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South Dakota Legislative Research Council

Volume 24 Tuesday, 8:00 a.m., May 26, 1998


NOTICES OF PROPOSED RULES (The date in parentheses is the date the rules were filed in the Legislative Research Council):

Department of Revenue (May 22, 1998) intends to adopt rules to exempt from the motor vehicle excise tax the enrolled members of an Indian tribe who reside on their reservation, reside on trust land controlled by their Indian tribe, or reside on a dependent Indian community controlled by their Indian tribe. The general authority for these rules, as cited by the agency, is SDCL 10-59-19 and 32-5B-15.

Public hearings will be held on July 13, 1998, at 10:00 a.m., in Room 412, State Capitol, Pierre; on July 14, 1998, at 1:00 p.m., in the Conference Room, Wrangler Motor Inn, 820 W. Grand Crossing, Mobridge; and on July 15, 1998, at 1:00 p.m., in the Jury Assembly Room, 4th Floor, Minnehaha County Courthouse, 425 N. Dakota Avenue, Sioux Falls. Written comments may be sent to the South Dakota Department of Revenue, Legal Division/Rules, 445 East Capitol Avenue, Pierre, South Dakota 57501, and must be received by July 25, 1998, to be considered. Copies of the rules may be obtained from the same address. The hearings are being held in physically accessible places. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-4701 at least forty-eight hours before the hearing.

Department of Commerce and Regulation: South Dakota Commission on Gaming (May 22, 1998) is considering the adoption of rules for racing to exclude the reporting requirements of daily attendance from the weekly reports on daily satellite handle and to clarify that no person may employ or harbor any unlicensed person who is required to be licensed; and rules for Deadwood gambling to clarify that all retail licensees shall have at least one licensed employee in full view and control of limited card games or slot machines at the retail premise and to allow, for a contiguous premise operated as a common retail premises, electronic devices or other monitoring equipment to be utilized for supervision if approved by the executive secretary, to establish more precisely the functions of meters in slot machines, to revise the requirements and specifications of bill acceptors in slot machines, to allow the executive secretary to designate individuals who may give approval for access to the interior of slot machines, to revise software requirements for percentage payouts on slot machines and to clarify that the rule does not apply to a series of free games, to clarify that multiple player slot machines that can be played by more than one customer at a time cannot be installed in retail premises unless that licensee has twenty-nine other licensed gaming devices offered for play, to allow the use of a hundred dollar chip and establish its color, to clarify the procedures for accepting checks at cashiers' cages, to revise the rules on the examination of accounting, bookkeeping, and ledger accounts and records in audit procedures, to revise the rules on standard financial statements allowing licensees to submit financial statements to the executive secretary no later than June 1, to increase the dollar amount of manual payouts from jackpots which require commission office notification before awarding jackpots from $12,000 to $50,000, to revise the requirements for hopper reconciliation worksheets to be consistent with and comply with related rules, and to revise and utilize additional sample forms concerning gaming information. The general authority for these rules, as cited by the agency, is 42-7B-7, 42-7B-11, and 42-7B-56.

A public hearing will be held on June 23, 1998, at 9:00 a.m., MDT, at City Hall, 102 Sherman Street, Deadwood. Written comments may be sent to the South Dakota Commission on Gaming, 118 West Capitol Avenue, Pierre, South Dakota 57501-2017, and must be received by June 19, 1998, to be considered. Copies of the rules may be obtained from the same address. The hearing is being held in a physically accessible place. Persons who have special needs for which the agency can make arrangements are asked to call (605) 773-6050 or (605) 578-3074 at least forty-eight hours before the hearing.



Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: DIVISION OF COMMERCIAL INSPECTION AND REGULATION established a safety inspection fee for liquid petroleum gas facilities, ARSD 20:01:05:06; and established standards for use in the safety inspections of bulk liquid petroleum gas facilities, 20:15:06:02.

