2001 Interim Rules Review Minutes

RULES REVIEW COMMITTEE MINUTES

RULES REVIEW COMMITTEE

Two Hundred Twenty-third Meeting Room 412

Monday State Capitol Building

September 10, 2001 Pierre, South Dakota

The two hundred twenty-third meeting of the Rules Review Committee was called to order by Chair Representative Orville Smidt at 12:30 p.m., September 10, 2001, in Room 412 of the State Capitol, Pierre, South Dakota.

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

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.

Approval of Minutes

Senator McCracken moved, seconded by Senator Bogue, that the minutes of the August 7, 2001, meeting be approved. Motion prevailed on a voice vote.

Rules Reviewed

Department of Commerce and Regulation: Division of Securities ? Allow banks to conduct brokerage activity, repeal certain securities registration provisions and provisions concerning public offerings of securities, require electronic filing of state and federal investment advisers and representatives, and revise exemptions from registration for certain securities.

Mr. Gail Sheppick (via telephone) summarized the changes in the division's rules. In response to a question from Senator Bogue regarding electronic signature fraud protection, Mr. Sheppick said the signed document would always be on file.

Representative Smidt moved, seconded by Representative Lange, to approve the rules proposed by the Division of Securities. Motion prevailed on a voice vote.

Department of Game, Fish and Parks ? Modify Low Plains Middle and North Zones, increase daily and possession limit on certain ducks, remove reference to repealed regulations, modify portions of Dark Goose Units 1 and 2, increase daily limit for certain geese, change zoned waters in Brown, Potter, Roberts, and Clark Counties, allow placement of tree stands in earlier hunting seasons, reduce number of deer licenses in Black Hills deer hunting seasons, fish limits on Reetz Lake, depredation permit pool requirements and selection process.

Mr. George Vandel reviewed the changes in the department's rules.

Representative Lange moved, seconded by Senator McCracken, to approve the rules proposed by the Department of Game, Fish and Parks. Motion prevailed on a voice vote.

Office of Secretary of State ? Change notary public application form, procedures for collecting voter registration information from county auditors, remove duplicate voter registrations, requests and prices for obtaining files for lists from statewide voter registration file.

Ms. Kea Warne explained the changes in the notary public application form, and Mr. Chris Nelson reviewed the changes in voter registration rules.

Senator McCracken moved, seconded by Representative Smidt, to approve the rules proposed by the Office of Secretary of State. Motion prevailed on a voice vote.

Public Utilities Commission: One Call Notification Board ? March board meeting, define duties of chair and secretary/treasurer, permit board to hire or contract duties, functions, and powers, allow excavators to assign emergency tickets.

Mr. Kelly Frazier updated the committee on the changes to the board's rules.

Senator McCracken moved, seconded by Representative Lange, to approve the rules proposed by the One Call Notification Board. Motion prevailed on a voice vote.

Department of Health ? Streamline process of recruiting international medical graduates to South Dakota.

Mr. Kevin Forsch summarized the change to the rules. Mr. Bernie Osberg said these rules would simplify the process of getting doctors to rural areas in South Dakota.

Representative Smidt moved, seconded by Senator McCracken, to approve the rules proposed by the Department of Health. Motion prevailed on a voice vote.

South Dakota Investment Council ? Implement Higher Education Savings Plan.

Ms. Tammy Otten (via telephone) said that South Dakota was one of the last states to implement this type of savings plan. This is a high-growth industry with an average investment of $7,000. Typically, investors are people with children under eight years of age. In response to a question about program interest in South Dakota, Ms. Otten said she expects high utilization.

Representative Smidt moved, seconded by Senator Bogue, to approve the rules proposed by the Investment Council. Motion prevailed on a voice vote.

Department of Commerce and Regulation: Veterinary Medical Examining Board ? Provide for veterinary livestock assistants.

Mr. Dennis Duncan, representing the Veterinary Medical Examining Board, said that legislation passed last session gave the board the power to promulgate rules. Committee discussion ensued concerning the board's statutory authority to promulgate 20:57:05:05 to 20:57:05:07, inclusive.

Representative Smidt moved, seconded by Senator Bogue, to approve 20:57:05:01 to 20:57:05:04, inclusive. Motion prevailed on a voice vote.

Senator Bogue moved, seconded by Representative Lange, to remand 20:57:05:05 to 20:57:05:07,inclusive, for further hearing. Motion prevailed on a voice vote.

Department of Agriculture: Animal Industry Board ? Importing nondomestic animals to be released in South Dakota.

Dr. Sam Holland explained that the rule requires a permit and a veterinary inspection of nondomestic animals to be released in the state. The rule also requires consultation between the Department of Game, Fish and Parks and the Animal Industry Board.

Mr. George Vandel and Mr. Gary Richter from Game, Fish and Parks disagreed with the Animal Industry Board's legal authority in this matter and said the jurisdiction for noncaptive, nondomestic animals should be the responsibility of the Wildlife Division of the Department of Game, Fish and Parks (Document 1).

Mr. Steve Willard, South Dakota Cattlemen, said that landowners had no input into this decision. If an animal is placed on the endangered species list there are great ramifications for landowners.

Senator Bogue moved, seconded by Representative Smidt, to approve the rules as presented by the Animal Industry Board. Motion prevailed on a voice vote.

Department of Agriculture ? Increase farmers' and ranchers' access to capital for investment in cooperatives.

Ms. Teri LaBrea summarized the proposed rule.

Representative Lange moved, seconded by Representative Smidt, to approve the rules as presented by the Department of Agriculture. Motion prevailed on a voice vote.

Department of Agriculture: Value Added Finance Authority ? Authorize additional source of financing for agricultural development.

Ms. Teri LaBrea explained these rules.

Representative Smidt moved, seconded by Representative Lange, to approve the rules proposed by the Department of Agriculture. Motion prevailed on a voice vote.

Department of Commerce and Regulation: Board of Counselor Examiners ? Expand list of qualified supervisors, clarify supervision requirements, add to competency of qualified licensees, increase fees for initial license, renewals, and examination fees, assist licensees in finding continuing education programs, compliance with Code of Ethics.

Mr. Tom Weber apprised the committee of the changes in the board's rules.

Senator McCracken moved, seconded by Senator Bogue, to approve the rules presented by the Board of Counselor Examiners. Motion prevailed on a voice vote.

The Rules Review Committee will hold a telephone conference call at 11:30 a.m. CDT, on September 20, 2001, to hear rules proposed by the Department of Game, Fish and Parks.

Senator McCracken moved, seconded by Senator Bogue, that the committee adjourn. Motion prevailed on a voice vote.

The committee adjourned at 3:30 p.m.

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