South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., June 19, 2000


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

Department of Game, Fish and Parks: (June 13, 2000) is proposing rules to remove county treasurers from appointment of agents and sales and distribution of department licenses and clarify how agents may be terminated; provide that nonresident licenses may be sold prior to January 1st and extend their validity; open an antelope hunting season and hunting unit in Corson County, establish number and types of licenses and tags available in each of the applicable units, and restrict licenses to residents only; establish East River Deer hunting season number and types of licenses and tags available in the applicable units; modify the bag limit for ducks and Canada geese during the youth waterfowl hunting season; change the name of the early fall Canada goose hunting season where applicable, create separate units within the area open to hunting, establish season dates for the applicable units, permit nonresidents to hunt in certain areas within the unit open to hunting, and add certain counties to the applicable units; restrict certain persons from entering public water access areas during certain times and prohibit nontoxic shot from being used in target shooting in areas designated as public water access areas; require date of purchase and validation period for a three-day fishing license be noted on the license and restructure the section to clarify intent; clarify that use of nontoxic shot is prohibited in areas designated as public water access areas and repeal the duplicative regulation; expand an exemption which permits hunting certain animals from a vehicle, and prohibit use of cell phones in the hunting of certain animals; modify plumage and packaging requirements in the possession, placement in public storage, transportation, or acceptance for shipment of game birds. The general authority for these rules, as cited by the division, is SDCL 41-2-18, 41-6-21, 41-11-5, 41-14-7. and 41-17-1.1.

A public hearing will be held at the National Guard Armory in DeSmet, South Dakota, on Thursday, July 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.

Department of Social Services: (June 15, 2000) intends to adopt a rule under authority of the Food Stamp Act of 1977 which will update for Fiscal Year 2000 the maximum food stamp allotment levels which a household is eligible to receive and update the maximum gross and net income which a household may receive and be eligible for food stamps. The effective date for the provisions is October 1, 1999. These are mandatory changes which must be implemented by the state of South Dakota as a condition for participating in the Food Stamp Program. The general authority for this rule, as cited by the department, is SDCL 28-12-1.


NOTICE: The South Dakota Lottery is ending instant ticket game number 122 ? Instant Battleship. The last day that prizes will be paid for the game is December 2, 2000.


Administrative Rules:

SOUTH DAKOTA LOTTERY: 48:03:12:01 to 48:03:12:03, inclusive.

History-Notice: 26 SDR 153, May 15, 2000

Hearing: June 2, 2000

Filed: June 12, 2000

Effective: July 2, 2000

DEPARTMENT OF GAME, FISH AND PARKS: 41:04:05:13, 41:04:05:14; 41:06:10:01 to 41:06:10:04, inclusive; 41:06:16:07; 41:06:16:08, 41:06:16:09.01, 41:06:16:11; 41:06:19:04; 41:06:19:06; 41:06:36:01.02, 41:06:36:02; 41:06:36:02.01; 41:06:36:02.02; 41:06:44:02

History-Notice: 26 SDR 139, April 17, 2000

Hearing: May 4, 2000

Filed: June 14, 2000

Effective: July 4, 2000

DEPARTMENT OF COMMERCE AND REGULATION: BOARD OF NURSING: 20:48:01:01; 20:48:03:11; 20:48:03.01:01; 20:48:04:01; 20:48:04:02; 20:48:04:02.01; 20:48:04:02.02; 20:48:04:02.03; 20:48:04:02.04; 20:48:04:05; 20:48:04:06; 20:48:04:07; 20:48:04.01:01 to 20:48:04.01:08, inclusive; 20:48:04.01:10; 20:48:04.01:11; 20:48:04.01:12; 20:48:04.01:15; and 20:48:04.02:03

History-Notice: 26 SDR 123, March 20, 2000

Hearing: April 27, 2000

Filed: June 14, 2000

Effective: July 4, 2000

Executive Appointments:

Nancy K. Miller, Ft. Thompson, was appointed on June 12, 2000, to the Board of Tourism to replace Marlys Porter, effective immediately, and to continue until July 1, 2001.

Francene Spies, Watertown, was appointed on June 13, 2000, to the Board of Tourism, to replace Charles Redlin, effective immediately, and to continue until July 1, 2003.

The following were reappointed on June 13, 2000, to the Board of Tourism, effective immediately, and to continue until July 1, 2004:

Patricia A. Thompson, Huron

Dave Geisler, Murdo

Lois M. Davis, Rapid City

Robert Abbot, Sioux Falls


The Otter Tail Power Company has filed a ten-year plan with the South Dakota Utilities Commission according to the Commission's rules governing energy facility plans.


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.




Real Estate Commission

License application procedures, renewal requirements, application and renewal fees for rental agents; education requirements, license application procedures, renewal requirements, license application and renewal fees, disciplinary procedures and standards of practice for home inspectors; errors and omissions for insurance providers; 26 SDR 157.



Assessing officers certification, 2000 version of property appraisal handbook, notify property owners of change in status of property, market analysis of property, status of non agricultural acreage, issuance of statewide sales tax permits criteria, records maintenance and auditing procedures of telecommunication access fees consistent with those of sales tax; 26 SDR 157.


Commerce and Regulation: Division of Securities

Registration requirements broker-dealers, broker-dealer agents and agents of the issuer; requirements for books and records and financial requirements; rules of conduct; 26 SDR 149.


Commerce and Regulation: Division of Insurance

Requirements in notices when insurers transfer policyholders to another insurer; 26 SDR 161.


Commerce and Regulation: Division of Insurance

Individual and group health plans required to cover breast reconstructive surgery; 26 SDR 167.


Game, Fish and Parks

Licensing agents; license validity; antelope hunting season; East River deer hunting season; youth waterfowl hunting season; early fall Canada goose hunting season; uses of parks and public lands; fishing license forms and fees; prohibit nontoxic shot; transportation of game; 26 SDR 173.


Environment and Natural Resources: Board of Minerals and Environment

Facilities generating, transporting, treating, storing, or disposing of hazardous wastes comply with rules; 26 SDR 147.


Social Services

Define terms, requirements for medical review team assigning person to nursing facility, adult foster care, or assisted living; criteria for assisted living special services; annual reviews of persons in foster care; prohibit reimbursement in certain instances; 26 SDR 167.


Social Services

Define "categorical eligibility" and list of conditions to be eligible for Food Stamp Program; 26 SDR 167.

Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Tuesday, July 11, 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: 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