park Road with the exception of the guying equipment for a corner pole. A copy of the Declaratory Ruling is on file with the LRC and is available for public inspection, copying or both during regular business hours.

 

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF AGRICULTURE: 12:41:03:04.01, 12:41:03:07, 12:41:07:01, 12:41:07:01.01, 12:41:07:01.02, 12:41:07:01.03, 12:41:07:02, 12:41:07:04, 12:41:07:05, 12:41:07:06, 12:41:07:08, 12:41:07:11, and 12:41:07:12

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

Hearing: May 25, 1999

Filed: June 28, 1999

Effective: July 18, 1999

Executive Orders:

Executive Order 99-09, dated June 28, 1999, establishes the South Dakota Recreational Trails Advisory Board.

 

Executive Appointments:

James A. Olson, Aberdeen, was reappointed on June 22, 1999, to the State Board of Examiners in Optometry, effective immediately, and to continue until July 1, 2001.

Jeffrey L. Rausch, Pierre, was reappointed on June 24, 1999, to the State Board of Examiners in Optometry, effective immediately, and to continue until July 1, 2001.

Katherine A. Kinsman, Rapid City, was reappointed on June 28, 1999, to the South Dakota Recreational Trails Advisory Board, effective immediately.

David R. Sweet, Sioux Falls, was appointed on June 28, 1999, to the South Dakota Recreational Trails Advisory Board, to replace Marsha Luzier, effective immediately and to continue at the pleasure of the Governor.

DeEtte M. Goss, Belle Fourche, was appointed on June 28, 1999, to the South Dakota Recreational Trails Advisory Board, to replace Barbara Cihak, effective immediately and to continue at the pleasure of the Governor.

DeLoris M. Erickson, Sioux Falls, was appointed on June 28, 1999, to the South Dakota Recreational Trails Advisory Board, to replace Dave Snyder, effective immediately and to continue at the pleasure of the Governor.

Kent A. Buhler, Pierre, was appointed on June 28, 1999, to the South Dakota Recreational Trails Advisory Board, to replace John Stekly, effective immediately and to continue at the pleasure of the Governor.

 

 

 

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:

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.

7-15-99

Game, Fish and Parks: Division of Wildlife

Antelope hunting season, East and West River deer hunting season, landowner licenses, youth waterfowl season, early September goose season possession limits, change season dates and add Marshall County, rifles on game production area in Hand County, trapping prohibitions, training dogs for hunting; 25 SDR 171.

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.

7-20-99

Commerce and Regulation: Commercial Inspection Division

Update rules and incorporate by reference 83rd National Conference on Weights and Measures requirements; 25 SDR 171.

7-22-99

Transportation: Transportation Commission

Railroad exercise of eminent domain; 26 SDR 1.

 

 

 

 

 

 

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.