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 Matthew Michels and Orville Smidt. Representative Gerald Lange was excused.

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 ? Baitfish use restricted; no fishing zones; removal of ice fishing shelters; fish limits on inland waters; fish limits on Lynn Lake, Enemy Swim Lake, Murdo City Lake, Murdo Railroad Dam, Lakes Albert, Brant, Herman, Madison, Island, Sinai, Fox and West Highway 81/Twin Lakes complex; a "catch and release" fishing zone for anglers age 16 and older and a daily limit of 5 for anglers under age 16 at Snake Creek Pond in Charles Mix County; establish time when archery fishing of paddlefish is permitted below Gavins Point Dam; size restrictions in Mud Creek below Amsden Lake; fish limits on Lake Oahe; snowmobile permits.

Mr. Doug Hofer reviewed the rules that establish a commercial snowmobile permit for operation of rented snowmobiles on state trails. Mr. Dennis Unkenholz summarized the rules on fishing.

Department of Commerce and Regulation: Public Utilities Commission ? Make motor carrier rules conform to state and federal law.

Mr. Jim Burg summarized the motor carrier rules.

Office of Attorney General: Division of Criminal Investigation ? Allow taking alternative biological samples, who may take samples, procedures involved.

Ms. Pat Archer explained the changes in the rules.

Department of Social Services ? Homemaker, respite care, personal care and alternative care services, Home- and Community-Based Waivered Services (HCBWS), and level of care by a medical review team.

Ms. Jill Wellhouse summarized the rules and distributed an explanation of the revision of 67:44:03:11, saying this change reflects the current method of reimbursement (Document 1).

Representative Jean Hunhoff, Avera Sacred Heart, is not opposed to this rule change.

Department of Social Services ? Allow department to continue providing TANF assistance beyond 60-month limit under hardship provisions.

Department of Social Services ? Increase amount allowed for utilities when computing food stamp household's shelter expenses.

Department of Social Services ? Diabetes education services for eligible persons.

Ms. Jill Wellhouse summarized the changes in the rules concerning food stamps, TANF and diabetes education.

Department of Commerce and Regulation: Electrical Commission ? Change effective date to July 1, 2002.

Mr. Ron Nagle said the rule changes the effective date in a part of the "National Electrical Code" from January 1, 2002, to July 1, 2002.

Department of Health ? Conform to current health and safety standards in medical facilities, control Legionella with higher water temperatures; permit facilities to develop tuberculosis testing policies relative to population risk; clarify limitations of unlicensed staff; remove certain requirements regarding medications; ensure adult foster care clients receive necessary services; define requirements for in-patient chemical dependency treatment facilities.

Department of Health ? Update definitions, update list of Category I and II reportable diseases and reporting procedures for such diseases, update references.

Mr. Kevin Forsch outlined the changes in the Health Department's rules (Document 2). He provided the committee with a corrected copy of 44:20:01:03. Subdivision 21 was omitted in a previous set of rules (Document 3).

Department of Environment and Natural Resources ? Amend the consolidated water facilities construction program, state water pollution control revolving fund program, solid waste management program, drinking water state revolving fund program.

Mr. Dave Ryan and Mr. Mike Perkovich explained the changes in the various programs administered by the department.

Department of Commerce and Regulation: Gaming Commission ? Eliminate requirement that coin or token acceptors be installed in slot machines, coin acceptors must be able to detect metal composition, eliminate 20-coin limit on slot machines, clarify that game may be cleared by attendant or by the game itself after displaying errors.

Mr. Larry Eliason and Mr. Mike Shaw said the rules reflect changes in technology.

Department of Commerce and Regulation: Board of Chiropractic Examiners ? Define manipulation/mobilization and committee; requirements for declaratory rulings; application for examination, license reciprocity, duplicate certificates and licenses; continuing ed courses; update code of ethics and establish committee, acceptable advertising, comply with statute concerning healthcare corporations, procedures for disciplinary actions, establish disciplinary committee, update actions that warrant sanctions, increase fee for certificate of registration and provide continuing education for radiography, define negative peer review, set fees for peer review.

Mr. Brad Zell reviewed the board's rules.

Department of Human Services ? Appeal and hearing process for interpreters, number of evaluators on review panel, endorsement process, increase fee for certification.

Mr. Grady Kickul presented the changes to the department's rules.

Department of Labor ? Clarify "approved training" for unemployment purposes, update references.

Mr. Bill Molseed and Ms. Marcia Hultman summarized the Department of Labor rules.

State Investment Council ? Requirements to guide council in investment in certificates of deposit.

Mr. Chris Huisken and Ms. Tammy Otten (via telephone) presented the changes to the Investment Council rules concerning investment in certificates of deposit.

Department of Commerce and Regulation: Joint Board of Nursing and Board of Medical and Osteopathic Examiners ? Eliminate conflicting license expiration cycles and update licensure education requirements.

Ms. Diana VanderWoude (via telephone) explained the changes in the Joint Board of Nursing and Board of Medical Osteopathic Examiners rules.

The committee will meet again on January 7, 2002, at 1:30 p.m. in Room 413 of the State Capitol.

The committee adjourned at 6:35 p.m.