REGISTER

REGISTER

South Dakota Legislative Research Council
Volume 25 Monday, 8:00 a.m., September 21, 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 Game, Fish and Parks (September 15, 1998) is considering rules to prohibit the use of certain bait in catch and release waters; permit shore fishing year around in the area known as the "dredge hole" in Brule County; close the season on all species of sturgeon effective January 1, 1999; control pan fish populations on certain lakes; include parts of Lake Andes where the taking of baitfish for commercial purposes is prohibited; require name and address of purchasers of baitfish; close all creeks, streams, and rivers in Codington County to fishing from March 1 to the end of April; prohibit highgrading or culling of fish; conserve and protect walleye on Oahe, Francis Case, and Waubay Lakes. The general authority for these rules, as cited by the department, is SDCL 41-2-18.

A public hearing will be held at the Izaak Walton Club on the west city limits, Webster, South Dakota on October 8, 1998, at 2:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the Department of Game, Fish and Parks, Foss Building, 523 East Capitol, Pierre, South Dakota 57501. Comments may also be sent by e-mail to alb@gfp.state.sd.us. E-mail comments must include the commenter?s name and address. Material sent by mail must reach the Department prior to the hearing date. Persons who have special needs for which the agency can make arrangements are asked to contact the department secretary for assistance.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:
Executive Appointments:

Dean P. Sorenson, Sioux Falls, was reappointed on September 4, 1998, to the South Dakota Board of Directors for Educational Telecommunications, effective immediately and to continue until July 1, 2001.

Patricia J. Warkenthien, Pierre, was appointed on September 10, 1998, to the Independent Living Council, to replace Dave Miller, effective immediately and to continue at the pleasure of the Governor.

Roxanne R. Rice, Pierre, was appointed on September 10, 1998, to the Independent Living Council, to replace Lowell Richards, effective immediately and to continue at the pleasure of the Governor.

Donna M. Yocom, Brookings , was reappointed on September 11, 1998, to the Independent Living Council, effective immediately and to continue until July 1, 2001.

Glade A. Jones, Rapid City, was reappointed on September 11, 1998, to the Independent Living Council, effective immediately and to continue until July 1, 2000.

Rochellee L. Foley, Sioux Falls, was appointed on September 11, 1998, to the Independent Living Council, to replace JoAnn Lind, effective immediately and to continue until July 1, 2001.

Joel H. Niemeyer, Sioux Falls, was reappointed on September 14, 1998, to the Independent Living Council, effective immediately and to continue until July 1, 2001.

Lynne D. Cain, Springfield, was appointed on September 14, 1998, to the Independent Living Council, to replace Matthew Ducheneaux, effective immediately and to continue until July 1, 2000.

Larry D. Tolzin, Menno, was reappointed on September 14, 1998, to the Independent Living Council, effective immediately and to continue until July 1, 2000.

Administrative Rules:

DEPARTMENT OF HEALTH: 44:58:01:01, 44:58:03:01, 44:58:03:02, 44:58:07:03, 44:58:07:04, 44:58:07:06, 44:58:08:03, 44:58:08:05, 44:58:08:11.01, 44:58:08:13, and 44:58:08:18.03.

History Notice: 25 SDR 193, July 6, 1998

Hearing: August 18, 1998

Filed: September 11, 1998

Effective: October 1, 1998

DEPARTMENT OF TRANSPORTATION: 70:01:02:24, 70:01:02:39, and 70:01:02:63.

History Notice: 25 SDR 12, July 27, 1998

Hearing: August 27, 1998

Filed: September 14, 1998

Effective: October 4, 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:

9-22-98	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.
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	Game. Fish and Parks	Fish limits in Black Hills Trout Management Area, shore fishing Brule County, close sturgeon season, minimum size panfish in certain lakes, baitfish use restricted, waters open to baitfish, baitfish dealers records, close waters in Codington County to fishing, prohibit culling of fish, conserve and protect walleyes; 25 SDR 47.
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.