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.

Chair Smidt noted that the following change should be made to the minutes of the previous meeting. In paragraph seven, delete "Representative McCracken" and insert "Senator McCracken". Senator McCracken moved, seconded by Senator Dennert, that the minutes of the March 21, 2001, meeting be approved as corrected. Motion prevailed on a voice vote.

Department of Commerce and Regulation: Board of Accountancy ? Update incorporations by reference, revise peer review rules.

Ms. Lynn Bethke explained that the rules were simply updating references and publications incorporated by reference and revising peer review rules. They were filed in the Secretary of State's Office on January 16, 2001, and became effective February 5, 2001. Ms. Bethke, who plans to retire soon, introduced her replacement, Ms. Bobbi Barnwell.

Mr. Doug Hofer explained the rules concerning parks and public lands. They were filed in the Secretary of State's Office on February 6, 2001, and became effective February 26, 2001.

Mr. Geroge Vandel and Mr. Dave McCrea summarized the rules concerning hunting and wildlife.

Ms. Sherry Bren summarized the changes in the Appraiser Certification Program rules, which were filed in the Secretary of State's office on March 19, 2001, and became effective April 8, 2001.

A motion was made by Senator Dennert, seconded by Senator Bogue, to approve the rules proposed by the Appraiser Certification Program. Motion prevailed on a voice vote.

Ms. Tina Van Camp explained the changes that allow certain corporations to borrow funds from the APEX program. The rules were filed in the Secretary of State's Office December 15, 2000, and became effective January 4, 2001.

A motion was made by Representative Smidt, seconded by Senator McCracken, to approve the rules proposed by the Governor's Office of Economic Development. Motion prevailed on a voice vote.

Department of Commerce and Regulation: Division of Commercial Inspection and Regulation ? Update the building and fire codes within the state to a more recent edition.

Mr. Dan Carlson and Mr. Paul Merriman explained that these rules update the fire and building codes to the 1997 edition. They were filed in the Secretary of State's Office January 18, 2001, and became effective February 7, 2001.

A motion was made by Representative Lange, seconded by Senator Dennert, to approve the rules proposed by the Division of Commercial Inspection and Regulation. Motion prevailed on a voice vote.

Department of Commerce and Regulation: Commission on Gaming ? $100 bet limits.

Mr. Larry Eliason and Mr. Mike Shaw summarized the rules that comply with passage of Initiated Measure One, which authorized $100 bet limits in Deadwood. The rules were filed in the Secretary of State's Office January 10, 2001, and were effective January 30, 2001.

Office of School and Public Lands ? Regulate paleonotological collection and excavation of vertebrate fossils.

Mr. Barry Jennings and Mr. Bryce Healy said the rules regulate the paleontological collection and excavation of vertebrate fossils on certain school and public lands. The rules were filed in the Secretary of State's office March 5, 2001, and became effective March 25, 2001.

Department of Agriculture: Animal Industry Board ? Testing requirements of cattle and buffalo for brucellosis; official identification upon change of ownership of breeding cattle; clarify publishing a list of diseases required to be reported to the board; states from which cattle must be treated for scabies; nondomestic birds raised in captivity included in poultry regulations; change certifying party for qualified poultry to the board; clarify pullorum testing; add elephants to list of animals requiring possession permits; time frame for initial test by cervid owners; cattle herd owners' participation in Johne's control; and update references to federal regulations.

Dr. Sam Holland summarized the rules proposed by the Animal Industry Board, which were filed in the Secretary of State's Office March 12, 2001, and became effective April 1, 2001.

South Dakota Lottery ? Update rules for Powerball Lottery.

Mr. Lee McCahren and Mr. Clint Harris said the rules were updated to be consistent with rules adopted by the Multi-State Lottery Association Powerball Group. They were filed in the Secretary of State's Office on February 26, 2001, and became effective March 18, 2001.

Department of Commerce and Regulation: Division of Insurance ? Update manuals, exempt insurers writing bonds from certain requirements.

Ms. Naomi Cromwell and Mr. Wendall Malsam reviewed the rules that replace outdated manuals incorporated by reference with the most recent NAIC manual and rules that exempt insurers writing bonds from complying with certain requirements.

Department of Commerce and Regulation: Division of Insurance ? Define formula for calculating refunds.

Ms. Naomi Cromwell and Mr. Randy Moses summarized the rules, which define the calculation methods for pro rata and short rate refunds.

Mr. Doug Decker informed the committee of changes in the rules statute in which an agency must serve the minutes on Rules Review Committee members before the meeting. This will become effective July 1, 2001. Senator Bogue commented that he had not received the minutes of several of the rules that were reviewed today.

Mr. Decker distributed information from the Department of Social Services on their request to delete the list of Medicare-approved transplant centers from the rules and place the list on the Health Care Financing Authority's (HCFA) website, which contains a listing of the approved transplant facilities.

Chair Smidt said that the May 8 meeting will not be held and that the committee will meet via the Dakota Digital Network or telephone conference call later in May.

The committee adjourned at 11:30 a.m.

All Legislative Research Council committee minutes and agendas are available on the South Dakota Legislature's Homepage (http://legis.state.sd.us).