State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., August 16, 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 (August 9, 1999) is proposing rules to set proper reserves for annuities. The general authority for these rules, as cited by the department, is SDCL 58-26-66, 58-26-67, and 58-26-69.

A public hearing will be held in the first floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota, on September 9, 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 reach the Division by 5:00 p.m., Monday, September 20, 1999, to be considered. Persons who have special needs for which the department can make arrangements may call (605) 773-3563 before the hearing.

Bureau of Personnel: Law Enforcement Civil Service Commission (August 9, 1999) intends to adopt rules to improve the selection process for law enforcement applicants; to provide rules for selective examination of applicants who possess South Dakota Law Enforcement certification; to consolidate and enhance rules on removing applicants from the selection process; to update the grounds for disciplinary action, and to remove unnecessary references and rules. The general authority for these rules, as cited by the department, is SDCL 3-3-1, 3-7-6, 3-7-7, 3-7-9, 3-7-11, 3-7-17, and 3-7-18.

A public hearing will be held in Room 413, State Capitol Building, 500 East Capitol Avenue, Pierre, South Dakota, on September 8, 1999, at 8:30 a.m. Copies of the proposed rules may be obtained from and written comments sent to the Law Enforcement Civil Service Commission, Bureau of Personnel, 500 East Capitol Avenue, Pierre, South Dakota 57501. Material sent by mail must reach the Commission by September 7, 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 may call (605) 773-4918 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: South Dakota Commission on Gaming (August 10, 1999) is considering racing rules to allow American Paint and Appaloosa Horses to race in South Dakota and gambling rules to provide uniformity in the application of multiple player slot machine rules and accurately describe the rules as well as to protect the city of Deadwood in maintaining current numbers of devices for taxation purposes. The general authority for these rules, as cited by the department, is SDCL 42-7-56, 42-7B-7, and 42-7B-11.

A public hearing will be held at City Hall, 102 Sherman Street, Deadwood, South Dakota, on September 9, 1999, at 10:30 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Commission on Gaming, 118 West Capitol Avenue, Pierre, South Dakota 57501-2017. Material sent by mail must reach the Commission by September 3, 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 may call (605) 773-6050 or (605) 578-3074 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF ACCOUNTANCY: 20:37:06:01, 20:37:06:01.01, 20:37:06:01.02, 20:37:06:01.04, 20:37:06:08, 20:37:06:11, 20:37:06:12, 20:37:07:01, 20:37:07:03, 20:37:08:01, 20:37:09:12, 20:37:10:02, 20:37:11:10, 20:37:11:14, 20:37:11:16, 20:37:13:01, 20:37:13:02, 20:37:13:03, 20:37:13:05, 20:37:13:06, 20:37:13:07, 20:37:13:08, 20:37:13:09, 20:37:13:09.01, 20:37:13:10.03, and 20:37:13:12

History-Notice: 25 SDR 166, June 21, 1999

Hearing: July 19, 1999

Filed: August 4, 1999

Effective: August 24, 1999

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES: BOARD OF MINERALS AND ENVIRONMENT:

74:28:21:01, 74:28:21:02, 74:28:22:01, 74:28:23:01, 74:28:24:01, 74:28:25:01, 74:28:25:03, 74:28:25:04, 74:28:25:05, 74:28:26:01, 74:28:27:01, 74:28:28:01, 74:28:28:03, 74:28:28:04, 74:28:28:05, 74:28:30:01, and 74:28:33:01

History-Notice: 25 SDR 138, May 3, 1999

Hearing: July 15, 1999

Filed: August 9, 1999

Effective: August 29, 1999

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF INSURANCE: 20:06:13:17.03, 20:06:13:17.04, 20:06:13:21, 20:06:13:78, 20:06:13:80 and Chapter 20:06:13 Appendix D.

History-Notice: 25 SDR 165, June 21, 1999

Hearing: July 13, 1999

Filed: August 12, 1999

Effective: September 1, 1999

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF INSURANCE: 20:06:12:02, 20:06:12:07, 20:06:13:02, 20:06:13:17.04, 20:06:13:21, 20:06:13:27, 20:06:19:04, 20:06:20:05, 20:06:21:05, 20:06:25:01, 20:06:25:02, 20:06:26:01, 20:06:30:07, 20:06:36:01, 20:06:36:04, 20:06:36:05, 20:06:37:01, 20:06:37:05, 20:06:37:07, 20:06:38:01, 20:06:38:24, and 20:06:38:33.

History-Notice: 25 SDR 165, June 21, 1999

Hearing: July 13, 1999

Filed: August 12, 1999

Effective: September 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

8-19-99

Commerce and Regulation: Division of Insurance

Allow disabled persons eligible for Medicare to obtain a Medicare supplement policy before age 65; 26 SDR 13.

8-26-99

Transportation

Revise speed zones in Lincoln and Roberts County; 26 SDR 17.

9-8-99

Bureau of Personnel: Law Enforcement Civil Service Commission

Selection process for law enforcement applicants, rules for selective examination of certain applicants, removing applicants from selection process, update grounds for disciplinary action, update references; 26 SDR 25.

9-9-99

Commerce and Regulation: Division of Insurance

Set proper reserves for annuities; 26 SDR 25.

9-9-99

Commerce and Regulation: Commission on Gaming

Racing rules to allow certain horses to race in SD, gambling rules to provide uniformity in application of multiple player slot machines and number of devices for taxation purposes in Deadwood; 26 SDR 25.

9-10-99

Agriculture: Division of Agricultural Services

Clarify locally declared pest list; 26 SDR 21.

9-16-99

Commerce and Regulation: Board of Medical and Osteopathic Examiners

Reduce the annual physician licensure renewal fee to $50; 26 SDR 17.

10-1-99

Commerce and Regulation: Board of Social Work Examiners

Candidates for CSW-PIP licensure to file supervision agreements, clarify requirement for licensure, define criteria for supervision; 26 SDR 9.

10-7-99

Commerce and Regulation: Board of Funeral Services

Enable Board of Funeral Service to regulate crematories; 26 SDR 17.

 

 

 

 

 

 

Rules Review Committee Meeting

The next meeting of the Interim Rules Review Committee will be held Tuesday, October 19, 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 26 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.