State Seal REGISTER

South Dakota Legislative Research Council

Volume 27 Monday, 8:00 a.m., September 25, 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 Game, Fish and Parks: (September 18, 2000) is considering rules to amend the use and possession of minnows and baitfish in certain bodies of water; prohibit bait dealers from taking bait and biological specimens in certain bodies of water, require bait dealer's to possess their license while transporting bait, permit liberalized fishing in certain bodies of water during certain times, clarify the working relationships and agreements with the state of Nebraska on portions of the Missouri River and the state of Iowa on portions of the Big Sioux River to facilitate rules conformity between the states, impose the 15-inch minimum size limitation for certain fish on a portion of the Missouri River, prohibit high-grading of fish on South Dakota-Minnesota boundary waters, revise fish limits on special management waters, add areas open to spearing of fish, modify Lake Oahe walleye limits and size restrictions, prohibit the taking of smelt from the Missouri River except by hook and line, and establish a resident, nonresident, and nonresident family fishing license and applicable fees for a fishing license valid only on Lake Oahe. The general authority for these rules, as cited by the department is SDCL 41-2-18, 41-6-10, 41-6-37.1, 41-6-44, 41-6-44.1, 41-6-45, 41-6-45.1, and 41-6-63.

A public hearing will be held on October 12, 2000, at 2:00 p.m., at the Ramada Inn in Aberdeen, 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 jeanette.gourneau@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.

Department of Environment and Natural Resources: (September 19, 2000) is proposing rules to make operator certification requirements comply with the national operator certification guidelines issued by the Environmental Protection Agency (EPA) and to have a program that can be approved by the EPA. The general authority for these rules, as cited by the department is SDCL 34A-3-23, 34A-3-24, and 36-22A-23.

A public hearing will be held on October 17, 2000, at 10:00 a.m., in the Large Conference Room #130, Joe Foss Building, 523 East Capitol Avenue, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to the Department of Environment and Natural Resources, Operator Certification Program, 523 East Capitol Avenue, Pierre, South Dakota 57501-3181. Material sent by mail must reach the department by 5:00 p.m., October 16, 2000, 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) 773-4208 at least forty-eight hours before the hearing.

 

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

DEPARTMENT OF TRANSPORTATION: 70:01:02:06.

History-Notice: 27 SDR 11, August 7, 2000

Hearing: August 24, 2000

Filed: September 20, 2000

Effective: October 10, 2000

DEPARTMENT OF SOCIAL SERVICES: 67:44:03:09.01, 67:45:01:01, 67:45:01:02, 67:45:01:03, 67:45:01:04, 67:45:01:04.01, 67:45:01:04.02, 67:45:01:04.03, 67:45:01:04.04, 67:45:01:04.05, 67:45:01:04.06.

History-Notice: 26 SDR 167, June 12, 2000

Hearing: July 26, 2000

Filed: September 21, 2000

Effective: October 11, 2000

DEPARTMENT OF EDUCATION: BOARD OF EDUCATION: 24:15:01:02, 24:15:03:03, 24:15:03:03.01, 24:15:03:05, 24:15:03:08, 24:15:03:10, 24:03:02:03, 24:03:04:15, 24:03:05:01, 24:03:06:23, 24:03:06:26, 24:16:01:01, 24:16:08:03, 24:16:08:11, 24:16:08:21, 24:16:08:22, 24:16:08:23, 24:16:08:30, 24:16:08:36, 24:16:08:37, 24:16:08:39, 24:16:08:41, 24:16:08:44, 24:16:08:49, 24:16:08:50, and 24:16:08:54.

History-Notice: 26 SDR 161, May 30, 2000

Hearing: June 19, 2000

Filed: September 21, 2000

Effective: October 11, 2000

Attorney General Appointments:

Mark Kratochvil, Brookings, and Jason Glodt, Pierre, were appointed as Special Assistant Attorneys General, filed September 21, 2000.

 

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

9-28-2000

Transportation

Speed zones in Codington, Marshall, and Roberts Counties; 27 SDR 21

9-29-2000

Social Services

Licensed child care facilities; 27 SDR 26.

10-6-2000

Commerce and Regulation: Board of Dentistry

Testing scores for initial dental and dental hygiene licensure; 27 SDR 29.

10-12-2000

Game, Fish and Parks

Use and possession of minnows and baitfish, bait dealer's license possession, liberalized fishing in certain bodies of water, agreements with Nebraska and Iowa, size limitation of fish on Missouri River, prohibit high-grading of fish on SD-MN boundary waters, fish limits on special management waters, add areas of spear fishing, modify Lake Oahe walleye limits and size restrictions, smelt taken by hook and line on Missouri River, special fishing licenses on Lake Oahe; 27 SDR 31.

10-13-2000

Office of Economic Development

Profit and nonprofit development corporations borrow funds from APEX program; 27 SDR 29.

10-17-2000

Attorney General

Update traffic ticket forms; 27 SDR 25.

10-17-2000

Commerce and Regulation: Division of Insurance

Update general authority and law implemented references, update manuals incorporated by reference, federal requirements for Medicare supplement insurance policies; 27 SDR 25.

10-17-2000

Environment and Natural Resources

Operator certification requirements comply with EPA guidelines; 27 SDR 31.

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Wednesday, October 18, 2000, in Room 413 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: 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 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.