State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., July 12, 1999


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: Real Estate Commission: (July 6, 1999) is proposing new rules to revise license application procedures and fees, eliminate gender-specific language, remove the requirement for closing agent signature on real estate auction listings, remove reference to mortgage brokers, adopt the current edition of the Uniform Standards of Professional Appraisal Practice, repeal requirements of a continuing education core course, repeal requirement for filing multiple copies of timeshare applications, revise procedures for application for a timeshare license, create a residential rental agent license, adopt a standard real estate auction listing agreement, adopt a property management agreement, and revise buyer/tenant representation agreement. The general authority for these rules, as cited by the commission, is SDCL 36-21A-30.1, 36-21A-31, 36-21A-34, 36-21A-47, 36-21A-49, 36-21A-61, 36-21A-63, 36-21A-89, and 36-21A-130, and 43-15B-6.

A public hearing will be held in the Conference Room, Second Floor, Commerce Building, 118 West Capitol, Pierre, South Dakota, on August 12, 1999, at 4:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Real Estate Commission, 118 West Capitol, Pierre, South Dakota 57501. Material sent by mail must be received by August 12, 1999, 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 are asked to call (605) 773-3600 at least forty-eight hours before the hearing.

Department of Agriculture: (July 7, 1999) intends to adopt rules to describe and define methods and procedures for reporting of livestock prices by packers, order buyers, agents, and others dealing in livestock purchased for slaughter. The general authority for these rules, as cited by the department, is SDCL 40-15B-7.

A public hearing will be held in the Matthew Training Center, First Floor, Foss Building, 523 East Capitol, Pierre, South Dakota, on August 6, 1999, at 9:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Department of Agriculture, Office of the Secretary, 523 East Capitol, Pierre, South Dakota 57501. Material sent by mail must be received by August 5, 1999, to be considered. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-5425 before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

 

DEPARTMENT OF SOCIAL SERVICES: 167:16:04:33, 167:16:04:46, 167:16:04:48, 167:16:04:51, 167:16:04:52, 167:16:04:54, 167:16:04:54.01, 167:16:04:54.02, 167:16:04:54.03, and 167:16:04:55

History-Notice: 25 SDR 153, June 1, 1999

Hearing: N/A

Filed: July 1, 1999

Effective: July 1, 1999

DEPARTMENT OF COMMERCE AND REGULATION: BANKING COMMISSION: 20:07:06:01

History-Notice: 25 SDR 138, May 3, 1999

Hearing: June 8, 1999

Filed: July 6, 1999

Effective: July 26, 1999

DEPARTMENT OF WATER AND NATURAL RESOURCES: BOARD OF WATER AND NATURAL RESOURCES: 74:05:10:06

History-Notice: 25 SDR 149, May 24, 1999

Hearing: June 23, 1999

Filed: July 8, 1999

Effective: July 28, 1999

Executive Appointments:

The following persons were appointed on June 29, 1999, to the South Dakota 911 Coordinated Statewide System Task Force, effective July 1, 1999, and to continue at the pleasure of the Governor:

 

Larry D. Goldsmith, Lemmon, to replace Merlin F. Jeitz

Nancy J. Ekstrum, Philip, to replace Thomas Del Grosso

The following persons were appointed on June 30, 1999, to the South Dakota 911 Coordinated Statewide System Task Force, effective July 1, 1999, and to continue at the pleasure of the Governor:

Montie F. Horn, Sioux Falls, to replace Mark Winkels

Dennis L. Gorton, Rapid City, to replace Priscilla Romkema

Jerrold J. Simon, Gettysburg

Douglas E. Nelson, Webster

Terry J. Lohr, Watertown

Mark A. Mills, Aberdeen

Ronald J. Jorgensen, Madison

Kathy S. Pease, Pierre

 

 

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:

7-12-99

Commerce and Regulation: Cosmetology Commission

Clarify safety and sanitation procedures, ban use of MMA, update license requirements, handling of blood spills, apprentice reporting procedures, update approved textbooks; 25 SDR 165.

7-13-99

Commerce and Regulation: Division of Insurance

Criteria for associations eligible to issue group health insurance; 25 SDR 161.

7-13-99

Commerce and Regulation: Division of Insurance

Federal requirements for Medicare supplement insurance policies; 25 SDR 165.

7-13-99

Commerce and Regulation: Division of Insurance

Replace outdated manuals incorporated by reference; 25 SDR 165.

7-15-99

Environment and Natural Resources: Board of Minerals and Environment

Update hazardous waste rules, clarify recycled used oil management standards, treatment standards for hazardous waste, spent military munitions, storage of hazardous waste; 25 SDR 138.

7-15-99

Game, Fish and Parks: Division of Wildlife

Antelope hunting season, East and West River deer hunting season, landowner licenses, youth waterfowl season, early September goose season possession limits, change season dates and add Marshall County, rifles on game production area in Hand County, trapping prohibitions, training dogs for hunting; 25 SDR 171.

7-19-99

Commerce and Regulation: Board of Accountancy

Requirements for CPA exam, procedures and fees for certificate and license applications, application and filing of peer review documents, procedure for suspension, professional ethics exam, verification of continuing education requirements, 25 SDR 166.

7-20-99

Commerce and Regulation: Plumbing Commission

Licensing and examination criteria for various contractors, apprentices, and installers; installation and maintenance of plumbing in buildings; 25 SDR 161.

7-20-99

Commerce and Regulation: Commercial Inspection Division

Update rules and incorporate by reference 83rd National Conference on Weights and Measures requirements; 25 SDR 171.

7-22-99

Transportation: Transportation Commission

Railroad exercise of eminent domain; 26 SDR 1.

8-6-99

Agriculture

Reporting livestock prices by packers, order buyers, agents; 26 SDR 5.

8-12-99

Commerce and Regulation: Real Estate Commission

License application procedures and fees, gender-specific language, signature on real estate auction listings, mortgage brokers reference, adopt current edition of Uniform Standards of Professional Appraisal Practice, continuing education, timeshare applications and licenses, rental agent license, real estate auction listing agreement, property management and buyer/tenant representation agreements; 26 SDR 5.

 

Rules Review Committee Meeting

The next meeting of the Interim Rules Review Committee will be held Wednesday, August 11, 1999, in Legislative Conference Rooms 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 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 25 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.