All current proposed rules

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 IdTitleShortDesc
110 5:01:02:14. In-state per diem rates The effect of the rules will be to increase the allowable in-state lodging reimbursement amount for State employees traveling on official in-state travel effective January 1, 2015.
210 Federal, state statutory changes, clarifications The effects of the rules are to provide additional instructions to voters on how to mark an optical scan ballot, allow the person in charge of the election to determine where the ballot stamp watermark is placed on the ballot, add residence address including city and zip code to the nominating petition for school board candidates, add city and zip code to the municipal candidate nominating petition, add aldermanic as a type of municipal government that can increase or decrease the number of wards on the petition form, add a notation to the general authority section to the administrative rule for approving electronic ballot marking systems, clarify what ballots can be requested on the absentee ballot application and what ballots can be requested to be emailed to military and overseas voters on the absentee ballot application, clarify who a recount petition is filed with, and repeal a notice of cancellation of election that is not required by statute.
319 Administrative Rule Changes for State Board of Finance Consider the adoption and amendment of proposed rules numbered 5:01:01:01, 5:01:02:14, and 5:01:07:07, inclusive
346 GFP 2017 May Proposals - June Finals The proposed administrative rule changes will: 1) establish facility use fees for the Good Earth State Park visitors center, 2) set season dates, units, and license allocations for SD deer hunting seasons, 3) amend rules authorizing terminally ill residents to hunt, 4) set license allocations and fees for Custer State Park bison hunts, 5) amend rules for nonresident waterfowl hunting, and 6) amend rules on trapping prohibitions.
348 Board of Elections - 2017 Rules Hearing Specify a 30 day deadline date for a voter to return the invalid/incomplete voter registration acknowledgment notice to provide consistency with all county auditors and comply with signed House Bill 1036 from the 2017 Legislative Session. Change the name of a Secondary Election to Runoff Election in the above administrative rules is due to signed House Bills 1036 and 1037. Add judicial office to be listed in the notice of deadline for filing nominating petitions for the primary election which should have been included in the past. Due to the passage of Senate Bill 77 and House Bills 1001 & 1034 the addition of the following language is being added to the general election ballot “Legislative Research Council’s Prison/Jail Population Cost Estimate and/or Fiscal Note. Additional clean up amendments to the primary and general election ballot formats to include notations for front and reverse sides, clarifying ballot printing notes, adding an option for county finance officer, and providing the format for State Representative Districts 26 & 28 A and B and new primary and general election ballot formats are being added to allow county auditor’s to purchase new ballot marking devices. Amending the tax levy opt-out ballot format to be used by county, municipality or school to provide clarification on the format for those local jurisdictions. Create a new ballot format for capital outlay elections for school districts to provide assistance to the school district. Create a new ballot format for school sentinel program elections to provide assistance to the school district. Create a new ballot format to assist county auditors with ballot for tax levy ballots for maintaining repairing, constructing or reconstructing roads and bridges. Clarifying that a petition sheet must be printed on a self-contained sheet of paper printed front and reverse side due to passage of HB 1034. Amended the rule for the random sample on statewide candidates and statewide ballot measures due to passage of HB 1035 by replacing the 5% random sample requirement to a sample that is statistically correlative to not less than a 95% level of confidence with a margin of error equal to not more than 3.62%. Repealed two petitions for conservation district candidates and amended the third petition due to the passage of SB 78 which changed the candidates for district supervisors to run at large instead of by areas. Amended the application for absentee voting to add language to clarify what category of Uniformed Overseas Citizens Absentee Voter the applicant falls under to comply with the federal law and we also provided other language to simplify the application instructions. Removed language requiring an Uniformed Overseas Citizens Absentee Voter has to provide their voting residence on the ballot return envelope as there is no state law that requires those voters to provide that information.
379 GFP 2017 June Proposals - July Finals The proposed administrative rule changes will: 1)amend the hunting restriction near roads and buildings within Custer State Park to include coyotes, 2)close the sage grouse hunting season, 3)adjust the number of resident antelope hunting licenses allocated to West River/East River hunting units, 4)close the Custer State Park antelope hunting season, 5)reopen the Custer State Park coyote hunting season and adjust the season dates and licensing requirements.
381 GFP 2017 July Proposals - September Finals The proposed administrative rule changes will: 1)create a “no boating zone” on the waters of Swan Lake in Clark County from October 20 to December 31, inclusive, 2)establish a process whereby an owner of private property underlying any nonmeandered lake listed in SDCL 41-23-8 may petition the GFP Commission to allow the owner of private property to restrict recreational use of the water overlying the owner’s private property.