History--Notice: 24 SDR 136, March 25, 1998

Hearing: April 28, 1998

Filed: May 18, 1998

Effective: June 7, 1998

DEPARTMENT OF HUMAN SERVICES: DIVISION OF DRUG AND ALCOHOL ABUSE defined terms for the drug and alcohol treatment and programming, ARSD 46:05:01:01; established accreditation standards, 46:05:02:01-13; provided guidelines for the governance of agencies, 46:05:03:01-07; established policies on fiscal management, 46:05:04:01-07; adopted personnel requirements, 46:05:05:01-12; required the submission of statistical data, 46:05:06:01; provided for clients' rights, 46:05:07:01-06; required quality of care reviews, 46:05:08:01-04; provided for the collection and maintenance of client case records, 46:05:09:01-13; established standards for medication control in residential programs, 46:05:10:01-06; established standards for dietary services, 46:05:11:01-03; established guidelines for environmental safety and fire prevention, 46:05:12:01-05; outlined requirements for prevention programs, 46:05:13:01-08; outlined requirements for early intervention programs, 46:05:14:01-08; outlined requirements for outpatient services programs, 46:05:15:01-09; outlined requirements for intensive outpatient treatment programs, 46:05:16:01-10; outlined requirements for day treatment programs, 46:05:17:01-11; outlined requirements for clinically-managed residential detoxification programs, 46:05:18:01-13; outlined requirements for level III medically-monitored intensive inpatient treatment programs for adults and adolescents, 46:05:19:01-19; and outlined requirements for level III.1 clinically-managed low-intensity residential treatment programs, 46:05:20:01-10.

History--Notice: 24 SDR 131, March 18, 1998

Hearing: April 9, 1998

Filed: May 21, 1998

Effective: June 10, 1998

Note: A copy of the rules may be obtained directly from the above agencies. Write to the agency at the address given under "Notices of Proposed Rules." There is no charge for proposed rules. The following agencies have permission from the Interim Rules Review Committee to charge for adopted rules: the Division of Insurance, the Cosmetology Commission, the State Board of Examiners in Optometry, the State Plumbing Commission, the Board of Nursing, the Department of Social Services, the State Electrical Commission, the South Dakota Board of Pharmacy, the Real Estate Commission, the Gaming Commission, the Department of Commerce and Regulation for commercial driver licensing, the Department of Labor for Article 47:03, and the Department of Revenue.








Speed limit in McPherson County; 24 SDR 151.


Human Services

Sign language interpreter certification, adjustment training centers; 24 SDR 163.


Game, Fish and Parks

Furbearer season; general muzzle loading deer hunting season; West River prairie deer season; falconer permits; tundra swan season; special Canada goose hunting units; private shooting preserves daily limit; waterfowl hunting season, license fees, and restrictions; Missouri River Refuges; 24 SDR 164.


Social Services

Inpatient hospital charges, prescription drugs, durable medical equipment; 24 SDR 163.


Commerce and Regulation: Board of Examiners of Psychologists

Examination score; 24 SDR 159.





Education and Cultural Affairs: South Dakota Board of Education

Preparation standards for education personnel; 24 SDR 159.


Agriculture: Weed and Pest Control Commission

Declared pests, 24 SDR 163.


Commerce and Regulation: South Dakota Commission on Gaming

Racing, Deadwood gambling, 24 SDR 167.






Motor vehicle excise tax exemptions, 24 SDR 167.


Attorney General: Law Enforcement Officers Standards and Training Commission

Examination, student conduct, fees, curriculum, revocation or suspension of certification; 24 SDR 154.




The next meeting of the Interim Rules Review Committee will be held June 22, 1998, in Rooms LCR 1 and 2, Third Floor, State Capitol, Pierre, starting at 9:00 a.m. Agencies whose rules have had a public hearing are asked to have a representative present at the meeting to give background information on their rules.

Each agency is requested to provide the LRC with nine copies of the most recent draft of its rules two days before the meeting.
























The South Dakota Register, ISSN 0191-1104, is published by the South Dakota Legislative Research Council pursuant to SDCL 1-26A-1. Subscriptions to Volume 24 are $20. Make checks payable to "State of South Dakota" and mail to the Legislative Research Council, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070. Information from the Register is available free of charge on the Internet at