State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., November 9, 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 (November 2, 1998) is considering rules to define certain mental illnesses as biologically based and to limit the restrictions that health benefit plans can place on coverage for biologically based mental illnesses. The general authority for these rules, as cited by the division, is SDCL 58-17-87, 58-18-79, 58-18B-36.

A public hearing will be held in Room 464 of the Capitol Building, 500 East Capitol Avenue, Pierre, South Dakota, on Wednesday, December 2, 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 Avenue, Pierre, SD 57501-2000. Material sent by mail must be received by 5:00 p.m., Monday, December 14, 1998, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3563 before the hearing.

Department of Environment and Natural Resources: Division of Environmental Services (November 3, 1998) is proposing amendments to surface water quality standards rules to meet federal EPA requirements established for state surface water quality standards under the Clean Water Act of 1987. The general authority for these rules, as cited by the division, is SDCL 34A-2-10, 34A-2-11, 34A-2-93.

A public hearing will be held by the Water Management Board in the Conference Room at the Floyd Matthew Training Center, 523 East Capitol, Pierre, SD, on December 3, 1998, at 8:30 a.m.(CST). Copies of the proposed rules may be obtained from and written comments sent to William Baer, Surface Water Quality Program, South Dakota Department of Environment and Natural Resources, Joe Foss Building, 523 East Capitol, Pierre, SD 57501-3181. 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 call (605) 773-3351 48 hours before the hearing.

Department of Commerce and Regulation: Commission on Gaming (November 5, 1998) intends to revise and clarify rules on racing to protect the integrity of racing, to bring rules into compliance with technological changes and current practices and procedures, to ensure proper licensure and renewal fees, to repeal outdated rules, and to ensure that payments by licensees are made in a timely manner to the Commission. The proposed Deadwood gaming rules will make games and gaming more secure, preserve the integrity of gaming, repeal outdated rules, streamline rules followed by licensees to comply with current practices and procedures and technology, and revise existing forms necessary for internal control and reporting. The general authority for these rules, as cited by the division, is SDCL 42-7-56, 42-7-67, 42-7B-7, 42-7B-11, 42-7B-69.

A public hearing will be held at City Hall, 102 Sherman Street, Deadwood, South Dakota, on Friday, December 4, 1998, at 9:00 a.m. (MST). Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Commission on Gaming, 118 West Capitol Avenue, Pierre, SD 57501-2017. Material sent by mail must be received by Monday, November 30, 1998, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-6050 or (605) 578-3074 at least 48 hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

James R. Bartels, Pierre, was appointed on October 28, 1998, to the Drug and Alcohol Abuse Advisory Council, to replace Trudy Fiegum, effective immediately and to continue until July 1, 2000.

Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: STATE BANKING

COMMISSION: 20:07:03:18.01

History Notice: 25 SDR 51, Sept. 28, 1998

Hearing: October 14, 1998

Filed: October 30, 1998

Effective: November 19, 1998

DEPARTMENT OF LABOR: DIVISION OF LABOR AND MANAGEMENT: 47:03:05:01 to 47:03:05:12, inclusive; 47:03:05:02.01, 47:03:05:13 and 47:03:05:14; Chapter 47:03:05, Appendix A and B; and 47:03:08:01 to 47:03:08:04, inclusive.

History Notice: 25 SDR 29, August 31, 1998

Hearing: September 29, 1998

Filed: November 2, 1998

Effective: November 22, 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 ofe 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

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REMINDER OF HEARINGS SCHEDULED:

 

11-12-98

Game, Fish and Parks

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

11-18-98

Department of Commerce and Regulation: 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

Department of Commerce and Regulation: Division of Insurance

Guaranteed issue Medicare Supplement; 25 SDR 65.

11-20-98

Agriculture: Agricultural Development

Agricultural Loan Participation Program; 25 SDR 69.

12-2-98

Department of Commerce and Regulation: Division of Insurance

Define mental illness as biologically based, limit health benefit plan restrictions; 25 SDR 71.

12-3-98

Department of Environment and Natural Resources: Environmental Services

Surface water quality standards; 25 SDR 71.

12-4-98

Department of Commerce and Regulation: Gaming Commission

Revise rules on racing and Deadwood gaming; 25 SDR 71.

 

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.