State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., July 20, 1998


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 Minerals and Environment (July 13, 1998) intends to adopt rules to set requirements and procedures for department approval of waste tire collection and processing sites and identify approved uses of waste tires. The general authority for these rules, as cited by the agency, is SDCL 34A-6-1.6 and 34A-6-87.1.

A public hearing will be held on August 20, 1998, at 10:10 a.m. at the Floyd Matthew Environmental Education and Training Center, 523 East Capitol Avenue, Pierre. Copies of the rules may be obtained and written comments sent to the Department of Environment and Natural Resources, Waste Management Program, 523 East Capitol Avenue, Pierre, South Dakota 57501-3181. The hearing is being held in a physically accessible place. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3153 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: Board of Veterinary Medical Examiners (July 14, 1998) intends to adopt rules to require continuing education for annual registration renewal of veterinary technicians. The general authority for these rules, as cited by the agency, is SDCL 36-12-21.2.

A public hearing will be held on August 17, 1998, at 9:30 a.m. at the Best Western Ramkota Inn, Jct Hwy 38E and I-29, Sioux Falls, South Dakota. Copies of the rules may be obtained and written comments sent to the South Dakota Board of Veterinary Medical Examiners, 411 South Fort Street, Pierre, South Dakota 57501, and must be received by August 14, 1998, to be considered. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3321 before the hearing.

Department of Game, Fish and Parks (July 15, 1998) intends to adopt rules to change the daily bag and possession limits for ducks and mergansers, make changes to the dark goose season by establishing a separate hunting season, bag and possession limits for white-fronted geese; make changes to the daily bag and possession limits for the Canada goose and black brant season; reduce the Canada goose and black brant daily bag and possession limits in portions of Roberts and Grant Counties after December 1; and extend and make changes to the hunting hours for certain dark geese in Brookings, Clark, Codington, Day, Deuel, Hamlin, Kingsbury, Marshall, McCook, portions of Minnehaha, Lake, Moody, and Miner Counties; designate Reid Lake as a "no boating zone, Cottonwood Reservoir a "no motors zone", except electric motors, portions of Lehrman GPA a "no boating zone, and change the "public swimming zone" on Lake Campbell to a "no boating zone; prohibit uncased firearms on portions of Marcotte and Beilage GPAs; remove the requirement that only depredation to domestic livestock would be considered by the Department in granting a permit for aerial hunting of fox and coyote. In regard to licenses issued for 1999, repeal certain licenses, permits, and stamps and their respective fees, establish new resident and nonresident licenses and certification permits and their fees and surcharges; modify resident and nonresident hunting and fishing license fees and surcharges; and provide for duration of the validity of certain hunting, fishing, and trapping licenses issued by the department. The general authority for these rules, as cited by the agency, is SDCL 41-2-18, 41-6-10, 41-6-15, 41-6-18.2, 41-6-19.6, 41-6-21, 41-6-37.1,41-8-39.1, 41-11-5, 41-17-1.1, 42-8-1.1.

A public hearing will be held on August 10, 1998, at 1:30 p.m. at the Chamber of Commerce Community Room, 800 West Dakota, Pierre. Copies of the rules may be obtained and written comments sent to the Department of Game, Fish and Parks, Foss Building, 523 East Capitol, Pierre, South Dakota 57501 prior to the hearing date. Comments may also be sent by e-mail to alb@gfp.state.sd.us. E-mail comments must include the commenterís name and address. For access assistance, persons with special needs may call the department secretary.

Department of Education and Cultural Affairs: State Library Board (July 16, 1998) intends to enact rules for South Dakota libraries to apply for Library Services and Technology Act grant funds administered by the South Dakota State Library. The general authority for these rules, as cited by the agency, is SDCL 14-1-59.

A public hearing will be held on July 28, 1998, at 10:00 a.m. in the MacKay Conference Room of the South Dakota State Library in Pierre, South Dakota. Copies of the rules may be obtained and written comments sent to the State Librarian, South Dakota State Library, 800 Governors Drive, Pierre, South Dakota 57501-2294, and must be received by July 12, 1998, to be considered. Persons who have special needs for which the agency can make arrangements are asked to call 1-800-423-6665 or (605) 773-3131, before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Lynn Hager, Madison, was reappointed on July 10, 1998, to the South Dakota Housing Development Authority, effective immediately and to continue until June 30, 2003.

Administrative Rules:

SOUTH DAKOTA SECRETARY OF STATE: ELECTION BOARD: 5:02:03:19; 5:02:04:22; 5:02:08:39; 5:02:03:01.01, :16; 5:02:04:04, :05, :08, :09, :11, :13, :15, :16; 5:02:05:00, :02, :03; 5:02:06:03, :09, :10, :12, :15, :17, :19; 5:02:08:01, :13, :15, :16, :17, :34, :35; 5:02:10:01, :07, :08; 5:02:11:01, :02, :03, :04, :05; 5:02:12:01, :02, :03; 5:02:17:01, :02, :03, :03.01, :04, :05, :06, :07, :08, :09, :10

History Notice: 24 SDR 171, June 1, 1998

Hearing: June 24, 1998

Filed: July 13, 1998

Effective: August 3, 1998

CORRECTION: On page 193 of the Register dated July 6, 1998, the effective date of rules filed by the Department of Game, Fish and Parks should be July 19, 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.

REMINDER OF HEARINGS SCHEDULED:

7-22-98

Attorney General: Law Enforcement Officers Standards and Training Commission

Examination, student conduct, fees, curriculum, revocation or suspension of certification; 24 SDR 154.

7-23-98

Commerce and Regulation: Highway Patrol

Agricultural transport during harvest, motor carrier safety regulations, transportation of hazardous material; 24 SDR 189.

7-23-98

Commerce and Regulation: Driver Licensing

Driving privileges, work permits, commercial driver license third party testers, documents needed to obtain license; 24 SDR 189.

7-28-98

Education and Cultural Affairs: State Library Board

Library Services and Technology Act grant fund applications; 25 SDR 8.

8-10-98

Game, Fish and Parks

Waterfowl daily bag and possession limits, waterfowl hunting seasons, public water zoning, uses of parks and public lands, aerial hunting, licenses forms and fees, fishing license fees; 25 SDR 7.

8-17-98

Commerce and Regulation: Board of Veterinary Medical Examiners

Continuing education for registration renewal of veterinary technicians; 25 SDR 7.

8-18-98

Department of Health

Federal Drug Enforcement Regulations conformance, regulatory requirements, controlled substance-emergency basis, controlled substance abuse; 25 SDR. 193.

8-20-98

Environment and Natural Resources: Board of Minerals and Environment

Requirements and procedures for waste tire collection, processing sites, uses of waste tires; 25 SDR 7.

 

Rules Review Committee Meeting:

The next meeting of the Interim Rules Review Committee will be held August 24, 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.