SOUTH DAKOTA

REGISTER Published weekly by the Legislative Research Council

Volume 47 Monday, 8:00 a.m., November 23, 2020

FILINGS WITH THE LEGISLATIVE RESEARCH COUNCIL

Notice of Proposed Rules

Date in parentheses indicates when rules were filed with the Legislative Research Council.
Copies of proposed rules may be obtained for no charge at https://rules.sd.gov or from the agency directly.

South Dakota Commission on Gaming (Department of Revenue): (November 17, 2020) intends to amend a rule to add
Dakota Duel Draw to the types of poker authorized for play in Deadwood and to adopt a rule to authorize the game as a
variation of poker. The general authority for these rules, as cited by the commission, is SDCL 42-7B-4 and 42-7B-7.

A public hearing will be held December 16, 2020, at 9:00 a.m. MT in the Deadwood City Hall, 102 Sherman Street,
Deadwood, South Dakota. Written comments may be sent to and copies of the proposed rules obtained without charge
from the South Dakota Commission on Gaming, 87 Sherman Street, Deadwood, South Dakota, 57732. Comments may be
sent by email to susan.christian@state.sd.us. Copies of the proposed rules are also available online at https://rules.sd.gov.
The comment period will close on December 11, 2020. This hearing is being held in a physically accessible location.
Persons with special needs for which the Commission can make arrangements may call (605) 578-3074 at least 48 hours
before the public hearing.

Petition for Rules

The South Dakota Commission on Gaming (Department of Revenue) on November 16, 2020, served a petition the
Commission received from an interested person, per SDCL 1-26-13, to repeal a rule prohibiting the use of electronic
communication devices at licensed gaming tables (ARSD 20:18:12.01:18). For the second time, the Commission denied
the petition, saying the rule was implemented to maintain the integrity of gaming and mitigate the chance of foul play or
cheating. The petitioner has appealed the action. An administrative hearing will be held December 16, 2020, at 9:00 a.m. MT
in the City Commission Chambers, Deadwood City Hall, 102 Sherman Street, Deadwood, South Dakota.

FILINGS WITH THE OFFICE OF THE SECRETARY OF STATE

Final Administrative Rules

SOUTH DAKOTA ATHLETIC COMMISSION (DEPARTMENT OF LABOR AND REGULATION): 20:81:02:03; 20:81:05:14.

History/Notice: 47 SDR 30, September 8, 2020

Hearing: October 2, 2020
Filed: November 13, 2020
Effective: December 3, 2020

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SOUTH DAKOTA DIVISION OF INSURANCE (DEPARTMENT OF LABOR AND REGULATION): 20:06:10:08.03;

20:06:39:34.01, 20:06:39:34:02; 20:06:40:02; 20:08:07:43.

History/Notice: 47 SDR 45, October 5, 2020

Hearing: October 20, 2020
Filed: November 16, 2020
Effective: December 7, 2020

CIVIL SERVICE COMMISSION (BUREAU OF HUMAN RESOURCES): 55:09:04:05.

History/Notice: 47 SDR 47, October 13, 2020

Hearing: October 28, 2020
Filed: November 18, 2020
Effective: December 8, 2020

DEPARTMENT OF GAME, FISH AND PARKS: 41:03:04:01, 41:03:04:03.

History/Notice: 47 SDR 33, September 14, 2020

Hearing: October 1, 2020
Filed: November 19, 2020
Effective: December 9, 2020

SOUTH DAKOTA BANKING COMMISSION (DEPARTMENT OF LABOR AND REGULATION): 20:07:10:02, 20:07:10:03;
20:07:22:04.

History/Notice: 47 SDR 40, September 28, 2020

Hearing: October 29, 2020
Filed: November 19, 2020
Effective: December 9, 2020

SOUTH DAKOTA BOARD OF EDUCATION STANDARDS (DEPARTMENT OF EDUCATION): 24:28:01:01; 24:28:02:02;

