State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., November16, 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: Game, Fish and Parks Commission: (November 13, 1998) intends to adopt EMERGENCY rules to extend the elk hunting season in Bennett and Gregory County to minimize depredation. The general authority for these rules, as cited by the division, is SDCL 41-2-18 and 41-8-1.

A teleconference meeting will be held on November 19, 1998, at 10:00 a.m. A copy of the proposed rules may be obtained from the Department of Game, Fish and Parks, 523 West Capitol Avenue, Pierre, SD 57501.

Department of Environment and Natural Resources: Board of Water and Natural Resources: (November 13, 1998) is considering rules to allow interest rates to be changed throughout the year; provide a reduced interest rate to participants in the Municipal Pollution Prevention program; revise the affordability criteria; revise the rate requirement portion of the disadvantaged community definition; clarify portions of the project priority rating system; and change the priority list bypass procedure. The general authority for these rules , as cited by the department, is SDCL 46A-1-60.1 and 46A-1-60.3.

A public hearing will be held in the Floyd Matthew Training Center, Joe Foss Building, 523 East Capitol Avenue, Pierre, South Dakota, on December 10, 1998, at 8:30 a.m. Copies of the proposed rules may be obtained from and written comments sent to the Department of Environment and Natural Resources, Board of Water and Natural Resources, 523 East Capitol, Pierre, South Dakota 57501. Material sent by mail must be received prior to the close of the hearing. 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) 773-4216 at least 48 hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Jeffory A. Erickson, Watertown, was appointed on November 4, 1998, to the State Banking Commission, to replace Charles Ekstrum, effective immediately and to continue until July 1, 1999.

Administrative Rules:

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES: 74:04:09

History Notice: 25 SDR 25, August 24, 1998

Hearing: September 30, 1998

Filed: October 29, 1998

Effective: November 18, 1998

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF INSURANCE: 20:06:29:01 and 20:06:29:02

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

Hearing: October 8, 1998

Filed: November 6, 1998

Effective: November 26, 1998

Executive Orders

Executive Order 98-12, dated November 12, 1998, assigns to the South Dakota Department of Labor, Labor Market Information Center, the responsibility for management of South Dakota's statewide employment statistics system as defined in Title III, Subtitle A Wagner Peyser Act, Sec. 15 (a).

Executive Order 98-13, dated November 13, 1998, declares that the offices for state government shall be administratively closed on Friday, November 27, 1998. This declaration applies only to state employees within the executive branch of state government under the immediate control of the Governor. All other units of government and the private business sector are to make independent judgments on this matter.

 

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:

11-18-98

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.

12-10-98

Department of Environment and Natural Resources: Board of Water and Natural Resources

Allow changes in interest rates; reduced interest rates Municipal Pollution Prevention program; affordability criteria; disadvantaged community definition, project priority rating system; priority list bypass procedure; 25 SDR 75.

 

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.