State Seal REGISTER

South Dakota Legislative Research Council

Volume 27 Tuesday, 8:00 a.m., December 26, 2000


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 Agriculture: Animal Industry Board: (December 21, 2000) has filed rules to

change the age of test eligible cattle and buffalo and remove brucellosis testing requirements as long as South Dakota remains free of brucellosis; name states for which cattle must be treated for scabies prior to import and to name approved treatments; clarify that nondomestic birds raised in captivity are included in poultry regulations; change the certifying party for qualified poultry to the board; clarify the testing of flocks for pullorum; include elephants in the list of animals requiring possession permits; amend the time frame for initial tests by cervid owners; require official identification upon change of ownership of breeding cattle; clarify the publishing of a list of diseases required to be reported to the board; provide for cattle herd owners' voluntary participation in Johne's control and provide assistance in the cost of such participation; and update references to Federal Uniform Methods and Rules.

A public hearing will be held on Monday, January 22, 2001, at 1:00 p.m. at the Animal Industry Board Office, 411 South Fort Street, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501. Material sent by mail must reach the Board Office by Monday, January 22, 2001, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which arrangements must be made are asked to call (605) 773-3321 at least forty-eight hours before the hearing.

Department of Game, Fish and Parks: (December 22, 2000) has filed rules pertaining to certain land managed or controlled by the Department and land contained within the right-of-way of the George S. Mickelson Trail where no person may interfere with Department management, may only leave property at certain times and under certain conditions, may not hold certain events without written permission, may not engage in certain commercial activities without written permission, may not place, construct, or erect certain improvements; permits the use of shotguns using shot shells and a bow and arrow at Mina Recreation Area during certain times; prohibits the use or possession of glass containers in certain designated areas; prohibits the use or possession of alcoholic beverages within certain designated areas at Lake Alvin; modifies park entrance license fees, camping permit fees, and trail pass fees; prohibits the use of rifles and handguns while hunting game birds/turkeys except turkey during the Fall turkey hunting season and requires that firearms used during the Spring turkey hunting season must be a shotgun using shotshells; modifies number and types of units, licenses, and tags available in certain units during Spring wild turkey hunting season; and establish a prairie dog shooting season.

A public hearing will be held on Thursday, January 11, 2001, at 2:00 p.m. at the Kings Inn, 220 South Pierre Street, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to John L. Cooper, Secretary, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501, and must be received prior to the hearing date. Comments may also be sent by e-mail to chuck.schlueter@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 (605) 773-3387, before the hearing.

NOTICE: The South Dakota Lottery is ending instant ticket game numbers 107 Double Slots, 128 Monthly Bonus, 125 Top Dog, and 126 Sizzlin' Slots. The last day prizes will be paid for the games is May 26, 2001.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

BUREAU OF ADMINISTRATION: 10:02:02:01 and 10:02:02:02.

History-Notice: 27 SDR 45, Oct. 23, 2000

Hearing: November 22, 2000

Filed: December 15, 2000

Effective: January 4, 2001

DEPARTMENT OF COMMERCE AND REGULATION: STATE CEMENT PLANT COMMISSION: 20:16:13:01, 20:16:13:02, 20:16:13:07, 20:16:13:08, 20:16:13:09, 20:16:13:11, 20:16:13:13, 20:16:13:17, 20:16:13:22, 20:16:13:25, 20:16:13:27.01, 20:16:13:29, 20:16:13:29.01, and 20:16:13:40.

History-Notice: 27 SDR 49, Nov. 6, 2000

Hearing: November 22, 2000

Filed: December 22, 2000

Effective: January 11, 2001

GOVERNOR'S OFFICE OF ECONOMIC DEVELOPMENT: ECONOMIC DEVELOPMENT FINANCE AUTHORITY: Chapter 68:01:02 and Chapter 68:01:03.

History-Notice: 27 SDR 29, Sept. 18, 2000

Hearing: December 7, 2000

Filed: December 15, 2000

Effective: January 4, 2001

 

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

1-4-2001

Commerce and Regulation: Commission on Gaming

$100 bet limits; 27 SDR 61.

1-11-2001

Department of Game, Fish and Parks

Use of and fees for parks and public lands; hunting requirements and prohibited methods for Spring and Fall wild turkey seasons; establish prairie dog shooting season; 27 SDR 65.

1-22-2001

Department of Agriculture: Animal Industry Board

Testing requirements of cattle and buffalo for brucellosis; official identification upon change of ownership of breeding cattle; clarify publishing a list of diseases required to be reported to the board; states from which cattle must be treated for scabies; nondomestic birds raised in captivity included in poultry regulations; change certifying party for qualified poultry to the board; clarify pullorum testing; add elephants to list of animals requiring possession permits; time frame for initial test by cervid owners; cattle herd owners ' participation in Johne's control; and update references to Federal regulations; 27 SDR 65.

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 LAC 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.