South Dakota Legislative Research Council

Volume 25 Monday, 8:00 a.m., September 28, 1998


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

Department of Commerce and Regulation: Banking Commission (September 21, 1998) is considering rules to reduce the minimum number of board of director meetings required in a banks bylaws without adversely affecting the safety and soundness of the bank. The general authority for these rules, as cited by the department, is SDCL 51A-3-34.

A public hearing will be held at the Division of Banking, 217? West Missouri, Pierre, South Dakota on October 14, 1998, at 10:00 a.m. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Department of Commerce, Division of Banking, 500 East Capitol, Pierre, South Dakota 57501-5070. Material sent by mail must reach the State Banking Commission by October 2, 1998. Persons who have special needs for which the agency can make arrangements are asked to contact the Division of Banking 48 hours in advance of the hearing at (605) 773-3421.

Department of Social Services: (September 24, 1998) is proposing rules to establish the parameters under which the Health Care Financing Administration (HCFA) sets upper limits for multiple source drugs; to prohibit a state Medicaid agency from exceeding these limits for multiple source drugs; and to require HCFA to publish in Medicaid program instructions the list of multiple source drugs for which upper limits have been established, together with any revisions to that list. These limits are effective September 1, 1998. The general authority for these rules, as cited by the department, is SDCL 28-6-1.

Under SDCL 1-36-20, no public hearing is necessary.


Executive Appointments:

Stephen R. Statz, Sioux Falls, was reappointed on September 18, 1998, to the State Board of Pharmacy, effective immediately and to continue until October 1, 2001.



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.





Social Services

Catastrophic County Poor Relief Program; 25 SDR 30.


Labor: Division of Labor and Management

Make workers? comp fee schedule current, change handling of dental, ambulance services, drug claims under schedule, dependents? educational benefits; 25 SDR 29.


Environment and Natural Resources

Requirements for new community and new nontransient noncommunity drinking water systems; 25 SDR 25.


Agriculture: Agricultural Services

Compliance with National Conference of Interstate Milk Shipments, Pasteurized Milk Ordinance and USDA; 25 SDR 29.


Commerce and Regulation: Real Estate Commission

Standards for distance education and independent study courses, revise disclosure requirements, brokerage service agreements; 25 SDR 37.


Game. Fish and Parks

Fish limits in Black Hills Trout Management Area, shore fishing Brule County, close sturgeon season, minimum size panfish in certain lakes, baitfish use restricted, waters open to baitfish, baitfish dealers records, close waters in Codington County to fishing, prohibit culling of fish, conserve and protect walleyes; 25 SDR 47.


Commerce and Regulation: Division of Insurance

Exempt surety insurance contracts from cancellation and refund rules, replaced insurer not liable for coverage after cancellation date, clarify process of cancellation of policy; 25 SDR 43.


Commerce and Regulation: Division of Banking

Reduce minimum number of directors meetings at banks; 25 SDR 51.

Rules Review Committee Meeting:

The next meeting of the Interim Rules Review Committee will be held October 5, 1998, in Legislative Conference Rooms 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 eight 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 25 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