State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., April 24, 2000

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

NOTICES OF PROPOSED RULES: None

DECLARATORY RULINGS:

The South Dakota Commission on Gaming has filed two Declaratory Rulings with the LRC. The first ruling determines that sales of slot machines by a licensed operator to a licensed distributor are permitted provided that the licensed operator files a written request specifically identifying why the sale of the slot machines is necessary and further submits to the Commission for approval all existing contractual agreements in accordance with current rules and regulations pertaining to gaming contracts. The second ruling determines that the proposed Casino Six in the Tin Lizzie gaming complex constitutes a building for the purpose of determining the number of gaming devices that can be placed within the structure pursuant to SDCL Chapter 42-7B and ARSD Chapter 20:18. Thirty gaming devices can be placed in the proposed Casino Six assuming compliance with all other rules and requirements for gaming activities. The Commission on Gaming further determines that the inner access between proposed Casino Six and Casino One and proposed Casino Six and Casino Five can be protected by a water curtain and qualify under the Uniform Building Code as appropriate openings for these buildings.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF PODIATRY EXAMINERS: 20:55:01:03, 20:55:01:05, 20:55:01:08, 20:55:02:01, 20:55:02:02, 20:55:02:03, 20:55:02:05, 20:55:03:04, 20:55:03:05, 20:55:03:06, 20:55:04:01, 20:55:05:03, 20:55:05:04, and 20:55:06:02.

History-Notice: 26 SDR 95, Jan. 10, 2000

Hearing: February 17, 2000

Filed: April 17, 2000

Effective: May 7, 2000

Executive Appointment:

Scott D. McGregor, Rapid City, was appointed on April 12, 2000, as Deputy State Treasurer of the State of South Dakota, effective April 1, 2000, and to continue at the pleasure of the State Treasurer.

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

 

4-27-2000

Board of Nursing

Update licensing procedures, expand tasks to unlicensed assistive personnel, scope of practice for LPNs; 26 SDR 123.

4-27-2000

Transportation

Speed zones in Beadle, Corson, and Mellette Counties; 26 SDR 131.

4-27-2000

Agriculture: Value Added Finance Authority

Increase or decrease low or net worth requirement for Beginning Farmer Bond Program; 26 SDR 135.

5-2-2000

Social Services

Rules relating to the Temporary Assistance for Needy Families Program (TANF); 26 SDR 135.

5-3- 2000

Social Services

Rules relating to the medical assistance program; 26 SDR 139.

5-4-2000

Game, Fish and Parks

Amend rules relating to motorboats and watercrafts; pheasant, grouse, sage grouse, partridge, Early Fall Canada geese, Special Canada geese, Spring Snow geese, and Tundra swan hunting seasons; Black Hills deer hunting season and youth deer season; National Wildlife Refuge deer hunting seasons; and define live furbearing animal; 26 SDR 139.

5-4-2000

Secretary of State

Ballot instructions and colors, guidelines for verifying and circulating petitions, and information on ballot question petitions, remove landowner reference in petitions, and remove references to identifying marks on ballots; 26 SDR 135.

5-15-2000

Agriculture: Brand Board

Define open markets, establish amount paid to feed and transport estray livestock; 26 SDR 139.

 

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Wednesday, June 7, 2000, in Legislative Conference Rooms 1 and 2 of the State Capitol, Pierre, starting at 9:00 a.m. The committee chair has set the following tentative meeting schedule for the 2000 interim: July 11, August 16, September 12, October 18, November 14, and December 12. 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 26 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.