State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., October 5, 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):

Public Utilities Commission (September 29, 1998) is considering rules to revise procedural rules regarding proceedings before the commission, clarify and add to the commissionís procedures and standards with regard to grant, denial, sale, assignment, lease, transfer, revocation, or suspension of certificates of authority for interexchange carriers, repeal the chapter regarding the notice for construction of telecommunications facilities, delete any recovery of public payphone expenses from the rates charged for intrastate switched access, rules regarding the competitive provisioning of local exchange service, and rules which require the commission to establish service quality standards, rules that set standards and penalties concerning the switching of telecommunications carriers and the billing of customers. The general authority for these rules, as cited by the department, is SDCL 49-1-11, 49-31-3, 49-31-5, 49-31-18, 49-31-76, 49-31-77, 49-31-85, and 49-34A-4.

A public hearing will be held in Room 412, Fourth Floor, State Capitol, Pierre, South Dakota on November 2, 1998, at 8:30 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Public Utilities Commission, 500 East Capitol, Pierre, South Dakota 57501-5070. Material sent by mail must reach the Public Utilities Commission by November 13, 1998. 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 contact the Public Utilities Commission at least 48 hours in advance of the hearing at (605) 773-3201.

Department of Social Services: (October 1, 1998) is proposing rules to ensure that Medicaid recipients requiring wheelchair transportation services are transported by qualified and trained individuals in vehicles that are safe and in good operating order. For rules relating to ambulance services, the changes will specify that if an ambulance is licensed to provide advanced life support services but the services provided are basic life support services, limit the providerís claim for services to basic life support services. The general authority for these rules, as cited by the department, is SDCL 28-6-1

A public hearing will be held in Conference Room #1, Kneip Office Building, 700 Governors Drive, Pierre, South Dakota on Tuesday, October 27, 1998, at 1:15 p.m. Copies of the proposed rules may be obtained from and written comments sent to Jill Wellhouse, Administrative Rules, Department of Social Service, 700 Governors Drive, Pierre, South Dakota 57501 Material sent by mail must be received by November 6, 1998, in order 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 called (605) 773-3305 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 Agriculture Conference Room, 3rd Floor, Foss Building, 523 East Capitol, Pierre, South Dakota, on November 3, 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 Agriculture, Division of Dairy, Foss Building, 523 East Capitol, Pierre, South Dakota 57501, and must be received by November 2, 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.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF GAME, FISH AND PARKS: 141:07:03:03

History Notice: 25 SDR 43, Sept. 14, 1998

Hearing: N/A

Filed: September 30, 1998

Effective: Immediately

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF VETERINARY MEDICAL EXAMINERS: 20:57:03:08.01

History Notice: 25 SDR 7, July 20, 1998

Hearing: August 17, 1998

Filed: October 1, 1998

Effective: October 21, 1998

Executive Appointments:

Rochelle L. Foley, Sioux Falls, was appointed on September 21, 1998, to the Independent Living Council, to replace JoAnn Lind, effective immediately and to continue until July 1, 2001.

Pamela S. Schneider, Rapid City, was appointed on September 23, 1998, to the Independent Living Council, to replace Donna Donley, effective immediately and to continue until July 1, 1999.

 

 

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:

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.

10-14-98

Commerce and Regulation: Division of Banking

Reduce minimum number of directors meetings at banks; 25 SDR 51.

10-27-98

Social Services

Medical services Ė wheelchair transportation, ambulance; 25 SDR 55.

11-2-98

Public Utilities Commission

Procedural rules commission proceedings, procedures for interexchange carriers, repeal requirements for telecommunications facilities, delete recovery of payphone expenses, local exchange carriers competition, service quality standards, switching carriers; 25 SDR 55.

11-3-98

Agriculture: Agricultural Services

Compliance with National Conference of Interstate Milk Shipment, Pasteurized Milk Ordinance and USDA; 25 SDR 56.

Rules Review Committee Meeting:

The next meeting of the Interim Rules Review Committee will be held December 14, 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.