State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., October 26, 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 Board of Accountancy (October 19, 1998) is considering rules to extend the definition of good cause for granting waiver of requirements, provide a period of time for applicants to apply for a certificate, clarify the definition of misconduct, repeal obsolete references, and update professional standards. The general authority for these rules, as cited by the board, is SDCL 36-20A-7 and 36-20A-8.

A public hearing will be held in the South Dakota Board of Accountancy Office, 301 East 14th Street, #200, Sioux Falls, South Dakota 57104, on November 18, 1998, at 10:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Board of Accountancy Office, at the address above. Material sent by mail must be received by November 17, 1998, to be considered. This hearing is being held in a physically accessible place.

Department of Commerce and Regulation: Division of Insurance (October 21, 1998) is considering rules to expand eligibility for the guaranteed issue of a Medicare Supplement policy to all people who are leaving an employer-based plan and to remove a delayed effective date for eligible people leaving a Medicare + Choice plan to exercise guaranteed issue rights. The general authority for these rules, as cited by the division, is SDCL 58-17A-2.

A public hearing will be held in the first floor conference room of the Commerce Building, 118 West Capitol Avenue, Pierre, South Dakota 57501, on November 20, 1998, at 10:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Division of Insurance at the same address. Material sent by mail must reach the Division of Insurance by 5:00 p.m., November 30, 1998, to be considered. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3563 before the hearing.

Department of Game, Fish and Parks: (October 23, 1998) is considering rules to provide a year around daily possession limit and restrictions on the size of walleye and sauger taken on Bitter Lake, Kettle Lake, and Cattail Lake; and rules to adjust certain nonresident fishing license fees and to provide revenue for operation and maintenance of wildlife management objectives. The general authority for these rules, as cited by the department, is SDCL 41-2-18, 41-6-10, and 41-6-37.1.

A public hearing will be held at the Ramkota Inn, 920 West Sioux Avenue, Pierre, South Dakota on November 12, 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 Avenue, Pierre, South Dakota, 57501. Material sent by mail must be received prior to the hearing date. Comments may also be sent by E-mail to johnf@gfp.state.sd.us. E-mail comments must include the commenter’s name and address. Persons who have special needs for which the department can make arrangements are asked to call the department at (605) 773-3387 before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules: None

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:

10-27-98

Social Services

Medical services – 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.

11-12-98

Game, Fish and Parks

Conservation and protection of walleye; nonresident fishing license fees; 25 SDR 65.

11-18-98

Board of Accountancy

Definition of good cause for waiver of requirement; provide time period to apply for certificate, definition of misconduct, update professional standards; 25 SDR 65.

11-19-98

Transportation

Speed zones in Yankton, Aurora, Clay, and Hutchinson Counties; no parking on Highway 12 across Rush Lake; 25 SDR 63.

11-20-98

Division of Insurance

Guaranteed issue Medicare Supplement; 25 SDR 65.

 

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.