South Dakota Legislative Research Council

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


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

Department of Social Services: (June 21, 2000) intends to adopt rules relating to the child care assistance program. The revisions will amend definitions; clarify and update existing rules; revise participation requirements, eligibility requirements, and payment provisions; establish the minimum work and education hours for certain individuals requesting child care assistance; revise the method of determining whether an individual is incapacitated and unable to care for the individual's child; if a child has special needs, requires additional information that documents the need for special accommodations and before a provider is eligible for a higher rate of reimbursement for caring for the child, require the provider to supply written documentation detailing the additional services being provided; amend the eligibility criteria; allow a standard adjustment to the household's earned income; provide for the redetermination of eligibility and amount of copayment once every six months; establish a limit on the household's copayment; revise the maximum child care hours and service costs recognized by the department; revise the method used by the department to relate to a change in the household's circumstances; clarify that overpayments are subject to recovery by the department; and allow the department to withhold payments under certain circumstances. The general authority for these rules, as cited by the department, is SDCL 28-1-61.

A public hearing will be held on Wednesday, July 26, 2000, at 1:30 p.m., in Conference Room 1, Kneip Office Building, 700 Governors Drive, Pierre, South Dakota. Copies of the proposed rules may be obtained from and written comments sent to Jill Wellhouse, Administrative Rules, Department of Social Services, 700 Governors Drive, Pierre, South Dakota 57501. Ms. Wellhouse may be contacted by telephone at (605) 773-3305. Written comments must relate directly to the changes being proposed and must cite the specific rule number to which the comments are being directed. Material sent by mail must be postmarked by August 5, 2000, to be considered. 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) 773-3305 at least forty-eight hours before the hearing.


Administrative Rules:


History-Notice: 26 SDR 173, June 19, 2000

Hearing: N.A.

Filed: June 22, 2000

Effective: June 22, 2000

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 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.


Social Services

Child care assistance program; 26 SDR 177.


Rules Review Committee Meetings

The next meeting of the Interim Rules Review Committee will be held Tuesday, July 11, 2000, in Room 413 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