State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., September 14, 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 (September 10, 1998) is considering rules changes to exempt surety insurance contracts from cancellation and refund rules if the contracts require a payment of a minimum premium or for a premium that is fully earned, to specify that a replaced insurer is not liable for coverage after the effective date of cancellation of the policy, and to revise and clarify the process to be followed and documents to be submitted by a party requesting cancellation and replacement of an insurance policy. The general authority for these rules, as cited by the department, is SDCL 58-11-63.

A public hearing will be held in the first floor conference room of the Commerce Building 118 West Capitol Avenue, Pierre, South Dakota, on Thursday, October 8, 1998, at 9:00 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, Pierre, South Dakota 57501-2000. Material sent by mail must reach the Division of Insurance by 12:00 noon, Monday, October 19, 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 Game, Fish and Parks: (September 14, 1998) intends to adopt EMERGENCY rules to limit the daily possession of walleye, sauger, and walleye/sauger hybrid (walleye) on Lake Oahe to no more than one walleye 18 inches or longer and limiting the daily possession limit of walleye on Waubay Lake to no walleye less than 16 inches long and no more than one walleye 20 inches or longer, effective October 1, 1998. The general authority for these rules, as cited by the department, is SDCL 41-2-18 and 1-26-5.

A teleconference meeting will be held September 17, 1998, at 9:00 a.m. A copy of the proposed rule may be obtained from the Department of Game, Fish and Parks, 523 West Capitol, Pierre, South Dakota 57501

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

AGRICULTURE: SOUTH DAKOTA STATE FAIR COMMISSION: 12:02:04:02, 12:02:07:05, and 12:02:16:35.

History Notice: 24 SDR 151, April 27, 1998

Hearing: May 15, 1998

Filed: July 13, 1998

Effective: August 2, 1998

DEPARTMENT OF GAME, FISH AND PARKS: 41:03:01:16.02, 41:04:02:12, 41:04:02:23, 41:04:02:43, 41:04:02:50, 41:06:01:02, 41:06:02:01, 41:06:02:01.01, 41:06:02:01.03, 41:06:02:01.04, 41:06:02:03, 41:06:16:02, 41:06:16:03, 41:06:16:05, 41:06:16:07, 41:06:16:09, 41:07:01:12, 41:08:06:06

History Notice: 25 SDR 7, July 20, 1998

Hearing: August 10, 1998

Filed: September 8, 1998

Effective: September 28, 1998

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES: BOARD OF MINERALS AND ENVIRONMENT: 74:27:22:01, 74:27:22:02, 74:27:22:03, 74:27:22:04, and 74:27:22:05.

History Notice: 25 SDR 7, July 20, 1998

Hearing: August 20, 1998

Filed: September 8, 1998

Effective: September 28, 1998

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF INSURANCE: 20:06:13:02, 20:06:13:17.06, 20:06:13:77, 20:06:13:78, 20:06:13:79, 20:06:13:80, 20:06:13:81, 20:06:13:82, 20:06:13:83, and Appendices D and E.

History Notice: 25 SDR 17, August 3, 1998

Hearing: August 20, 1998

Filed: September 10, 1998

Effective: September 30, 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:

 

9-18-98

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.

10-8-98

Commerce and Regulation: Division of Insurance

Exempt surety insurance contracts from cancellation and refund rules, replaced insurer not liable for coverage after cancellation date, clarify process of cancellation of policy; 25 SDR 43.

Rules Review Committee Meeting:

The next meeting of the Interim Rules Review Committee will be held October 5, 1998, 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 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.