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 Teri Retrum, 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 ? Define anterless elk, fee for lists of license holders, fall turkey hunting season, west river turkey units licenses and exceptions, east river turkey units number of licenses, west river prairie deer season, daily and possession limit for nonresident family fishing license, release of birds in shooting preserves, and remove prairie dog from status of pest.

Mr. Doug Hansen summarized the changes in the department's rules.

Department of Game, Fish and Parks ? Postdating of fishing and hunting licenses, park entrance license exemptions, clarification of temporary nonresident waterfowl licenses, East River deer hunting season changes, antelope hunting season changes, modify dates for youth waterfowl hunting season, add units and dates for early fall Canada goose hunting season, clarify methods for aerial hunting, changes regarding private hunting preserves.

Mr. Doug Hansen reviewed the changes in the department's rules.

Department of Game, Fish and Parks ? Emergency Black Hills deer hunting season.

For informational purposes, Mr. Hansen apprised the committee of rules creating an emergency deer hunting season.

Department of Education and Cultural Affairs: South Dakota Board of Education ? Certify university faculty who teach courses on Digital Dakota Network.

Ms. Janelle Toman reviewed the rules relating to certification of university faculty who teach courses on the Dakota Digital Network.

Department of Education and Cultural Affairs ? Define terms used in HB 1258, establish the Excess General Fund Oversight Board, establish policies for uniform and timely submission of student record form and personnel data.

Secretary Ray Christiansen summarized the rules proposed by the Department of Education and Cultural Affairs.

The Department may file the rules without recommendation from the Interim Committee.

Department of Social Services ? Medical Eligibility - CHIP-NM (Informational).

On behalf of Ms. Jill Wellhouse, and for informational purposes, Mr. Decker distributed a document regarding non-Medicaid Children's Health Insurance Program (Document 1).

Department of Environment and Natural Resources ? Allow water quality grant for SRF projects and repeal groundwater research and public education grants.

Mr. Mike Perkovich explained the proposed rules.

Department of Environment and Natural Resources ? Update hazardous waste rules.

Ms. Carrie Jacobson updated the committee on the hazardous waste rules.

Department of Agriculture and Department of Game, Fish and Parks ? Remove prairie dog from status of pest.

Note: This rule change was included in the presentation by Mr. Hansen from the Department of Game, Fish and Parks.

Department of Agriculture: Animal Industry Board ? Brucellosis vaccination requirements, animal disease emergency procedures.

Dr. Thomas Cline, Assistant State Veterinarian, briefed the committee on changes to the Board's rules.

Department of Transportation ? Amend speed zones in Brown, Charles Mix, Hamlin, Lincoln, and Union Counties.

Mr. Bill Nevin apprised the committee of the changes in speed zones.

Department of Commerce and Regulation: Real Estate Commission ? Provisions for prelicensing and continuing education, standards for home inspectors, and make rules conform to statutes.

Mr. Larry Lyngstad summarized the changes in the Real Estate Commission's rules.

Department of Commerce and Regulation: Gaming Commission ? Prohibit licensed employees of a satellite facility from wagering at place of employment, adopt variations of blackjack and poker, slot machine specifications, make rules uniform following implementation of $100 bet limits, update rules to current practices, provide for $2.50 chips, destruction of discontinued tokens, allow digital video recorders in surveillance systems.

Mr. Larry Eliason, Mr. Mike Shaw, and Mr. Craig Sparrow (via telephone) summarized the Gaming Commission rules.

Department of Commerce and Regulation: Board of Examiners of Psychologists ? Minimum score on written exam.

Ms. Wendy Kloeppner said the proposed rules change the minimum score on the written exam to the score set by the National Association.

Department of Commerce and Regulation: Board of Pharmacy ? Renewal fees for pharmacists.

Mr. Dennis Jones and Mr. Bob Coolidge explained the change in the fee for license renewal.

Department of Human Services ? Financial eligibility for receiving state funded mental health services.

Ms. Betty Oldenkamp reported that the Department of Human Services held another hearing on the department's proposed change to the guidelines for financial eligibility for mental health services. Ms. Oldenkamp said that public notice was posted, and interested parties were notified of the rehearing. She said that the issue has generated honest differences in philosophy among all concerned. Ms. Oldenkamp said that it is the intent of the department to stay within one hundred eighty-five percent of the poverty level in its means testing for mental health services. Ms. Oldenkamp said that the process will not be burdensome for those requesting services and that there are appeal provisions.

Ms. Susan Randall, South Dakota Coalition for Children, expressed opposition to the changes proposed by the Department of Human Services. She said that the state should not impose a litmus test in order to receive mental health services. Ms. Randall said that the one hundred eighty-five percent of poverty cap is too low; the department should consider three hundred percent of poverty. She said that the state would save money in the long-term if it invested in early intervention. Ms. Randall said that there is a place for means testing but not in this instance.

Mr. Jay Newberger, Sioux Falls, South Dakota, presented anecdotal and factual information in opposition to any changes to the guidelines for financial eligibility for mental health services.

Ms. Carol Robertson, South Dakota Family Economic Project, testified that the federal policy guidelines are inaccurate and are set too low. She urged the committee not to "put barriers in front of families who need services."

Ms. Deb Kuhler, South Dakota Coalition for Children, said that providing mental health services without a means test is very important and encouraged the committee not to impose such a means test on families that need mental health services.

Mr. Terry Dosch, South Dakota Council of Mental Health Centers, expressed opposition to the proposed changes. He said that early detection results in a better prognosis. Mr. Dosch said that reverting to a means test in order to receive mental health services is regressive.

Senator Paul Dennert expressed concern that reverting to a means test in order to receive mental health services would render those services cost-prohibitive to some of the people in need.

Representative Gerald Lange said that the minimal cost involved in providing mental health services and early intervention to those in need is worth the effort.

Mr. Decker explained the process involved in dealing with a tie vote in this instance.

After brief committee discussion, staff explained that the Department may file the rules without recommendation from the Rules Review Committee.

Department of Commerce and Regulation: Cosmetology Commission ? Increase fees for certain licenses, update and clarify safety and sanitation procedures, update requirements for license applications, update curriculum requirements, and update the approved textbooks.

Ms. Sue Monge explained the rules proposed by the Cosmetology Commission.

Department of Commerce and Regulation: Board of Nursing ? Update process for issuing temporary nursing permits and clarify circumstances for delegating medication administration.

Ms. Carey Duffy discussed the nursing rules via telephone.

The Rules Review Committee will hold its next meeting on September 10, 2001, beginning at 12:30 p.m., in Room 413 of the State Capitol.

The committee adjourned at 2:30 p.m.