24:28:03:01, 24:28:03:03, 24:28:03:04; 24:28:05:01, 24:28:05:07; 24:28:06:01; 24:28:07:02, 24:28:07:09, 24:28:07:10;
24:28:09:01, 24:28:09:04, 24:28:09:05, 24:28:09:23, 24:28:09:38, 24:28:09:38.01, 24:28:09:39, 24:28:09:42, 24:28:09:43,
24:28:09:44; 24:28:11:02, 24:28:11:07, 24:28:11:08, 24:28:11:09, 24:28:11:10; 24:28:12:02, 24:28:12:07, 24:28:12:08,
24:28:12:10, 24:28:12:11; 24:28:13:02, 24:28:13:07, 24:28:13:08, 24:28:13:09, 24:28:13:10; 24:28:14:02, 24:28:14:09;
24:28:15:01, 24:28:15:02, 24:28:15:07, 24:28:15:08; 24:28:16:09, 24:28:16:10, 24:28:16:11; 24:28:17:10, 24:28:17:20,
24:28:17:21, 24:28:17:25, 24:28:17:26, 24:28:17:26.1, 24:28:17:30, 24:28:17:31, 24:28:17:32; 24:28:18:05.

History/Notice: 47 SDR 17, August 10, 2020

Hearing: September 21, 2020
Filed: November 20, 2020
Effective: December 10, 2020

Executive Appointments

Appointee Appointed by Succeeding Effective/End Date

Council of Economic
Advisors
Karl Adam Governor New Position 10/27/2020 – 6/30/2021
Pierre

Council of Juvenile Services

Dadra Avery Governor Reappointed 10/31/2020 – 10/30/2023
Sturgis

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State Board of Dentistry

Molly Fulton Governor Reappointed 10/31/2020 – 10/30/2023
Vermillion

Board of Chiropractic
Examiners
Lori Koenecke Governor Beverly McCracken 1/2/2021 – 1/1/2024
Pierre

Behavioral Health
Advisory Council
Ashlee Rathbun Governor Reappointed 10/31/2020 – 10/30/2023
Fort Pierre

State Board of Dentistry

Tara T. Schaack Governor Reappointed 10/31/2020 – 10/30/2023
Rapid City

Game, Fish and Parks

Commission
Douglas Sharp Governor Reappointed 1/11/2021 – 1/10/2025
Watertown

SCHEDULED PUBLIC HEARINGS

12-2-2020 Water Management Board (Department of Environment and Natural Resources): Amend rules to
update Ammonia criteria and toxic pollutant criteria; adopt cyanobacteria cyanotoxin criteria;
remove the conductivity criteria for irrigation waters; modify the approval procedure for water
restoration and enhancement projects; modify the required information to obtain water quality
certification; modify the public notice requirements for water quality certifications; update legal
references; make editorial changes to tables; remove lakes with duplicate names; add additional
names for certain lakes; add state lake identifier information for each lake; add the immersion
recreation use for a segment of Fall River; correct typographical errors and legal locations; and update
names of certain streams; 47 SDR 50, October 19, 2020.
12-2-2020 Water Management Board (Department of Environment and Natural Resources): Adopt rules to
implement a tiered, annual fee system for various industrial stormwater sectors, in order to cover
the costs of the industrial stormwater permitting program; 47 SDR 54, November 2, 2020.
12-16-2020 South Dakota Commission on Gaming (Department of Revenue): Amend a rule to add Dakota Duel
Draw to the types of poker authorized for play in Deadwood and to adopt a rule to authorize the
game as a variation of poker; 47 SDR 67, November 23, 2020.

RULES REVIEW COMMITTEE MEETINGS

The final meeting of the Interim Rules Review Committee for the 2020 Interim is Monday, December 7, 2020, at 2:00 p.m.
via electronic conference with limited public access in Room 414 of the Capitol. This is a special meeting during which the
Committee will consider whether to adopt rules to establish a program to license the growth, production, storage,
processing, and transportation of industrial hemp in South Dakota. Find notices of 2020 meetings in this publication, on the
LRC website, and at the Capitol.

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The Drafting Manual for Administrative Rules in South Dakota is available on the Administrative Rules Manual page of the
LRC website and will be updated regularly to reflect changes in drafting styles and procedures.

The South Dakota Register, ISSN 0191-1104, is published by the South Dakota Legislative Research Council pursuant to
SDCL 1-26A-1. Information from the Register is available free of charge on the LRC website (www.sdlegislature.gov/).
You may subscribe for electronic delivery of the South Dakota Register at My LRC on the LRC website.

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