State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., July 27, 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 Commerce and Regulation: State Banking Commission (July 20, 1998) During the 1998 legislative session, the general authority for money brokers administrative rules was repealed. Rules concerning loan production offices were amended to indicate the new general authority. The general authority for these rules, as cited by the agency, is SDCL 51A-2-13.

A public hearing will be held on August 13, 1998, at 10:00 a.m. at the Howard Johnson’s/Oak Motel, 3300 Russell Road, Sioux Falls. Copies of the rules may be obtained and written comments sent to the Department of Commerce and Regulation, Division of Banking, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070.Written comments must be received by August 13, 1998, to be considered. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3421 at least forty-eight hours before the hearing.

Department of Social Services (July 20, 1998) intends to adopt rules to update and clarify existing rules concerning transportation services to Medicaid recipients; no longer require prior authorization for transportation services; establish certain additional limits for reimbursement for transportation services; limit length of time recipient may receive reimbursement for meals and lodging; specify transportation expenses payable by a third-party are not eligible for reimbursement; establish rate of payment for meals, lodging, and mileage; increase the rate of payment to a community transportation service provider for transporting recipients within city limits. The general authority for these rules, as cited by the department, is SDCL 28-6-1

A public hearing will be held on August 14, 1998, at 1:15 p.m. in Conference Room 1 in the Kneip Office Building, 700 Governors Drive, Pierre, South Dakota. Copies of the rules may be obtained and written comments sent to Jill Wellhouse, Administrative Rules, Department of Social Services, 700 Governors Drive, Pierre, South Dakota, 57501, and must be received by August 24, 1998, to be considered. This 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) 773-3305 within 48 hours of the hearing.

Department of Agriculture (July 22, 1998) intends to adopt rules to create the new Stock Purchase Guaranty Program to assist agricultural producers to access capital for purchase of stock in producer involved cooperatives. The general authority for these rules, as cited by the agency, is SDCL 38-6-8.1.

A public hearing will be held on August 17 1998, in the Department of Agriculture Conference Room, 3rd Floor of the Foss Building, at 1:00 p.m. Copies of the rules may be obtained and written comments sent to the Department of Agriculture, Foss Building, 523 East Capitol, Pierre, South Dakota 57501, prior to the hearing date. Materials sent by mail must reach the department by August 17, 1998. This 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) 773-5436 within 48 hours of the hearing.

Department of Transportation (July 24, 1998) intends to adopt rules to revise speed limits in Dewey, Jackson, and Walworth Counties. The general authority for these rules, as cited by the agency, is SDCL 32-25-7.

A public hearing will be held on August 27, 1998, at 9:00 a.m. in the Commission Room, Becker-Hansen Building, in Pierre, South Dakota. Copies of the rules may be obtained and written comments sent to the South Dakota Department of Transportation, 700 East Broadway Avenue, Pierre, South Dakota 57501-2586, and must be received by August 26, 1998, to be considered. 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) 773-3265, at least 48 hours before the hearing.

Department of Social Services (July 24, 1998) intends to adopt a rule to update the list of procedures relating to Medicaid services payable to an ambulatory surgical center. The general authority for these rules, as cited by the agency, is SDCL 1-26 and 28-6.

A public hearing will be held on August 17, 1998, at 1:15 p.m. in Secretary Ellenbecker’s Office, First Floor, Kneip Office Building, 700 Governors Drive, in Pierre, South Dakota. Copies of the rules may be obtained and written comments sent to Jill Wellhouse, Administrative Rules, Department of Social Services, 700 Governors Drive, Pierre, South Dakota, 57501, and must be received by August 27, 1998, to be considered. This 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) 773-3305 within 48 hours of the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Jack Lynass, Pierre, was reappointed on July 15, 1998, to the South Dakota Economic Development Finance Authority Board of Directors, effective immediately and to continue until June 30, 2002.

Scott L. Shindler, Yankton, was appointed on July 22, 1998, to the State Board of Podiatry Examiners to replace Dana R. Ray, D.P.M., effective immediately and to continue until July 1, 2000.

