State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., August 24, 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: Division of Insurance (August 17, 1998) intends to adopt rules to clarify the application of the "ordinarily prudent person" standard concerning preexisting condition waiting periods for individual health insurance policies and to protect agents who have referred certain high risk people for coverage. The general authority for these rules, as cited by the department, is SDCL 58-17-87.

A public hearing will be held in the first floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota, on Wednesday, September 23, 1998, at 8:00 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, and must be received by Monday, October 5, 1998, to be considered. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3563 before the hearing.

Department of Environment and Natural Resources (August 18, 1998) is considering adopting rules to require that a new community and a new nontransient noncommunity drinking water systems, after October 1, 1999, obtain a certificate of approval before beginning operation. The new drinking water system must demonstrate to DENR that it has adequate technical, managerial, and financial capacity. The proposed rules explains the procedure that must be followed in order to be issued a certificate of approval. The general authority for these rules, as cited by the department, is SDCL 34A-3A-25, 1-40-27

A public hearing will be held in the Conference Room, Floyd Matthew Training Center, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota, on Wednesday, September 30, 1998, at 10:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Department of Environment and Natural Resources, 523 East Capitol Avenue, Pierre, South Dakota 57501-3181, and must be received by 5:00 p.m., October 10, 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) 773-3754 at least 48 hours before the hearing.

Department of Agriculture: State Brand Board (August 19, 1998) intends to adopt rules to increase the fees to register and transfer ownership of a brand and to eliminate duplicate copies of the bill of sale. The general authority for these rules, as cited by the department, is SDCL 40-18-16.

A public hearing will be held in the conference room of the Livestock Complex, 413 South Fort Street, Pierre, South Dakota, on Tuesday, September 22, 1998, at 11:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the State Brand Board, 413 South Fort Street, Pierre, South Dakota 57501, and must be received by Tuesday, September 15, 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) 773-3324 at least 48 hours before the hearing.

Governorís Office of Economic Development (August 20, 1998) intends to adopt rules that will allow for-profit and non-profit economic development corporations to be eligible for loans from the REDI fund. The general authority for these rules, as cited by the department, is SDCL 1-16G-5.

A public hearing will be held in the Matthews Training Center, First Floor Foss Building, 523 East Capitol Avenue, Pierre, South Dakota, on Tuesday, September 22, 1998, at 10:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the Governorís Office of Economic Development, 711 East Wells Avenue, Pierre, South Dakota 57501-5070, and must be received by Monday, September 21, 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) 773-5032 at least 48 hours before the hearing.

Department of Game, Fish and Parks (August 20, 1998) intends to adopt rules to establish procedures for certain disabled persons and other persons who otherwise qualify by statute to acquire a resident small game license and fishing license at a reduced fee; the fee for the license; and the duration of validity; make changes to when and where elk depredation hunts may be conducted; establish the fee for the permit; the eligibility of landowners to participate in and acquire depredation hunt permits and regular elk licenses. In addition the Commission will hear further testimony on modifying the process involved in obtaining aerial hunting permits and 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. The general authority for these rules, as cited by the agency, is SDCL 41-2-18, 41-6-10.2, 41-6-21, 41-6-29.1.

A public hearing will be held at Smileyís, Main Street/North Broadway in Miller, South Dakota on Wednesday, September 9, 1998, at 2:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to John L. Cooper, Secretary, Department of Game, Fish and Parks, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501, and must be received 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. Persons who have special needs may contact the department secretary for assistance.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Ernest T. Edwards, Watertown, was appointed on August 10, 1998, to the Board of Military Affairs, to replace Warren Johnson, effective immediately and to continue at the pleasure of the Governor.

Kea Warne, Pierre, was appointed on August 11, 1998, to the Personnel Management Advisory Board, to replace Doreen Kayser, effective immediately and to continue at the pleasure of the Governor.

Joe Nadenicek, Pierre, was appointed on August 13, 1998, to the Southwestern Low-Level Radioactive Waste Disposal Commission, to replace Mike Pochop, effective immediately and to continue at the pleasure of the Governor.

Deborah N. Bouchie, Pierre, was appointed on August 13, 1998, to the Planning Council on Developmental Disabilities, to replace Eugene D. Rowenhorst, effective immediately and to continue until July 1, 2001.

Cynthia M. Roan Eagle, Rapid City, was appointed on August 13, 1998, to the Planning Council on Developmental Disabilities, effective immediately and to continue until July 1, 2001.

Kay Swenson, Pierre, was appointed on August 13, 1998, to the Planning Council on Developmental Disabilities, effective immediately and to continue until July 1, 2001.

Helen Beckwith, Midland, was appointed on August 13, 1998, to the Planning Council on Developmental Disabilities, effective immediately and to continue until July 1, 2001.

Patricia J. Warkenthien, Pierre, was appointed on August 13, 1998, to the Planning Council on Developmental Disabilities, to replace David Miller, effective immediately and to continue at the pleasure of the Governor.

Kim Malsom-Rysdon, Pierre, was appointed on August 13, 1998, to the Planning Council on Developmental Disabilities, to replace Betty Oldenkamp, effective immediately and to continue at the pleasure of the Governor.

Robert L. Blachford, Miller, was reappointed on August 13, 1998, to the Planning Council on Developmental Disabilities, effective immediately and to continue until July 1, 2001.

Anita J. Meier, Rapid City, was appointed on August 13, 1998, to the Planning Council on Developmental Disabilities, to replace Dana Duffy, effective immediately and to continue until July 1, 1999.

Dennis Theel, Sioux Falls, was reappointed on August 13, 1998, to the Board of Vocational Rehabilitation, effective immediately and to continue until July 1, 1999.

Julaine A. Arient-Rollman, Rapid City, was appointed on August 13, 1998, to the Board of Vocational Rehabilitation, to replace Jim Wilson, effective immediately and to continue until July 1, 1999.

David Vogel, Pierre, was appointed on August 13, 1998, to the Board of Vocational Rehabilitation, to replace Arthur Lampert, Jr., effective immediately and to continue until July 1, 1999.

Administrative Rules:

DEPARTMENT OF REVENUE: 64:48:01:01 to 64:48:01:04, inclusive.

History Notice: 24 SDR 167, May 26, 1998

Hearing: July 13, 14, 15, 1998

Filed: August 17, 1998

Effective: September 6, 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:

8-27-98

Transportation

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

9-9-98

Game, Fish and Parks

Hunting and fishing license for disabled persons; elk depredation hunt, aerial hunting; 25 SDR 26.

9-22-98

Agriculture: State Brand Board

Increase fees to register and transfer ownership of a brand, eliminate duplicates of bill of sale; 25 SDR 25.

9-22-98

Governorís Office of Economic Development

For-profit and non-profit corporations eligible for REDI fund loans; 25 SDR 26.

9-23-98

Commerce and Regulation: Division of Insurance

Define "ordinarily prudent person; 25 SDR 25.

9-30-98

Environment and Natural Resources

Requirements for new community and new nontransient noncommunity drinking water systems; 25 SDR 25.

 

Rules Review Committee Meeting:

The next meeting of the Interim Rules Review Committee will be held October 5, 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.