State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., August 31, 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 Labor: Division of Labor and Management (August 20, 1998) intends to adopt rules to make the workers’ compensation fee schedule more current, to change the handling of dental, ambulance service, and drug claims under the fee schedule, and to comply with the directive of SDCL 62-4-8.1 requiring the department to establish rules about dependents’ educational benefits. The general authority for these rules, as cited by the department, is SDCL 62-4-8.1 and 62-7-8.

A public hearing will be held in Conference Room 1, First Floor, Kneip Building, 700 Governors Drive, Pierre, South Dakota, on September 29, 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 Labor, Division of Labor and Management, Kneip Building 700 Governors Drive, Pierre, South Dakota 57501, and must be received by October 9, 1998, to be considered. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3681 before the hearing.

Department of Commerce and Regulation: Board of Chiropractic Examiners (August 25, 1998) is considering adopting rules to require insurance or proof of financial responsibility as a prerequisite for licensure or license renewal, define acceptable advertising; update the code of ethics; establish an ethics committee, a disciplinary committee, and a peer review committee. The general authority for these rules, as cited by the department, is SDCL 36-5-4 and 36-5-14.2.

A public hearing will be held in the Knights Room, Kings Inn, 220 South Pierre Street, Pierre, South Dakota, on September 19, 1998, at 8:00 p.m. Copies of the proposed rules may be obtained from Bradley G. Zell, Attorney for SD Chiropractic Board of Examiners, PO Box 129, Miller, SD 57362. Written comments may be sent to the South Dakota Board of Chiropractic Examiners, Office of Secretary, 1406 Mount Rushmore Road, Rapid City, SD 57701-4582, and must be received by September 17, 1998, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the board can make arrangements are asked to call (605) 343-7440 at least 48 hours before the hearing.

Department of Agriculture: Agricultural Services (August 27, 1998) intends to adopt rules to comply with the National Conference of Interstate Milk Shipments, Pasteurized Milk Ordinance and USDA. The general authority for these rules, as cited by the department, is SDCL 40-32-18.

A public hearing will be held in the Department of Environment and Natural Resources large conference room, First Floor, Foss Building, 523 East Capitol, Pierre, South Dakota, on October 1, 1998, at 11:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Department of Agriculture, Division of Dairy, Foss Building, 523 East Capitol, Pierre, South Dakota 57501, and must be received by September 25, 1998, to be considered. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-4294 before the hearing.

Department of Transportation (August 27, 1998) is proposing rules to amend speed zones in Mitchell, Davison County on Interstate 90 Business Loop, Highway 37, and Highway 38. The general authority for these rules, as cited by the department, is SDCL 32-25-7.

A public hearing will be held in the Commission Room, Becker-Hansen Building, 700 East Broadway Avenue, Pierre, South Dakota, on September 24, 1998, at 9:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the Secretary of Transportation, Room 202, Becker-Hansen Building, 700 East Broadway Avenue, Pierre, South Dakota 57501-2586, and must be received by September 23, 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) 773-3265 at least 48 hours before the hearing.

Department of Social Services (August 27, 1998) intends to adopt rules relating to the Catastrophic County Poor Relief Program. These rules are being amended to update and clarify existing rules and to relate to changes made to the county poor relief statutes by SB 121 which was adopted by the 1997 Legislature. The general authority for these rules, as cited by the agency, is SDCL 28-13A-4.

A public hearing will be held in the Annex, Ramkota Inn, Sioux Falls, South Dakota, on Tuesday, September 29, 1998, at 5:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to Jill Wellhouse, Administrator, Catastrophic County Poor Relief Program, Department of Social Services, 700 Governors Drive, Pierre, South Dakota 57501, and must be received by Friday, September 25, 1998, in order to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the board can make arrangements are asked to call (605) 773-3305 by Thursday, September 24, 1998.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Kenneth W. Halligan, Pierre, was appointed on August 20, 1998, to the State Brand Board to replace Vincent Crago, effective immediately and to continue until January 6, 2003.

