RULES REVIEW COMMITTEE MINUTES

A quorum was determined with the following members answering the roll call: Senators Eric Bogue, H. Paul Dennert, and Royal "Mac" McCracken; and Representatives Gerald Lange, Matthew Michels, and Orville Smidt.

Staff members present included Doug Decker, Code Counsel, and Phyllis Petersen, Senior Legislative Secretary.

All material distributed at the meeting is attached to the original minutes on file in the Legislative Research Council. For the purpose of continuity, these minutes are not necessarily in chronological order.

Department of Game, Fish and Parks ?Pets in state parks, park entrance license required in more areas along Missouri River; remove Peoria Flats from fee area; repeal license exemption at Farm Island; increase temporary entrance fees in Custer State Park; increase camping fees in Custer State Park and other areas within the state park system; change campground names; modify designation, additions, and classifications of certain campgrounds; campers who register at first come, first served sites to occupy immediately; modify, add, and delete water safety zones in certain counties.

Mr. Doug Hofer reviewed changes in park rules. He updated the committee on the land transfer from the Corps of Engineers to the state and said the transfer has been delayed because of a lawsuit. Some of the rules presented today apply to these areas along the Missouri River.

Department of Education and Cultural Affairs: South Dakota Board of Education ? Establish standards and streamline process for alternative teacher certification.

Ms. Marilyn Hoyt and Mr. Elmer Bietz, South Dakota Board of Education, said that these rules are the framework for alternative teacher certification program. The next three steps to the program would be funding for the mentoring program, curriculum development, and a procedures and policy manual written by the Education Department.

Senator Bogue said there is a procedural problem with these rules; LRC has not received the final rules from the department.

Department of Education and Cultural Affairs: South Dakota Board of Education ? Comply with Individuals With Disabilities Education Act, update language to reflect restructuring of early intervention program and the department and address division responsibilities, clarify determination of child eligible for early intervention services.

Ms. Deb Barnett summarized the rules dealing with the early intervention program. Ms. Barb Hemmelman explained that the changes in the rules were necessary in order to comply with the Individuals With Disabilities Education Act.

Secretary of State: Board of Elections ? Standards for counting imperfectly marked ballots and for automatic tabulating system recounts, postal endorsements for certain notices, notice for potential duplicate voter registrations, clarify when information may be added to a petition, add election logo to envelopes, broaden the use of recount certificates, recount petitions for school and municipal ballot question elections, simplify voter instructions.

Mr. Chris Nelson explained the changes in the election rules. The board attempted to make voter instructions easier to understand. The rules also address the issue of imperfectly marked ballots.

Bureau of Administration ? Increase fees for publication of legal notices.

Mr. Leo Disburg explained that the publication fees would increase by 3 percent.

South Dakota Retirement System ? Comply with federal and state laws, improve portability of retirement funds, allow accumulation of retirement funds, eliminate restrictions on accumulation of retirement funds, identify trust requirement for certain retirement funds.

Mr. Wade Hubbard summarized the changes in the retirement system rules.

Department of Commerce and Regulation: Board of Accountancy ? Update references; revise continuing education rules, repeal obsolete rules; change exam certificate and document fees; requirements for out-of-state candidates; clarify disciplinary procedures and conditional status; clarify certificate renewal procedures; update procedures on firm permits; board mailing list provisions; change fee for discipline petitions.

Ms. Bobbi Barnhill outlined the changes in the Board of Accountancy rules.

Department of Commerce and Regulation: Appraiser Certification Program ? Appraisers scope of practice, appraisers bound by competency rule, supervisors of state-registered appraisers must be licensed by department; update references, correct typos.

Ms. Sherri Bren summarized the appraiser rules.

Department of Transportation ? Speed zones in Yankton and Viborg, prohibit parking on road across Ft. Randall Dam.

Mr. Bill Nevin explained the changes in speed zones in Viborg and Yankton (Document 1). He also explained the the parking prohibition on Ft. Randall Dam is a security issue.

Department of Commerce and Regulation: Cement Commission ? Terminate old retirement plans and reestablish new plans.

Mr. Jim Nelson reviewed the cement commission's rules.

Department of Commerce and Regulation: Division of Insurance ? Allow lesser commissions on guarantee issue policies, alter formula for exemption from issuance of guaranteed issue plans.

Mr. Randy Moses presented the changes to the department's rules.

The committee will meet on March 12, 2002, to decide on meeting dates for the 2002 interim.

Mr. Doug Decker distributed copies of draft legislation that would require agencies to send the rules and the minutes of the hearing to the committee at least ten days before the rules meeting (Document 2).

The committee adjourned at 4:00 p.m.