State Seal REGISTER

South Dakota Legislative Research Council

Volume 27 Monday, 8:00 a.m., December 18, 2000


A COPY OF EACH REGISTER IS FILED IN THE OFFICE OF THE SECRETARY OF STATE

NOTICES OF PROPOSED RULES: (None)

Correction: The federally mandated rules to meet the standards for upper limits of multiple source drugs set by the Health Care Financing Administration (HFCA) were filed in the Legislative Research Council on December 11, 2000. The rules were filed with the Secretary of State's Office on December 14, 2000, and are effective December 14, 2000. The Register of December 11, 2000, page 61, incorrectly reported the effective date as December 7, 2000.

DECLATORY RULINGS:

The One Call Notification Board has filed a Declaratory Ruling with the LRC. The ruling provides guidance when an excavator may begin digging after the excavator has provided notice according to ARSD 20:25:03:07 and SDCL 49-7A-3.

The complete Declaratory Ruling dated December 12, 2000, is on file in the office of the LRC. It may be reviewed or copied at anytime during normal business hours.

The Public Utilities Commission has filed Declaratory Ruling EL00-030 with the LRC. West River Electric Association, Inc. (WREA) had asked the Commission about its jurisdiction over the siting of a new 115 kV transmission line near Rapid City. In the ruling the Commission ordered that WREA's proposed transmission line is subject to the Commission's siting jurisdiction.

The complete Declaratory Ruling dated December 14, 2000, is on file in the office of the LRC. It may be reviewed or copied at anytime during normal business hours.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF HUMAN SERVICES: Articles 46:10, 46:11, 46:17, and Chapter 46:13:01.

History-Notice: 27 SDR 39, Oct. 10, 2000

Hearing: October 27, 2000

Filed: December 11, 2000

Effective: December 31, 2000

DEPARTMENT OF SOCIAL SERVICES: 67:42:01:02, 67:42:01:05, 67:42:01:05.01, 67:42:01:10, 67:42:01:14, 67:42:01:16, 67:42:01:23, 67:42:01:24, 67:42:01:35, 67:42:01:36; 67:42:11:01, 67:42:11:02, 67:42:11:02.01, 67:42:11:05, 67:42:11:06, 67:42:11:07.02, 67:42:11:08, 67:42:11:09, 67:42:11:10, 67:42:11:34; 67:42:14:01 to 67:42:14:28, inclusive.

History-Notice: 27 SDR 26, Sept. 11, 2000

Hearing: September 29, 2000

Filed: December 11, 2000

Effective: December 31, 2000

ATTORNEY GENERAL: LAW ENFORCEMENT STANDARDS AND TRAINING COMMISSION: 2:01:02:02, 2:01:02:03.01, 2:01:06:05, 2:01:06:06, 2:01:06:16, 2:05:01:02, 2:05:01:02.01

History-Notice: 27 SDR 35, Oct. 2, 2000

Hearing: November 15, 2000

Filed: December 13, 2000

Effective: January 2, 2001

DEPARTMENT OF SOCIAL SERVICES: On December 14, 2000, the department filed updates to the Food Stamp Program Certification and Accountability Manual. The revised provisions relate to issuing benefits when a recipient dies and to the coordination of benefits when a person is incarcerated.

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

 

12-19-2000

Commerce and Regulation: Division of Commercial Inspection and Regulation

Update references in building and fire codes to more recent edition; 27 SDR 53.

12-21-2000

School and Public Lands

Regulate paleontological collection and excavation of vertebrate fossils; 27 SDR 57.

1-4-2001

Commerce and Regulation: Commission on Gaming

$100 bet limits; 27 SDR 61.

 

Rules Review Committee Meetings

The Interim Rules Review Committee will meet again following the 2001 legislative session. 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 27 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://legis.state.sd.us.