State Seal

REGISTER

South Dakota Legislative Research Council

Volume 24 Monday, 8:00 a.m., March 30, 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: Board of Pharmacy (March 23, 1998) intends to increase licensure fees for full-time pharmacies, part-time pharmacies, nonresident pharmacies, and wholesale distributors/manufacturers; amend language relating to nonprescription drugs; and clarify how nonprescription drugs are maintained outside the prescription area when the pharmacy is closed. The general authority for these rules, as cited by the agency, is SDCL 36-11-11, 36-11-19.3, 36-11-53, 36-11-54, 36-11-56, and 36-11A-14.

A public hearing will be held on April 17, 1998, at 1:00 p.m., at the board office, 4305 South Louise Avenue, Suite 104, Sioux Falls. Copies of the rules may be obtained from and written comments sent to the South Dakota Board of Pharmacy, 4305 South Louise Avenue, Suite 104, Sioux Falls, South Dakota 57106, and must be received by April 16, 1998, to be considered. Persons who have special needs for which the agency can make arrangements are asked to call (605) 362-2737 before the hearing.

Department of Agriculture (March 23, 1998) intends to reallocate the counties within the seven districts of the legislative checkoff for soybeans and amend the procedure by which the members of the South Dakota Soybean Research and Promotion Council are elected by changing the signatures required on nominating petitions, deleting the requirement of participating grower affidavits, and clarifying voter eligibility requirements and the procedure of certification of election. The general authority for these rules, as cited by the agency, is SDCL 38-29-3.

A public hearing will be held on April 23, 1998, at 1:00 p.m., at the Department of Agriculture Conference Room, Third Floor, Foss Building, 523 East Capitol Avenue, Pierre. Copies of the proposed rules may be obtained from and written comments may be sent to the Department of Agriculture, Office of the Secretary, 523 East Capitol Avenue, Pierre, South Dakota 57501, and must be received by May 4, 1998, to be considered. For access assistance, persons with disabilities may call Leanne Neuhauser, (605) 773-5425.

South Dakota Retirement System (March 23, 1998) intends to clarify certain aspects of credited service; clarify benefit payment procedures, disability application procedures, and election procedures; implement federal requirements and limits for the base plan; clarify membership provisions and administration procedures; and implement federal requirements and limits for the supplemental plan. The general authority for these rules, as cited by the agency, is SDCL 1-26-15, 3-12-58, 3-12-89.1, 3-12-100, 3-13-49, and 3-13-54.

A public hearing will be held on April 16, 1998, at 1:30 p.m., at the RiverCentre Convention Center, 920 West Sioux Avenue, Pierre. Written comments may be sent to the South Dakota Retirement System, 216 East Capitol Avenue, P.O. Box 1098, Pierre, South Dakota 57501-1098, and must be received by April 16, 1998, to be considered. Copies of the proposed rules may be obtained from the same address. For access assistance, persons with disabilities may call the South Dakota Retirement System Office at (605) 773-3731 before the hearing.

Department of Commerce and Regulation: Division of Commercial Inspection and Regulation (March 25, 1998) is considering the amendment and adoption of rules to set a fee for the safety inspections of bulk liquid petroleum gas facilities having a storage capacity of eight thousand gallons or larger and to establish minimum standards of safety for bulk liquefied petroleum gas storage facilities based on nationally recognized codes and standards. The general authority for these rules, as cited by the division, is SDCL 34-39-3, 37-2-6, 37-2-7, and 37-21-9.1.

A public hearing will be held in the Commerce Building, Second Floor Conference Room, 118 West Capitol Avenue, Pierre, on April 28, 1998, at 1:30 p.m. Written comments may be sent to the Department of Commerce and Regulation, Division of Commercial Inspection and Regulation, 118 West Capitol Avenue, Pierre, South Dakota 57501, and must reach the division by May 8, 1998. Copies of the proposed rules may be obtained from the same address. The hearing is being held in a physically accessible place. Persons with special needs for which the division can make arrangements are asked to call (605) 773-3697 before the hearing.