Donald E. Loudner, Mitchell, was reappointed on August 20, 1998, to the Veterans Commission, effective October 1, 1998, and to continue until October 1, 2004.

Eugene Solseth, Rapid City, was appointed on August 25, 1998, to the Statewide One-Call Notification Center Board to replace John Pudwill, Jr., effective immediately, and to continue until November 1, 1999.

Stan Arnold, Ortley, was reappointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired, effective immediately, and to continue until June 30, 2001.

Deborah L. Ver Steeg, Sioux Falls, was reappointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired, effective immediately, and to continue until June 30, 2000.

Louis E. Brush, Clark, was reappointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired, effective immediately, and to continue until June 30, 2001.

Timothy E. Neyhart, Rapid City, was reappointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired, effective immediately, and to continue until June 30, 1999.

John F. Stekly, Platte, was reappointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired, effective immediately, and to continue until June 30, 1999.

Tommy L. Martin, Rapid City, was reappointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired, effective immediately, and to continue until June 30, 2000.

Michael G. Stusiak, Watertown, was appointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired, effective immediately, and to continue until June 30, 2000.

Laura L. Collins, Rapid City, was appointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired to replace Leighton Meyers, effective immediately, and to continue until June 30, 2000.

Linda K. Biffert, Brookings, was appointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired to replace Bill Spiry, effective immediately, and to continue until June 30, 2001.

Denise A. Jones, Yankton, was appointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired to replace Karen Mayry, effective immediately, and to continue until June 30, 2001.

Frank L. Dame, Pierre, was appointed on August 25, 1998, to the Board of Service to the Blind and Visually Impaired to replace Jeff Rausch, effective immediately, and to continue until June 30, 1999.

Supreme Court Rules of the Circuit Courts:

CIRCUIT COURT, SECOND CIRCUIT

NOTICE OF INTENT TO ADOPT, AMEND, AND REPEAL LOCAL RULES

The circuit judges for the Second Judicial Circuit have submitted rules under the provisions of SDCL 15-6-83 for civil rules and SDCL 23A-45-12 for criminal rules. A hearing on these rules was conducted in court room 3C, Minnehaha County Court House, 425 North Dakota, Sioux Falls, South Dakota, at 12:00 p.m. (noon) (CDT), on Thursday, August 28, 1997. The rules were approved by the Supreme Court on August 25, 1998.

JUDGES OF SECOND CIRCUIT PURSUANT TO SDCL 15-6-83 AND 23A-45-12.

Local civil rule three is repealed.

CIV. THREE SCHEDULING ORDER

Unless a party moves for a scheduling order pursuant to SDCL 15-6-16 (effective date July 1, 1993), the following time limits shall control pretrial procedure in all civil actions, to wit:

(1) to join other parties and to amend the pleadings - forty-five days from service of the responsive pleading;

(2) to complete discovery - 120 days from service of the responsive pleading;

(3) to file and serve motions, with supporting briefs (to be filed with the court) - 30 days from the completion of discovery any party opposing such motions shall serve and submit an answering brief with 15 days after service of the motion; and

(4) to schedule a pretrial conference - Upon completion of discovery any party may schedule a pretrial conference. Unless otherwise scheduled, the plaintiff must schedule a pretrial conference to be held within 60 days of completion of discovery.

Any request to deviate from the above scheduling deadlines must be made at least 7 days prior to the deadline.

CIV. SEVEN SIGNING OF SUMMONS IN JUVENILE PROCEDURES

Upon written order of the judge assigned juvenile cases, the clerk of courts may use a facsimile stamp of the judge's signature to sign the summons in juvenile cases.

