State Seal REGISTER

South Dakota Legislative Research Council

Volume 27 Monday, 8:00 a.m., August 28, 2000


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: Joint Board of Nursing and Osteopathic Examiners: (August 21, 2000) intends to repeal rules that are in conflict with recently passed statutes. Repealing the rules will clarify the nurse practitioner and nurse midwife prescriptive authority. The general authority for these rules, as cited by the boards, is SDCL 36-9A-41.

A public hearing will be held via the Rural Development Telecommunications Network (RDTN) on Wednesday, September 20, 2000, at 9:00 a.m. (CDT). The following RDTN sites will be included: Southeast Technical Institute, Mickelson Education Center, Room 205, 2301 Career Place, Sioux Falls, SD; Capital University Center, 809 East Dakota, Pierre, SD; Lake Area Technical Institute, Main Building, 230 11th Street NE, Watertown, SD; and Rapid City Regional Hospital, Educational Services Department, 353 Fairmont Boulevard, Rapid City, SD. Copies of the proposed rules may be obtained from and written comments sent to the Board of Nursing, 4300 South Louise Avenue, Sioux Falls, South Dakota 57106-3124. Material sent by mail must reach the department by September 20, 2000, 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 (605) 362-2760 at least forty-eight hours before the hearing.

Department of Game, Fish and Parks: (August 21, 2000) intends to adopt rules to revise the procedures for issuing a replacement license for lost and destroyed licenses. A new section will prescribe the procedures for issuing a permit in lieu of a nonresident small game license to certain nonresidents by permitting them to change the five-day periods of hunt specified on their license without cost except for the license agents' fee. The general authority for these rules, as cited by the department, is SDCL 41-2-18.

A public hearing will be held at the Cedar Shores Resort, Oacoma, South Dakota, on September 11, 2000, at 2:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to John L. Cooper, Secretary, 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 jeanette.gourneau@state.sd.us. E-mail comments must include the commenter's name and address. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3387, before the hearing.

Department of Commerce and Regulation: Commission on Gaming: (August 21, 2000) intends to adopt Deadwood gambling rules to comply with past regulatory and statutory changes and current practices and procedures; to provide rules and technical changes for the use of cashless tickets in slot machines; and to clean up existing rules. Appendix A, Gaming Internal Control and Revenue Reporting Manual will be amended for the same reasons. The general authority for these rules, as cited by the commission, is SDCL 42-7B-7, 42-7B-11, and 42-7B-21.

A public hearing will be held at City Hall, 102 Sherman Street, Deadwood, South Dakota, on Thursday, September 14, 2000, at 10:00 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, and must be received by the hearing date. This hearing is being held in a physically accessible place. Persons who have special needs for which the commission can make arrangements are asked to call (605) 578-3074 or (605) 773-6050 at least forty-eight hours before the hearing.

Department of Game, Fish and Parks: (August 25, 2000) intends to adopt rules to provide a resident only pheasant hunting season on certain public lands in advance of the regular pheasant season and in the youth pheasant hunting season modify the length of the season, the areas where hunting is permitted, the shooting hours, and the daily bag and possession limit. The general authority for these rules, as cited by the department SDCL 41-2-18.

A public hearing will be held at the Ramkota River Centre, Pierre, South Dakota, on September 14, 2000, at 10:15 a.m. Copies of the proposed rules may be obtained from and written comments sent to John L. Cooper, Secretary, 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 jeanette.gourneau@state.sd.us. E-mail comments must include the commenter's name and address. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3387, before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

DEPARTMENT OF GAME, FISH AND PARKS: 41:02:01:07, 41:02:01:09; 41:06:16:02, 41:06:16:02.01, 41:06:16:03, 41:06:16:05, 41:06:16:07, 41:06:16:09; 41:06:49:01, 41:06:49:03.