Department of Transportation: South Dakota Transportation Commission (March 26, 1998) is considering the amendment of rules on speed limits in Brown County on State Trunk Highway 37 through Groton, in Fall River County on U.S. Highway 385 through Oelrichs, and in Hand County on State Trunk Highway 45 through Miller. The general authority for these rules, as cited by the agency, is SDCL 32-25-7.

A public hearing will be held on April 23, 1998, at 10:00 a.m. in the Commission Room in the Becker-Hansen Building, Pierre. Written comments may be sent to the Secretary of Transportation, 700 East Broadway Avenue, Pierre, South Dakota 57501, before the date of the hearing. Copies of the proposed rules may be obtained from the same address. For access assistance, persons with disabilities may call the Secretary of the Department of Transportation, (605) 773-3265, before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF LABOR added retail nurseries classified as industry number 5261 in the Standard Industrial Classification Manual as a seasonal industry, ARSD 47:06:01:02; allowed additional methods of filing unemployment insurance claims, 47:06:04:11 and 17; and revised the time for filing claims, 47:06:04:17.

History--Notice: 24 SDR 105, February 4, 1998

Hearing: February 27, 1998

Filed: March 23, 1998

Effective: April 12, 1998

DEPARTMENT OF CORRECTIONS: BOARD OF PARDONS AND PAROLES set the schedule and location of board meetings, ARSD 17:60:06:01; established parole date review procedures, 17:60:07:01-05; set hearing procedures for noncompliance with individual directives, 17:60:08:01-05; established procedures for discretionary parole following revocation or initial denial, 17:60:09:01-06; provided for review of parole supervision or release plans, 17:60:10:01-03; established procedures for revocation of parole, 17:60:11:01-13; set requirements for executive clemency, 17:60:12:01; and set requirements for intermediate sentencing, 17:60:13:01.

History--Notice: 24 SDR 83, December 3, 1997

Hearing: January 23, 1998

Filed: March 25, 1998

Effective: April 14, 1998

DEPARTMENT OF REVENUE clarified the taxation of persons providing medical expert testimony or consulting services, ARSD 64:06:02:87.

History--Notice: 24 SDR 105, February 3, 1998

Hearing: February 26, 1998

Filed: March 26, 1998

Effective: April 15, 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 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:

 

4-8-98

Game, Fish and Parks: Game, Fish, and Parks Commission

Custer State Park deer season, late archery elk season, elk season, antlerless elk season, bighorn sheep season, and trophy bison bull harvest; archery antelope, deer, and elk seasons; preference certificates; elk season; special buck licenses; West River prairie deer season; East River deer season; campground designations and fees; 24 SDR 131.

4-9-98

Human Services: Division of Drug and Alcohol Abuse

Treatment and prevention services, agency accreditation; 24 SDR 131.

4-16-98

Commerce and Regulation: Board of Nursing

Delegation of nursing tasks to dialysis technicians; 24 SDR 132.

4-16-98

South Dakota Retirement System

Credited service, benefit payment, disability application, election, membership, administration, federal requirements and limits for the base and supplemental plans; 24 SDR 135.

4-17-98

Commerce and Regulation: Board of Pharmacy

Licensure fees, nonprescription drug practices; 24 SDR 135.

4-23-98

Agriculture

South Dakota Soybean Research and Promotion Council districts and election procedures; 24 SDR 135.

4-23-98

Transportation

Speed limits in Brown, Fall River, and Hand Counties; 24 SDR 136.

4-28-98

Commerce and Regulation: Division of Commercial Inspection and Regulation

Safety inspection fee for bulk liquid petroleum gas facilities, minimum safety standards for bulk liquefied petroleum gas storage facilities; 24 SDR 136.

 

RULES REVIEW COMMITTEE MEETING:

The next meeting of the Interim Rules Review Committee will be held April 22, 1998, in Rooms LCR 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 nine 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 24 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.