CIV. EIGHT COURT APPOINTED ATTORNEYS

In all actions, suits and proceedings, where the court appoints an attorney to be paid with public funds, the initial appointment is authorized for an amount not to exceed one thousand dollars. The court appointed attorney must obtain prior approval, by a motion and an order from the judge assigned to the case, to exceed the approved amount. A hearing on the motion need not be scheduled unless requested by the court.

CIV. NINE UNCONTESTED MOTIONS.

In addition to the time and date set for hearing, the notice of hearing on a motion, except a motion where less than eleven days notice is given, may state the last date upon which an objection, resistance or response, requiring a hearing, shall be filed and served on parties in interest, which date shall be at least three business days in advance of the date set for hearing. The notice of hearing must also state that if no objection, resistance or response is timely filed and served, the moving party need not appear at the hearing, and the court may grant the relief requested.

CIV. TEN BRIEF TO BE FILED WITH MOTION

A party who makes a motion requiring a hearing must serve a brief in support of the motion upon opposing parties and submit a copy to the judge. The brief should contain a statement of the facts and the law upon which the party will rely, and the moving party's position.

CIV. ELEVEN SUMMARY JUDGMENT

(A) MOVING PARTY'S REQUIRED STATEMENT OF MATERIAL FACTS A party moving for summary judgment must attach to the motion a separate, short, and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried. Each material fact in this local rule's required statement must be presented in a separate, numbered statement and with appropriate citation to the record in the case.

(B) OPPOSING PARTY'S REQUIRED STATEMENT OF MATERIAL FACTS A party opposing a motion for summary judgment must include a separate, short, and concise statement of the material facts as to which the opposing party contends a genuine issue exists to be tried. The opposition must respond to each numbered paragraph in the moving party's statement with a separately numbered response and appropriate citations to the record.

(C) EFFECT OF OMISSION All material facts set forth in the statement that the moving party must serve shall be admitted unless controverted by the statement required to be served by the opposing party.

Local criminal rule two is amended to read as follows:

CR. TWO ARRAIGNMENT

At arraignment a judge may order the following:

a. a discovery deadline;

b. a dispositional conference;

c. a motion deadline;

d. a plea deadline;

e. a trial date.

Local criminal rule three is amended to read as follows:

CR. THREE DISPOSITIONAL CONFERENCE

The defendant, defendant's counsel and the prosecuting attorney must be present at a felony dispositional conference. The defendant need not be personally present at a misdemeanor dispositional conference unless ordered to appear by a judge or magistrate. If the defendant does not wish to appear at the misdemeanor dispositional conference, the defendant must, in writing, authorize defendant's attorney to be able to proceed and dispose of the case.

The prosecuting attorney must reveal the prosecution evidence, including exculpatory evidence to the defendant in accordance with state law.

The parties must discuss any plea bargain offer and if accepted, schedule a date for a guilty plea. In felony cases, if a dispositional conference does not dispose of a criminal case, the judge presiding in the case who will order a trial management conference, or schedule a trial.

Local criminal rule four is repealed.

CR. FOUR TRIAL MANAGEMENT CONFERENCE

The attorneys and the defendant must be present at the trial management conference. The attorneys must be prepared to set dates and deadlines in the case. The attorneys with the defendant must review all plea bargain offers, and if plea negotiation does not dispose of the case, the attorneys and defendant must so inform the judge or magistrate presiding in the case. The judge or magistrate, attorneys and defendant must then review the court file to determine that all filings are complete and in good order. Deadlines may be set including an omnibus motion date. A trial date must be set.

CR. NINE COURT APPOINTED ATTORNEYS

In criminal cases, where the court appoints an attorney to be paid with public funds, the initial appointment is authorized for an amount not to exceed one thousand dollars. The court appointed attorney must obtain prior approval, by a motion and an order from the judge assigned to the case, to exceed the approved amount. A hearing on the motion need not be scheduled unless requested by the court.

