State Seal REGISTER

South Dakota Legislative Research Council

Volume 27 Monday, 8:00 a.m., April 30, 2001


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)

Secretary of State's Office: (April 26, 2001) intends to adopt rules that set forth procedures for acceptance and refusal of Uniform Commercial Code filings, as well as spell out specific requirements in filling out all UCC forms, and to set fees for domestic business trusts. The general authority for these rules, as cited by the office, is SDCL 57A-9-526 and SB 81, 2001 Legislative Session.

A public hearing will be held on Wednesday, May 23, 2001, at 9:00 a.m., in the Secretary of State's Conference Room, State Capitol Building, Room 204, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the Secretary of State, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070. Written comments must be received before May 22, 2001, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the Secretary of State can make arrangements may call (605) 773-3537 before the hearing.

Department of Revenue: (April 25, 2001) intends to adopt rules to set a minimum number of hours a licensed auto dealer is to be open; set guidelines for the design of car auction agency in-transit permits; repeal rules governing incentive advertisement; ensure that appraisals are done using the most current information; set deadlines for counties to submit information to establish the equalization factor and submit real estate transfers to the Department of Revenue; raise the amount of damage disclosure on motor vehicles; repeal rules governing motor vehicle registration lists; repeal the definition of the "State logo die stamp"; increase the fee for assignment of a vehicle identification number (VIN) and change the methods regarding the assignment of a VIN to motorcycles; and repeal the rules involving exemption of certain members of Indian Tribes residing on their own reservations from motor vehicle excise tax. The general authority for these rules, as cited by the department, is SDCL 10-1-16.1, 10-3-1.2, 10-6-33.13, 32-3-57, 32-6B-30, 32-6B-60, 32-7B-20.

A public hearing will be held on Friday, May 18, 2001, at 9:00 a.m., in Room 413 of the State Capitol Building, 500 East Capitol Avenue, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the Department of Revenue, Legal Division/Rules, 445 East Capitol Avenue, Pierre, South Dakota 57501-3100. Written comments must be received by May 29, 2001, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements may call (605) 773-4701 at least forty-eight hours before the hearing.

Department of Social Services: (April 26, 2001) intends to adopt rules to incorporate by reference current versions of publications used by the Department when pricing medical claims; incorporate the latest federal poverty levels the department uses when determining eligibility for various programs; increase the cost outlier used when calculating a hospital's DRG payment; increase the rate of payment for services provided in a DRG-exempt psychiatric unit; update the DRGs and the list of outpatient laboratory services and fees used when paying hospital claims; limit the Medicaid payment on Medicare crossover claims for inpatient hospital services; and incorporate by reference the most recent changes to the Medicare Provider Reimbursement Manual used when determining the rate of payment for nursing facilities. The general authority for these rules, as cited by the department, is SDCL 25-4-45.3, 28-1-61, 28-6-1, 28-6A-12, 28-7A-3, 28-7A-24.

A public hearing will be held on Wednesday, May 23, 2001, at 1:15 p.m., in Room 464, State Capitol Building, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to Jill Wellhouse, Administrative Rules, Department of Social Services, 700 Governors Drive, Pierre, South Dakota 57501. Written comments must be received by June 1, 2001, to be considered. Persons who have special needs for which the department can make arrangements may call (605) 773-3305 at least forty-eight hours before the hearing.

 

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Doug Larson, Aberdeen, was appointed on April 19, 2001, to the Statewide One-Call Notification Center Board, to replace Harold Anderson, effective immediately and to continue to November 1, 2001.

Richard L. Pearson, Wentworth, was appointed on April 25, 2001, to the South Dakota Aeronautics Commission, to replace Ken Hirsch, effective immediately and to continue to July 1, 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

5-3-2001

Education and Cultural Affairs: Professional Administrators Practices and Standards Commission

Definitions relating to educational administrators, clarify code of ethics for administrators, evidence presented during a hearing, clarify who receives commission decisions; 27 SDR 103.

5-4-2001

Education and Cultural Affairs: Professional Teachers Practices and Standards Commission

Definitions relating to employees in educational institutions, clarify code of ethics for teachers, time for filing complaints, conformity of language in statutes and rules, evidence presented at hearing, clarify who receives commission decisions; 27 SDR 103.

5-7-2001

Agriculture

Labeling ruminant livestock feeds, manufacturing, handling, and transportation of livestock feeds, reduce feed and fertilizer tonnage inspection fees; 27 SDR 104.

5-18-2001

Revenue

Set minimum number of hours auto dealers are open, guidelines for in-transit permits, update information regarding appraisals, damage disclosures on motor vehicles, motor vehicle registration lists, repeal definition of "State logo die stamp," methods regarding us of motor vehicle identification numbers, repeal rules involving exemption of certain members of Indian Tribes from motor vehicle excise tax; 27 SDR 113.

5-23-2001

Secretary of State

Procedures for acceptance and refusal of Uniform Commercial Codes and requirements for filling out UCC forms and set fees for domestic business trusts; 27 SDR 113.

5-23-2001

Social Services

Incorporate by reference current versions of publications used by the Department and the latest federal poverty levels, increase the cost outlier, update DRG and Medicaid payments, incorporate by reference changes in rate of payment for nursing facilities; 27 SDR 113

6-5-2001

Commerce and Regulation: Board of Osteopathic and Medical Examiners

Permit the Board to utilize applications other than those produced by the Board; 27 SDR 101.

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held on Tuesday, May 8, at 9:00 a.m., in Room 413 of the State Capitol by telephone conference call. The committee chair has set the following tentative meeting schedule for the 2001 interim: June 12, August 7, October 8, and November 28.

Agencies whose rules have had a public hearing will be scheduled to meet with the Rules Review Committee and 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.