State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Tuesday, 8:00 a.m., September 8, 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: South Dakota Real Estate Commission (August 31, 1998) is considering rules changes to adopt standards for approval of distance education and independent study courses, to revise disclosure requirements, and adopt standard brokerage services agreements. The general authority for these rules, as cited by the department, is SDCL 36-21A-63, 36-21A-89, and 36-21A-130.

A public hearing will be held in the Kneip Room, Governors Inn, 700 West Sioux Avenue, Pierre, South Dakota, on October 6, 1998, at 9:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Real Estate Commission, 118 West Capitol, Pierre, South Dakota 57501, and must be received by October 5, 1998, to be considered. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-3600 at least 48 hours before the hearing.

Department of Commerce and Regulation: South Dakota Board of Counselor Examiners (August 31, 1998) is considering adopting rules to clarify the definition of supervisor, increase the number of hours of supervision for licensed professional counselors (LPC), eliminate the practicum, clarify the need to have a Masterís degree in counseling, repeal the application process for counselor associates, clarify the definition of secretary of the board, and the coursework required for licensure, eliminate the reference to counselor associates and require a plan of supervision for counselor applicants, clarify the required professional exam and the number of times it is offered, clarify the requirement for Licensed Professional Counselors-Mental Health licensure and the continuing education requirements and compliance period for all licensees, change the license fee from $100 to $75 for Marriage and Family Therapists, clarify other services and their fees, the continuing education compliance for license renewal, direct Licensed Marriage and Family Therapists to comply with the American Association for Marriage and Family Therapy Code of Ethics, and clarify all licensing requirements for Licensed Professional Counselors-Mental Health and transfer the requirements to a new article. The general authority for these rules, as cited by the department is SDCL 36-32-13, 36-32-23, 36-32-26, 36-32-43, 36-33-9, 36-33-12, 36-33-14, 36-33-17, 36-33-19, and 36-33-25.

A public hearing will be held in the State Capitol Building, Room 413, Pierre, South Dakota, on September 18, 1998, at 9:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Board of Counselor Examiners, PO Box 1822, Sioux Falls, SD 57101-1822, and must be received by September 15, 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) 331-2927 at least 48 hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Mark S. Hedges, Aberdeen, was reappointed on August 20, 1998, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 2000.

Helen W. Dafoe, Sioux Falls, was reappointed on August 20, 1998, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 2000.

James T. Simbeck, Mitchell, was reappointed on August 20, 1998, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 2001.

Sandra L. Diegel, Rapid City, was appointed on August 21, 1998, to the Mental Health Planning and Coordination Advisory Council to replace Tom Stanage, effective immediately and to continue until July 1, 2001.

Donna Yocom, Brookings, was reappointed on August 21, 1998, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 1999.

Gale Muller, Brookings, was reappointed on August 21, 1998, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 1999.

Marla Bull Bear, Winner, was reappointed on August 21, 1998, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 2000.

James Hagel, Rapid City, was reappointed on August 21, 1998, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 1999.

Hal Bisch, Huron, was reappointed on August 21, 1998, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 1999.

Larry D. Tolzin, Menno, was appointed on August 26, 1998, to the Mental Health Planning and Coordination Advisory Council to replace Audrey Wintersteen, effective immediately and to continue until July 1, 2001.

Mary C. Baumeister, Sturgis, was reappointed on August 26, 1998, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 2000.

Vernaline E. Gogue, Rapid City, was appointed on August 26, 1998, to the Mental Health Planning and Coordination Advisory Council to replace Pat Weisser, effective immediately and to continue until July 1, 2001.

Pamela M. Kusler, Pierre was appointed on August 27, 1998, to the Mental Health Planning and Coordination Advisory Council to replace Carol Heltzel, effective immediately and to continue until July 1, 2001.

Michael Buenger, Pierre was appointed on August 27, 1998, to the Mental Health Planning and Coordination Advisory Council to replace Thomas Geraets, effective immediately and to continue at the pleasure of the Governor.

K. Lynn Paul, Brookings, was reappointed on August 27, 1998, to the Mental Health Planning and Coordination Advisory Council, effective immediately and to continue until July 1, 1999.

Roger Steinkruger, Yankton, was appointed on August 27, 1998, to the Mental Health Planning and Coordination Advisory Council to replace Steve Lindquist, effective immediately and to continue at the pleasure of the Governor.

John Jones, Pierre, was appointed on August 27, 1998, to the Mental Health Planning and Coordination Advisory Council to replace William Podhradsky, effective immediately and to continue at the pleasure of the Governor.

Shane C. Penfield, Lemmon, was appointed on August 27, 1998, to the State Board of Regents to replace Jason A. Glodt, effective immediately, and to continue until July 1, 2000.

Richard R. Lentz, Milbank, was appointed on August 31, 1998, to the State Board of Veterinary Medical Examiners to replace Dr. Arnold Gertonsen, effective immediately, and to continue until July 1, 2000.

Frederick W. Slunecka, Sioux Falls, was appointed on August 31, 1998, to the Governorís Health Advisory Committee, effective immediately and to continue at the pleasure of the Governor.

Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: STATE BANKING COMMISSION 20:07:13:01, 20:07:13:02, 20:07:13:03, 20:07:14:01, and 20:07:14:02.

History Notice: 25 SDR 11, July 27, 1998

Hearing: August 13, 1998

Filed: September 3, 1998

Effective: September 23, 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.

9-18-98

Commerce and Regulation: Board of Counselor Examiners

Clarify regulations for licensed professional counselors; 25 SDR 37.

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

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.

9-24-98

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 workersí comp fee schedule current, change handling of dental, ambulance services, drug claims under schedule, dependentsí 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.

10-6-98

Commerce and Regulation: Real Estate Commission

Standards for distance education and independent study courses, revise disclosure requirements, brokerage service agreements; 25 SDR 37.

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.