South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., September 27, 1999


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

Secretary of State: Board of Finance: (September 24, 1999) is proposing adoption of a rule to set a maximum of $75 that a recycling and waste management district or a water development district may pay its board or commission members as a per diem for each day of actual service, in addition to any travel and subsistence expense the member may receive.

A public hearing will be held in the Governor's Small Conference Room, 2nd Floor, State Capitol, Pierre, South Dakota, on November 16, 1999, at 1:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the Office of Secretary of State, 500 East Capitol Avenue, Pierre, South Dakota 57501, and must be received by 10:00 a.m. on November 16, 1999, to be considered. Comments may also be sent by e-mail to E-mail comments must include the commenter's name and address. Copies of the proposed rules may be obtained on the Internet at This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3537, at least forty-eight hours before the hearing.


South Dakota Commission on Gaming:

The South Dakota Commission on Gaming has filed a Declaratory Ruling with the LRC. The ruling determines that the arcade/café area in the Gulches of Fun building in Deadwood is a separate and distinct building for the purpose of setting the limit on the number of gambling devices that can be placed in the building. The ruling determines that 30 gaming devices can be placed in the arcade/café area, assuming that all other rules and statutes for gaming activity are met.

South Dakota Board of Nursing:

At the meeting of the Board of Nursing on July 15 and 16, 1999, the Board unanimously approved the repeal of two previously issued declaratory rulings. Declaratory Ruling 80-2, dealing with the duties of a Medication Aide to administer certain medications to clients was repealed because subsequent legislation created an exemption for the regulated actions and rendered the rule unnecessary. Declaratory Ruling 88-1, dealing with the scope of nursing practice was repealed because the ruling was inconsistent with the current scope of nursing practice performed by nurses on a regular basis.

Copies of these Rulings may be obtained from the respective regulatory boards or the LRC.


Administrative Rules:

DEPARTMENT OF COMMERCE AND REGULATION: COMMISSION ON GAMING: 20:04:24:44, 20:04:24:45, and 20:18:17:37.

History-Notice: 26 SDR 25, August 16, 1999

Hearing: September 9, 1999

Filed: September 23, 1999

Effective: October 13, 1999


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.



Commerce and Regulation: Division of Insurance

Format for carriers filing access plans; 26 SDR 33.


Commerce and Regulation: Board of Social Work Examiners

Candidates for CSW-PIP licensure to file supervision agreements, clarify requirement for licensure, define criteria for supervision; 26 SDR 9.


Agriculture: State Brand Board

Increase brand renewal fee, eliminate duplicate copies of bill of sale; 26 SDR 33.


Commerce and Regulation: Board of Funeral Services

Enable Board of Funeral Service to regulate crematories; 26 SDR 17.


Game, Fish and Parks

Custer State Park entrance license and camping permit fees, elk depredation hunt, possession of uncased firearms in fishing access area in Moody County, use of artificial lights while fishing, fishing limits on Minnesota, Nebraska, and Iowa boundary waters, fishing regulations on special management waters, snagging paddlefish, archery tags for paddlefish, change area for use of hoop nets and setlines on Cheyenne River; 26 SDR 43.


Secretary of State

Implement Constitutional Amendment E; 26 SDR 43.


Secretary of State: Board of Finance

$75 per diem paid recycling and waste management district or water development district board members; 26 SDR 47.

Rules Review Committee Meeting

The next meeting of the Interim Rules Review Committee will be held Tuesday, October 19, 1999, 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 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 26 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