History-Notice: 27 SDR 7, July 24, 2000

Hearing: August 10, 2000

Filed: August 23, 2000

Effective: September 12, 2000

Executive Appointments:

Vernon Ashley, Pierre, was appointed August 10, 2000, to the South Dakota Advisory Council on Aging, to replace Connie Schultz, effective immediately and to continue until December 31, 2000.

Glen W. Eng, Yankton, was appointed August 21, 2000, as South Dakota Judge of the First Judicial Circuit Court, effective immediately upon taking the oath of office and to continue until January 1, 2007.

The following were appointed on August 21, 2000, to the South Dakota Commission on Child Support, effective immediately and to continue at the pleasure of the Governor:

Mike Vogel, Pierre

Ronald Baumgart, Pierre

Steven L. Zinter, Pierre

J.P. Duniphan, Rapid City

Terry Walter, Pierre

Linda Lea Viken, Rapid City

Victoria L. Barnhart, White River

George Thompson, Watertown, was reappointed August 21, 2000, to the State Board of Medical and Osteopathic Examiners, effective immediately and to continue until July 1, 2003.

Richard I. Porter, Rapid City, was reappointed August 21, 2000, to the State Board of Medical and Osteopathic Examiners, effective immediately and to continue until July 1, 2001.

Milton G. Mutch, Jr., Sioux Falls, was reappointed August 21, 2000, to the State Board of Medical and Osteopathic Examiners, effective immediately and to continue until July 1, 2005.

Patrick J. Burchill, Rapid City, was appointed August 23, 2000, to the State Board of Medical and Osteopathic Examiners, to replace Jean Morrill, effective immediately and to continue until July 1, 2002.

Doyle Estes, Rapid City, was appointed August 22, 2000, to the State Banking Commission, to replace Harry Christianson, effective immediately and to continue until July 1, 2002.

State Bar Appointment:

David R. Nelson, Sioux Falls, was appointed on July 12, 2000, to the Judicial Qualifications Commission, to replace Cecelia A. Grunewaldt, effective July 1, 2000, for a four-year term.

Executive Orders:

Executive Order 2000-2, dated April 25, 2000, creates the State Commission on Child Support to review child support guidelines. Members of the Commission include: noncustodial parents; the Office of Child Support Enforcement; Judiciary; custodial parents; Legislators; the Department of Social Services and the general public. The commission shall be administered by the Department of Social Services and will cease when it submits its report to the Governor and the Legislature at the end of this year.

Executive Order 2000-3, dated May 18, 2000, moves Roberts County from the Northeastern Council of Governments to the First District Association of Local Governments.

Executive Order 2000-4, dated July 28, 2000, prohibits the Department of Transportation from further studies or plan reviews of proposals for four-lane highways which are not currently in the state trunk highway system or the state's five year plan, or where traffic counts merit review.

 

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

9-11-2000

Game, Fish and Parks

Procedures for replacement licenses; nonresident small game license permit; 27 SDR 17.

9-14-2000

Game, Fish and Parks

Early pheasant hunting season; changes in youth pheasant hunting season; 27 SDR 18.

9-14-2000

Commerce and Regulation: Board of Nursing

Nurse licensure compact; 27 SDR 15.

9-14-2000

Commerce and Regulation: Commission on Gaming

Amendment to Deadwood gambling rules and Appendix A; 27 SDR 17.

9-20-2000

Department of Commerce and Regulation: Joint Board of Nursing and Osteopathic Examiners

Clarify nurse practitioner and nurse midwife prescriptive authority; 27 SDR 17.

9-21-2000

Environment and Natural Resources: Board of Minerals and Environment

Facilities generating, transporting, treating, storing, or disposing of hazardous wastes comply with hazardous waste rules; 27 SDR 11.

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Tuesday, September 12, 2000, in Room 413 of the State Capitol, Pierre, starting at 9:00 a.m. The committee chair has set the following tentative meeting schedule for the 2000 interim: October 18, November 14, and December 12. 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 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 27 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://legis.state.sd.us.