CR. TEN BRIEF TO BE FILED WITH MOTION

A party who makes a motion requiring a hearing must serve a brief in support of the motion upon opposing parties and submit a copy to the judge. The brief should contain a statement of facts and the law upon which the party will rely, and the moving party's position.

Administrative Rules:

DEPARTMENT OF AGRICULTURE: ANIMAL INDUSTRY BOARD: 12:68:23:13 and 12:68:24:15.

History Notice: 24 SDR 171, June 1, 1998

Hearing: July 14, 1998

Filed: August 11, 1998

Effective: August 31, 1998

DEPARTMENT OF EDUCATION AND CULTURAL AFFAIRS: STATE LIBRARY BOARD: 24:30:04:01, 24:03:04:02, 24:30:04:03, 24:30:04:04, 24:30:04:04.01, 24:03:04:05, 24:30:04:06, 24:30:04:07, 24:30:04:08, 24:30:04:09, 24:30:04:10, 24:30:04:11, and 24:30:04:12

History Notice: 25 SDR 8, July 20, 1998

Hearing: July 28, 1998

Filed: August 26, 1998

Effective: September 15, 1998

DEPARTMENT OF COMMERCE AND REGULATION: DRIVER LICENSING PROGRAM: 61:18:01:01, 61:18:01:02, 61:18:01:02.01, 61:18:01:02.02, 61:18:01:03, 61:18:01:03.01, 61:18:01:04, 61:18:01:06, 61:18:01:07, 61:18:01:11, 61:18:02:03, 61:18:02:07, 61:18:02:08, 61:18:03:01, 61:18:05:01, 61:18:05:02, 61:18:07:01, 61:18:08:01, 61:18:08:02, 61:18:08:03, 61:18:08:04, 61:19:01:01, 61:19:01:02, 61:19:01:03, 61:19:01:04, 61:19:02:06, 61:19:03:01, 61:19:03:02, 61:19:04:01, 61:19:05:01, 61:19:05:02, 61:19:05:03, 61:25:04:03, 61:25:04:04, 61:25:04:05, 61:25:04:06, 61:25:04:07, 61:25:04:09, 61:25:04:10, 61:25:04:11, 61:25:04:12, 61:25:04:18, and 61:25:04:19.

History Notice: 24 SDR 189, June 29, 1998

Hearing: July 23, 1998

Filed: August 26, 1998

Effective: September 15, 1998

OFFICE OF THE ATTORNEY GENERAL: LAW ENFORCEMENT OFFICERS STANDARDS AND TRAINING COMMISSION: 2:01:02:01, 2:01:06:06, 2:01:06:09, 2:01:06:10, 2:01:06:11, 2:01:06:12, 2:01:06:13, 2:01:06:14, 2:01:06:16, 2:01:08:04, 2:01:08:06, 2:01:11:01, 2:01:11:03, 2:01:11:04, 2:01:11:05, 2:01:11:06, 2:01:11:07, and 2:01:11:10.

History Notice: 24 SDR 154, May 4, 1998

Hearing: July 22, 1998

Filed: August 27, 1998

Effective: September 16, 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:

9-9-98

Game, Fish and Parks

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

9-19-98

Commerce and Regulation: Board of Chiropractic Examiners

Insurance prerequisite for licensure; define advertising, update code of ethics, establish ethics, disciplinary and peer review committees; 25 SDR 29.

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

Governor’s 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.

9-24-98

Transportation

Speed zones Mitchell, Davison County; 25 SDR 30.

9-29-98

Social Services

Catastrophic County Poor Relief Program; 25 SDR 30.

9-29-98

Labor: Division of Labor and Management

Make workers’ comp fee schedule current, change handling of dental, ambulance services, drug claims under schedule, dependents’ educational benefits; 25 SDR 29.

9-30-98

Environment and Natural Resources

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

10-1-98

Agriculture: Agricultural Services

Compliance with National Conference of Interstate Milk Shipments, Pasteurized Milk Ordinance and USDA; 25 SDR 29.

 

 

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 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 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.