South Dakota Legislative Research Council

Volume 27 Tuesday, 8:00 a.m., October 10, 2000


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

Department of Human Services: (October 4, 2000) intends to update rules relating to the South Dakota Developmental Center at Redfield to accurately reflect statutory changes and to make language in the rules consistent with statute; amend the appeal procedure to reflect the fair hearing process; and adopt a new rule reflecting the communication process between consumer, parent, guardian, and SDDC-R. Rules for the Division of Developmental Disabilities will update references to reflect new statutory code; delineate between the Departments of Social Services and Human Services; change the requirement for annual reviews of individuals in nursing homes with mental retardation, developmental disabilities, or mental illness; adopt rules to establish eligibility and requirements for family support and respite care services; amend the repeal procedure rules; revise the survey for compliance rule to reflect future practice and implementation; specify compliance requirements and certification effectiveness; specify limitations imposed on adjustment training centers on probation; protect consumer and families rights; provide appeal process to an applicant for services; guarantee due process whenever a consumer's right is restricted; provide for review and approval by parent or guardian of restrictive procedures; clarify requirements for staff training; update safety and sanitation requirements for facilities; monitor incidents involving consumers and implement preventive measures; and increase the minimum requirements of training from 8 hours to 20 hours. The general authority for these rules, as cited by the department is SDCL 27B-2-25, 27B-2-26, and 36-9-28.

A public hearing will be held on October 27, 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 Marilyn Hanson, Department of Human Services, East Highway 34, c/o 500 East Capitol, Pierre South Dakota 57501, and must be received by November 6, 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) 773-5990 at least forty-eight hours before the hearing.


The South Dakota Commission on Gaming has issued a declaratory ruling relating to B.Y. Development, Inc. The Commission was asked to determine if a proposed new structure located on main street Deadwood would constitute six separate buildings for the purpose of determining the number of gaming devices that can be placed within each building. After considering the evidence and the testimony, the Commission determined that the new building will be considered to be six separate and distinct buildings and that thirty gaming devices can be placed within each building.

The complete Declaratory Ruling dated September 28, 2000, is on file in the office of the LRC. It may be reviewed or copied at anytime during normal business hours.


Executive Appointment:

Andrea L. Sheehan, Pierre, was appointed September 20, 2000, to the State Fair Commission, to replace Howard Kennedy, effective immediately and to continue until September 1, 2002.

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.






Game, Fish and Parks

Use and possession of minnows and baitfish, bait dealer's license possession, liberalized fishing in certain bodies of water, agreements with Nebraska and Iowa, size limitation of fish on Missouri River, prohibit high-grading of fish on SD-MN boundary waters, fish limits on special management waters, add areas of spear fishing, modify Lake Oahe walleye limits and size restrictions, smelt taken by hook and line on Missouri River, special fishing licenses on Lake Oahe; 27 SDR 31.


Office of Economic Development

Profit and nonprofit development corporations borrow funds from APEX program; 27 SDR 29.


Attorney General

Update traffic ticket forms; 27 SDR 25.


Commerce and Regulation: Division of Insurance

Update general authority and law implemented references, update manuals incorporated by reference, federal requirements for Medicare supplement insurance policies; 27 SDR 25.


Environment and Natural Resources

Operator certification requirements comply with EPA guidelines; 27 SDR 31.


Human Services

Update rules relating to the SD Developmental Center at Redfield and for the Division of Developmental Disabilities; 27 SDR 39



Health and safety standards in medical facilities, repeal rules permitting emergency supplies of controlled substances and rules regarding alcohol and drug abuse treatment facilities; 27 SDR 35.


Attorney General: Law Enforcement Officers Training Commission

12-week training course, increase fee, officer with prior felony arrest; 27 SDR 35.

Rules Review Committee Meetings

The October 18th meeting of the Interim Rules Review Committee has been canceled. The committee will meet on Tuesday, November 14, 2000, in Room 413 of the State Capitol, Pierre, starting at 9:00 a.m. The committee chair has tentatively set the December meeting for the 12th. 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 27 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