State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., November 1, 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 Transportation: Transportation Commission: (October 25, 1999) is considering rules to amend speed zones in Minnehaha, Kingsbury, Lincoln, and McPherson Counties. The general authority for these rules, as cited by the department, is SDCL 32-25-7.

A public hearing will be held in the Commission Room, Becker-Hansen Building, 700 East Broadway Avenue, Pierre, South Dakota, on Thursday, November 18, 1999, at 1:05 p.m.(CST) to consider the adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to the Secretary of Transportation, Room 202, Becker-Hansen Building, Pierre, South Dakota 57501-2586, and must be received by November 17, 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) 773-3265, at least forty-eight hours before the hearing.

Department of Health: (October 29, 1999) is proposing rules to establish requirements for amending vital records, allow for the amendment of electronic vital records, increase fees for birth and death certificates issued from the System of Vital Registration, and clarify where the fees collected by both the county and the state should be deposited. The general authority for these rules, as cited by the department, is SDCL 34-24-38, 34-25-1, 34-25-8, 34-25-42, 34-25-51, and 34-25-52.

A public hearing will be held in the Health Building, Room 107, 600 East Capitol Avenue, Pierre, South Dakota, on Monday, November 22, 1999, at 9:00 a.m. to consider the adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to Colleen Kozel, Department of Health, 600 East Capitol Avenue, Pierre, South Dakota 57501, and must be received by December 2, 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) 773-3361, at least forty-eight hours before the hearing.

Department of Human Services: (October 29, 1999) is proposing rules relating to Rehabilitation Services which will change language to be consistent with language in the Rehabilitation Act and the State Plan, add mediation as an optional step in the hearing process, define the guidelines of vocational rehabilitation costs, eliminate Levels I and II certification levels in the state, and restrict issuance of provisional certification to an interpreter for the deaf and hard of hearing. For rules relating to the Division of Developmental Disabilities changes would provide definitions for active treatment, specialized services, state developmental disability authority and swing beds, preadmission screening and continued stay reviews for admission of a person with developmental disabilities to a nursing facility, revise Life Quality Review procedures, require adjustment training centers to report serious medication errors, specify requirements for monitoring the consumer's plan, update the edition of the Life Safety Code, correct a subdivision reference, and add rules that address physical facility standards for buildings owned by adjustment training centers. For rules relating to the South Dakota Developmental Center at Redfield, the changes will outline the Center's current standards of operation. Rules changes relating to the Human Services Center at Yankton will provide necessary linkages between mental health statutes and HSC's policies and procedures, clarify the role of the hospital for the mentally ill, provide guidance for treatment providers, referral sources, prospective patients, and their families or guardians, in assessing needed psychiatric and chemical dependency services. The general authority for these rules, as cited by the department, is SDCL 1-36A-1.22, 1-36A-12, 1-36A-15, 27A-3-1.1, 27A-4-2, 27B-2-11, 28-9-40, 28-9-44, and 28-10-21.

A public hearing will be held at the Governor's Inn, 700 West Sioux Avenue, Pierre, South Dakota, on Tuesday, November 30, 1999, at 2:00 p.m. to consider the adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to Marilyn Hanson, Department of Human Services, East Highway 34, c/o 500 East Capitol, Pierre, South Dakota 57501, and must be received by December 10, 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) 773-5990, at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: DIVISON OF INSURANCE: 20:06:33:02 and 20:06:33:03.

History-Notice: 26 SDR 33, August 30, 1999

Hearing: September 27, 1999

Filed: October 25, 1999

Effective: November 14, 1999

DEPARTMENT OF HUMAN SERVICES: DIVISION OF ALCOHOL AND DRUG ABUSE and HUMAN SERVICES CENTER, YANKTON: 46:05:01 to 46:05:21, inclusive and 46:32:01:01 to 46:32:01:14, inclusive.

History-Notice: 26 SDR 29, August 23, 1999

Hearing: September 9, 1999

Filed: October 27, 1999

Effective: November 16, 1999

 

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

11-3-99

Revenue

Non-participating manufacturers of cigarettes make payments to escrow fund; 26 SDR 57.

11-5-99

Game, Fish and Parks: Wildlife Division

Walleye limits on certain lakes; 26 SDR 57.

11-16-99

Secretary of State: Board of Finance

$75 per diem paid recycling and waste management district or water development district board members; 26 SDR 47.

11-18-99

Transportation

Amend speed zones in Minnehaha, Kingsbury, Lincoln, and McPherson Counties; 26 SDR 63.

11-19-99

SD State Cement Plant Commission

Amend retirement plans; 26 SDR 61.

11-22-99

Health

Requirements for amending vital records, increase fees for birth and death certificates, clarify deposit of fees collected by both county and state; 26 SDR 63.

11-30-99

Human Services

Rules relating to Rehabilitation Services, Developmental Disabilities, Developmental Center at Redfield, Human Services Center at Yankton; 26 SDR 63.

12-1-99

Environment and Natural Resources: Water Management Board

Repeal part of the reporting requirement for applying chemical though an irrigation system; 26 SDR 55.

 

Rules Review Committee Meeting

The next meeting of the Interim Rules Review Committee will be held Tuesday, December 14, 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 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.