David R. Lonbaken, Pierre, was appointed on July 22, 1998, to the State Board of Podiatry Examiners to replace Dr. Mark Bradley, effective immediately and to continue until July 1, 1999.

Clifford W. Thomas, Belle Fourche, was appointed on July 22, 1998, to the State Board of Podiatry Examiners to replace Marilyn Shaw, effective immediately and to continue until July 1, 2000.

Earl B. Bielmaier, Rapid City, was reappointed on July 22, 1998, to the State Board of Podiatry Examiners, effective immediately and to continue until July 1, 1999.

Gerald E. Tracy, Watertown, was appointed on July 22, 1998, to the South Dakota Advisory Council on Aging, to replace Frances Redfield, effective immediately and to continue until December 31, 1999.

LeRoy C. Anderson, Dell Rapids, was appointed on July 23, 1998, to the South Dakota Snowmobile Advisory Council, to replace George Gross, Jr., effective immediately and to continue until July 1, 2001.

Executive Orders:

Executive Order 98-11, dated July 20, 1998, creates the Emergency Medical Services Advisory Committee to advise the Office of Emergency Medical Services in the Department of Health on issues related to pre-hospital patient needs. The Committee includes representatives from volunteer and paid ambulance services, professional emergency medical services education and an emergency room Medical Director. The Committee will meet at least two times per year, work from agendas based on emerging issues developed by the Office of Emergency Medical Services, and report to the Governor By December 1, of each year. The Committee will cease on June 30, 2000.

Administrative Rules:

SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES: 67:11:01:03, 67:46:01:02, 67:46:01:03, and 67:46:05:04.

History Notice: 24 SDR 171, June 1, 1998

Hearing: June 24, 1998

Filed: July 20, 1998

Effective: August 9, 1998

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF INSURANCE: 20:06:09:29, :32, :37; 20:06:12:02, :07; 20:06:13:17.01, :21, :21.01, :36, :41, :51; 20:06:19:04,; 20:06:20:05; 20:06:21:05, :54; 20:06:25:01, :02; 20:06:26:01; 20:06:30:04, :07, :08; 20:06:36:01, :04, :05; 20:06:37:01, :05, :07; 20:06:38:01, :24, :33.

History Notice: 24 SDR 175, June 8, 1998

Hearing: June 2, 1998

Filed: July 20, 1998

Effective: August 9, 1998

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF INSURANCE: 20:06:18:01, :04.01, :05, :05.01, :05.02, :07, :08, :15.

History Notice: 24 SDR 175, June 8, 1998

Hearing: June 2, 1998

Filed: July 20, 1998

Effective: August 9, 1998

DEPARTMENT OF EDUCATION AND CULTURAL AFFAIRS: SOUTH DAKOTA BOARD OF EDUCATION: 24:16:08:02, :07, :09, :10, :13, :15, :17, :19, :21, :24, :27, :29, :32, :34, :36, :37, :39, :41, :42, :44, :46, :47, :49 through :58 and 24:16:09:02 and :03

History Notice: 24 SDR 159, May 11, 1998

Hearing: June 15, 1998

Filed: July 21, 1998

Effective: August 10, 1998

DEPARTMENT OF COMMERCE AND REGULATION:DIVISION OF INSURANCE: 20:06:39:11 through 20:06:39:20 and 20:06:41:03 through 20:06:41:10.

History Notice: 24 SDR 175, June 8, 1998

Hearing: June 2, 1998

Filed: July 24, 1998

Effective: August 13, 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:

7-28-98

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.

8-13-98

Commerce and Regulation: State Banking Commission

General authority for money brokers administrative rules repealed. Loan production offices amended – new general authority; 25 SDR 11.

8-14-98

Social Services

No prior authorization for transportation services for Medicaid recipients, limits for reimbursement for such services; 25 SDR 11.

8-17-98

Agriculture

Create new Stock Purchase Guaranty Program; 25 SDR 11.

8-17-98

Commerce and Regulation: Board of Veterinary Medical Examiners

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

8-17-98

Social Services

Update list of Medicaid services payable to ambulatory surgical center; 25 SDR 12.

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.

8-27-98

Transportation

Speed limits in Dewey, Jackson, and Walworth Counties; 25 SDR 12.

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.