South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., March 20, 2000


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: BOARD OF NURSING: (March 17, 2000) is proposing rules to update the process for licensing procedures and to expand the authority to delegate nursing tasks to unlicensed assistive personnel and the scope of practice for licensed practical nurses. The general authority for these rules, as cited by the board, is SDCL 13-33A-2, 36-9-4.1, 36-9-21, and 36-9-86.

A public hearing will be held at the Westward Ho Country Club, 3100 Sherman Park Road, Sioux Falls, South Dakota, on Thursday, April 27, 2000, at 4:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to the Board of Nursing, 4300 South Louise Avenue, Sioux Falls, South Dakota 57106-3124. Comments will be taken until the close of the public hearing. 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) 362-2760 at least forty-eight hours before the hearing.

DEPARTMENT OF GAME, FISH AND PARKS: (March 17, 2000) intends to adopt rules pertaining to camping permits and fees at Springfield and Lewis and Clark campgrounds, establish a temporary motorcycle park entrance license fee at Custer State Park, establish and modify water safety zones at Sylvan Lake, Legion Lake, and Center Lake in Custer State Park, change the season opening of Custer State Park bighorn sheep season, establish the number of available licenses for the special antlerless elk season in Custer State Park, impose restrictions on Custer State Park bighorn sheep licenses and clarify applications for certain hunting licenses, increase the number of archery antelope licenses in Buffalo County and a portion of Brule County, amend archery deer and archery deer special hunting seasons in certain areas, modify elk hunting season in certain units, remove landowner preference from the mountain goat hunting license and amend the procedure for inspection of harvested mountain goat, establish a new hunting unit, season, and season dates for Black Hills bighorn sheep outside of Custer State Park, amend certain license forms and fees, establish a general muzzle loading deer hunting season in Sully County and increase the number and types of licenses available in certain units, repeal East Oakwood Lake State Waterfowl Refuge in Brookings County, extend the length, times, and duration of the pheasant hunting season in certain areas, extend the length, times and duration of the grouse hunting season in certain areas, and extend the length, times, and duration of the gray partridge hunting season. The general authority for these rules, as cited by the division, is SDCL 41-2-18, 41-6-10, 41-6-18.4, 41-6-19.6, 41-6-21, 41-11-5, 41-17-1.1, 41-17-13, 41-17-13.4, and 42-8-1.1.

A public hearing will be held at the Brookings Inn, 2500 East 6th Street, Brookings, South Dakota, on April 6, 2000, at 2:00 p.m. Copies of the proposed rules may be obtained from and written comments sent to John L. Cooper, Secretary, Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501, and must be received prior to the hearing date. Comments may also be sent by e-mail to E-mail comments must include the commenter's name and address. Persons who have special needs for which the department can make arrangements are asked to call (605) 773-3387, before the hearing.

CORRECTION: On page 119 of the Register, the date of the State Banking Commission hearing has been changed to April 12, 2000.


Administrative Rules:

DEPARTMENT OF TRANSPORTATION: TRANSPORTATION COMMISSION: 70:01:02:03, 70:01:02:05, 70:01:02:06, 70:01:02:09, 70:01:02:38, 70:01:03:25, 70:01:03:27, and 70:01:03:28.

History-Notice: 26 SDR 105, Feb. 7, 2000

Hearing: February 24, 2000

Filed: March 13, 2000

Effective: April 2, 2000


Executive Appointments:

Warren Lotsberg, Huron, was appointed to the State Fair Commission, to replace Stephen Ellwein, effective immediately and to continue until January 1, 2002.

Robert L. Farrell, Rapid City, was appointed to the State Board of Medical and Osteopathic Examiners, to replace G. Robert Bartron, effective immediately and to continue until July 1, 2004.

Supreme Court Order:

A Supreme Court order that was filed with the Secretary of State on March 16, 2000, and is effective July 1, 2000, transfers a judge's position from the Sixth Judicial Circuit to the First Judicial Circuit.


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.






Education and Cultural Affairs: Board of Education

Special education and early intervention policies and procedures consistent with Individuals With Disabilities Education Act; 26 SDR 113.



Speed zones in Brown and Davison Counties; 26 SDR 113.


Social Services

Rules relating to Intermediate Care for the Mentally Retarded or Developmentally Disabled Program and the Home and Community- Based Services Program; 26 SDR 117.



Create a farm operating loan program and allow Value Added Finance Authority to set net worth requirement; 26 SDR 107 and 109.


Social Services

Recovery of Medicaid benefits, limits on attorney fees; 26 SDR 119.


Game, Fish and Parks

Camping permits and fees, park entrance license fees, public water zoning, Custer State Park bighorn sheep and anterless elk season, Custer State Park license restrictions, license applications for archery antelope and archery deer, including special hunting season, elk hunting season, mountain goat hunting season, Black Hills bighorn sheep hunting season, license form and fees, muzzleloading deer hunting season, repeal certain state game refuges, amend pheasant, grouse and gray partridge hunting seasons; 26 SDR 123.


Commerce and Regulation: Division of Insurance

Reduce credit life and health insurance rates; 26 SDR 119.

4 12-2000

Commerce and Regulation: State Banking Commission

Trust company record retention, delete a subsection; 26 SDR 119.


Board of Nursing

Update licensing procedures, expand tasks to unlicensed assistive personnel, scope of practice for LPNs; 26 SDR 123.



Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Wednesday, April 19, 2000, in Legislative Conference Rooms 1 and 2 of the State Capitol, Pierre, starting at 9:00 a.m. The committee chair has set the following tentative meeting schedule for the 2000 interim: June 7, July 11, August 16, September 12, October 18, November 14, and December 12. 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 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