State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., November 22, 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: State Electrical Commission: (November 15, 1999) is considering a rule to make more individuals available to do electrical inspections for residential dwellings and non-commercial farmsteads. The general authority for this rule, as cited by the commission, is SDCL 36-16-12.

A public hearing will be held at the Cedar Shores Resort, Chamberlain, South Dakota, on December 16, 1999, at 1:00 p.m. (CST) to consider the adoption of the proposed rule. Copies of the proposed rule may be obtained from and written comments sent to the South Dakota State Electrical Commission, 118 West Capitol, Pierre, South Dakota 57501, and must be received by December 14, 1999, to be considered. Persons who have special needs for which the commission can make arrangements may call 1-800-233-7765 at least twenty-four hours before the hearing.

Office of School and Public Lands: November 17, 1999) is proposing rules to regulate the exchanges of certain School and Public Lands with private lands. The general authority for these rules, as cited by the office, is SDCL 5-3-7.

A public hearing will be held in Legislative Conference Room 2, Third Floor, State Capitol, Pierre, South Dakota, on December 9, 1999, at 10:00 a.m. to consider the adoption of the proposed rules. Written comments may be sent to the South Dakota Office of School and Public Lands, State Capitol, 500 East Capitol, Pierre, South Dakota 57501, and must be received by December 20, 1999, to be considered. Copies of the proposed rules may be obtained from the South Dakota Office of School and Public Lands, c/o deHueck Law Office, 117 South Pierre Street, Pierre, South Dakota 57501. This hearing is being held in a physically accessible place. Persons who have special needs for which the office can make arrangements may call (605) 773-3303 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: Division of Securities: (November 19, 1999) intends to adopt rules to require certain licensing requirements for investment advisers and investment adviser representatives including books and records, disclosure, bonding requirements, and minimum financial requirements. The general authority for these rules, as cited by the department, is SDCL 47-31A-412.

A public hearing will be held in the 2nd Floor Conference Room of the Commerce Building, 118 West Capitol, Pierre, South Dakota, on December 28, 1999, at 1:00 p.m. to consider the adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Division of Securities, 118 West Capitol, Pierre, South Dakota 57501-2000. The division will accept written comments for ten days after the hearing. This hearing is being held in a physically accessible place. Persons who have special needs for which the division can make arrangements may call (605) 773-4823 at least forty-eight hours before the hearing.

Department of Transportation: (November 22, 1999) intends to adopt rules to amend speed zones in Minnehaha, Yankton, Clay, McCook, and Sanborn 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, Pierre, South Dakota, on January 27, 2000, at 9:05 a.m. 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, 700 East Broadway, Pierre, South Dakota 57501-2586. Material sent by mail must reach the Department of Transportation by January 26, 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 may call (605) 773-3265 at least forty-eight hours before the hearing.

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

None:

FILINGS IN THE SUPREME COURT OF SOUTH DAKOTA:

The following were appointed by Chief Justice Robert A Miller, as presiding judges of the judicial circuits, effective July 1, 2000:

First Circuit: The Honorable Arthur L. Rusch

Second Circuit: The Honorable Judith K. Meierhenry

Third Circuit: The Honorable Rodney J. Steele

Fourth Circuit: The Honorable Warren G. Johnson

Fifth Circuit: The Honorable Eugene E. Dobberpuhl

Sixth Circuit: The Honorable Steven L. Zinter

Seventh Circuit: The Honorable John E. Fitzgerald

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

11-22-1999

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.

11-30-1999

Human Services

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

12-1-1999

Environment and Natural Resources: Water Management Board

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

12-1-1999

Bureau of Administration

Increase initial purchase cost of public personal property requiring inventory from $1,000 to $5,000 and set fees charged by newspapers for legal publications; 26 SDR 67.

12-2-1999

Commerce and Regulation: Board of Accountancy

Define initial and reexam applicants, increase exam fees, clarify procedures for disability requests, clarify CPA and PA designation, procedure for admission of exam candidate, clarify professional ethics rules, update references; 26 SDR 67.

12-3-1999

South Dakota Lottery

Update Powerball Lottery rules to be consistent with Multi-state Lottery Association rules; 26 SDR 73.

12-6-1999

Health

Operation of diagnostic radiation equipment; 26 SDR 71.

12-6-1999

Health

Critical access hospitals, standards of health, safety and sanitation in nursing and assisted living centers; Adult Foster Care; 26 SDR 72.

12-7-1999

Bureau of Personnel: Career Service Commission

Selection, recruitment, and promotion of career service employees; 26 SDR 71.

12-9-1999

SD Commission on Gaming

Deadwood gambling prohibit licensees from gambling at their place of employment; slot machine rules consistent with current practices and procedures; racing rules comply with model rules on racing; make pari-mutuel racing more secure; 26 SDR 73.

12-9-1999

School & Public Lands

Regulate exchanges of School and Public Lands with private lands; 26 SDR 77.

12-16-1999

Commerce and Regulation: Electrical Commission

Create more electrical inspectors for residential dwellings and non-commercial farmsteads; 26 SDR 77.

12-28-1999

Commerce and Regulation: Division of Securities

Licensing requirements for investment advisers and adviser representatives; 26 SDR 77.

1-27-2000

Transportation

Amend speed zones in Minnehaha, Yankton, Clay, McCook, and Sanborn Counties; 26 SDR 78.

 

 

 

 

 

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.