State Seal REGISTER

South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., December 7, 1998


A COPY OF EACH REGISTER IS FILED IN THE OFFICE OF THE SECRETARY OF STATE

NOTICES OF PROPOSED RULES: None

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

John R. Waltner, Freeman, was reappointed on November 25, 1998, to the South Dakota Lottery Commission, effective January 1, 1999, and to continue until January 1, 2002.

Administrative Rules:

DEPARTMENT OF AGRICULTURE: AGRICULTURAL SERVICES: 12:05:01:01 to 12:05:01:45, inclusive; 12:05:03:02 to 12:05:03:07, inclusive; 12:05:04:01, :04, :05; 12:05:05:01, 12:05:06:01, :02, :04; 12:05:07:01, :03, :05, :07, :08, :09, :10; 12:05:08:01; 12:05:11:01; 12:05:13:01; 12:17:01:01, :02; 12:17:02:01, :02, :06, :07, :08, :10, :11, :12, :13, :15, :16, :18; 12:17:03:01, :03, :04, :07, :09, :10, :11, :16, :18, :22, :22.01, :22:02; 12:17:04:10, :15, :17, :19; 12:17:05:02, :03; 12:17:06:01, :02, :03; 12:17:07:01; 12:17:10:04.

History-Notice: 25 SDR 56, October 5, 1998

Hearing: November 3, 1998

Filed: November 30, 1998

Effective: December 20, 1998

DEPARTMENT OF GAME, FISH AND PARKS: 41:07:01:03, :13; 41:07:02:05; 41:07:03:01, :02.01, :03; 41:09:04:03, :16.

History-Notice: 25 SDR 47, Sept. 21, 1998

Hearing: October 8, 1998

Filed: December 1, 1998

Effective: December 21, 1998

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF COUNSELOR EXAMINERS: 20:68:01:01 to :04, inclusive; 20:68:02:03, :04; 20:68:03:01 to :04, inclusive; 20:68:04:01 to :03, inclusive; 20:68:05:01; 20:68:06; 20:68:07:01 to :11, inclusive; 20:68:07:13 to :18, inclusive; 20:71:04:02; 20:71:05:01; 20:71:05:03 to :05, inclusive; 20:71:06; 20:71:07, and Article 20:73.

History-Notice: 25 SDR 37, Sept. 8, 1998

Hearing: September 18, 1998

Filed: December 2, 1998

Effective: December 22, 1998

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF INSURANCE: 20:06:39:22

History-Notice: 25 SDR 25, August 24, 1998

Hearing: September 23, 1998

Filed: December 3, 1998

Effective: December 23, 1998

DEPARTMENT OF GAME, FISH AND PARKS: 41:07:03:03 and 41:07:01:12

History-Notice: 25 SDR 65, Oct. 26, 1998

Hearing: November 12, 1998

Filed: December 4, 1998

Effective: December 24, 1998

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF ACCOUNTANCY: 20:37:05:06, 20:37:06:01, :01.01; 20:37:06:08, :09; 20:37:07:05, :07, :08, :08.01, :18, :19, 20:37:13:01.

History-Notice: 25 SDR 65, Oct. 26, 1998

Hearing: November 18, 1998

Filed: December 4, 1998

Effective: December 24, 1998

Supreme Court Rules:

The following Supreme Court Rules are dated November 25, 1998, were filed with the Secretary of State on November 30, 1998, are effective December 30, 1998.

Supreme Court Rule 98-32, "In the Matter of the Amendment of SDCL 15-6-51(a)," Manner of preparation and giving instructions to the jury.

Supreme Court Rule 98-33, "In the Matter of the Amendment of SDCL 15-14-1," Order of proceedings at trial.

Supreme Court Rule 98-34, "In the Matter of the Amendment of SDCL 16-18-20.2," Trust accounting records and procedures.

Supreme Court Rule 98-35, "In the Matter of the Amendment of Rule 1.4 of the Rules of Professional Conduct (Appendix to SDCL 16-18)," Communications.

Supreme Court Rule 98-36, "In the Matter of the Amendment of Rule 7.2 of the Rules of Professional Conduct (Appendix to SDCL 16-18)," Advertising.

Supreme Court Rule 98-37, "In the Matter of the Amendment of Rule 7.5 of the Rule of Professional Conduct (Appendix to SDCL 16-18)," Firm names and letterheads.

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

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REMINDER OF HEARINGS SCHEDULED:

12-10-98

Department of Environment and Natural Resources: Board of Water and Natural Resources

Allow changes in interest rates; reduced interest rates Municipal Pollution Prevention program; affordability criteria; disadvantaged community definition, project priority rating system; priority list bypass procedure; 25 SDR 75.

12-15-98

Department of Social Services

Child Support Enforcement Program; 25 SDR 79.

12-15-98

Department of Education and Cultural Affairs: Board of Education

Increase length of validity for superintendent endorsement; 25 SDR 79.

1-21-99

Department of Transportation: Transportation Commission

Speed zones Pennington, Fall River and Tripp Counties, truck parking in Arlington; 25 SDR 79.

Rules Review Committee Meeting:

The next meeting of the Interim Rules Review Committee will be held December 14, 1998, 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 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 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.