388 5:04:03:01 and 5:04:03:04, inclusive. The effect of the rules will be to update notary public application and change forms. Persons interested in presenting data, opinions, and arguments for or against the proposed rules may do so by appearing in person at the hearing or by sending them to the South Dakota Secretary of State, State Capitol, 500 East Capitol, Pierre, South Dakota 57501. Material sent by mail must reach the Office of the Secretary of State by October 9, 2017, to be considered at the hearing. Additional written comments will be received until October 20, 2017. After the hearing, the Secretary of State will consider all written and oral comments it receives on the proposed rules. The Secretary of State may modify or amend a proposed rule at that time to include or exclude matters that are described in this notice. Notice is further given to individuals with disabilities that this hearing is being held in a physically accessible place. Please notify the Office of the Secretary of State at least 48 hours before the public hearing if you have special needs for which special arrangements must be made. The telephone number for making special arrangements is (605) 773-3537. Copies of the proposed rules may be obtained without charge from the Office of the Secretary of State Suite 204 State Capitol 500 East Capitol Pierre, South Dakota 57501
404 §§ 5:02:03:14; 5:02:03:18; 5:02:03:26 (New); 5:02:03:27 (New); 5:02:04:13; 5:02:04:17; 5:02:04:18; 5:02:04:19; 5:02:06:01; 5:02:06:10; 5:02:06:17; 5:02:06:20; 5:02:06:26 (New); 5:02:06:27 (New); 5:02:06:28 (New); 5:02:08:00.01; 5:02:08:00.02; 5:02:08:07.01; 5:02:08:07.02; 5:02:08:36; 5:02:08:37 (Repeal); 5:02:08:38 (Repeal); 5:02:09:04.04; 5:02:10:01; 5:02:10:01.02; 5:02:10:08; and 5:02:19:05, inclusive. Specify a 30 day deadline date for a voter to return the invalid/incomplete voter registration acknowledgment notice to provide consistency with all county auditors and comply with signed House Bill 1036 from the 2017 Legislative Session. Add another voter designation for the federally required Election Assistance Commission Election Day Survey. Create two voter registration list maintenance forms to make it easier to identify the forms mailed to voter under the National Voter Registration Act. Change the name of a Secondary Election to Runoff Election in the above administrative rules is due to signed House Bills 1036 and 1037. Add judicial office to the races to be listed in the notice of deadline for filing nominating petitions for the primary election which should have been included in the past. Due to the passage of Senate Bill 77 and House Bills 1001 & 1034 the addition of the following language is being added to the general election ballot “Legislative Research Council’s Prison/Jail Population Cost Estimate and/or Fiscal Note. Additional clean up amendments to the primary and general election ballot formats to include notations for front and reverse sides, clarifying ballot printing notes, adding an option for county finance officer, and providing the format for State Representative Districts 26 & 28 A and B. Amending the tax levy opt-out ballot format to be used by county, municipality or school to provide clarification on the format for those local jurisdictions. Create a new ballot format for capital outlay elections for school districts to provide assistance to the school district. Create a new ballot format for school sentinel program elections to provide assistance to the school district. Create a new ballot format to assist county auditors with ballot for tax levy ballots for maintaining repairing, constructing or reconstructing roads and bridges. Clarifying that a petition sheet must be printed on a self-contained sheet of paper printed front and reverse side due to passage of HB 1034. Add the Attorney General’s Title of a statewide ballot question to information required from the sponsor(s) on the two affidavits for statewide ballot questions. Repealed two petitions for conservation district candidates and amended the third petition due to the passage of SB 78 which changed the candidates for district supervisors to run at large instead of by areas. Clarify what type of ballot a resolution board will use to duplicate a ballot that is rejected from the automatic tabulating machine. Amended the application for absentee voting to add language to clarify what category of Uniformed Overseas Citizens Absentee Voter the applicant falls under to comply with the federal law and we also provided other language to simplify the application instructions. Removed language requiring a stateside Uniformed Overseas Citizens Absentee Voter to provide a photocopy of their identification or have their signature notarized on the absentee ballot application as there is no state law that requires those voters to provide that information. Removed language requiring a Uniformed Overseas Citizens Absentee Voter has to provide their voting residence on the ballot return envelope as there is no state law that requires those voters to provide that information and amend the maximum size of the that envelope. Add legislative candidates as those who do not use this petition for recount.
407 Department of Revenue Business Tax and Property & Special Taxes Rules Property & Special Taxes - the rule changes will update manuals and price of manuals to current version and ensure that the language of the rules is consistent. They will also clarify what types of equipment certain alcoholic beverage industry members can provide to special event alcohol retailers. Business Tax - repeal 64:09:01:08 as it is obsolete.
408 GFP 2017 Oct Proposals - November Finals The proposed administrative rule changes will 1) simplify the park entrance fee structure by eliminating 2) alter three definitions regarding “preferred,” “prime,” and “primitive” campgrounds. “Preferred” campgrounds would consist of campsites with weekend occupancy rates of 80 to 89 percent from the Friday before Memorial Day to Labor Day, inclusive, on non-equestrian and electrical campsites. “Prime” campgrounds would consist of campsites with occupancy rates of 90 percent or greater from the Friday before Memorial Day to Labor Day, inclusive, on non-equestrian and electrical campsites. “Primitive” campsites would be removed from the definitions section 3) Move campgrounds into appropriate categories to match definitions of occupancy rates 4) increase the use of the Fort Sisseton’s south barracks from $300 to $500 for a weekend. The catamaran dry slip storage at Lewis and Clark would increase from $300 to $325 per seasonal occupancy period. The catamaran dry slip storage at Angostura would increase from $150 to $175 per seasonal occupancy period 5) establish standards for marking closed areas of nonmeandered waters by landowners. The standards include a system of conspicuous signs and buoys with specifications to ensure uniformity. 6) would require mandatory submission of elk harvested in Custer State Park to be tested for chronic waste disease (CWD) 7)increase the number of antlerless elk licenses from no more than 20 to no more than 60. Furthermore, the proposed rule would establish four separate hunting seasons in four separate hunting units 8)simplify the Big Horn Sheep rule by eliminating the identification of the license type and number of license from each of the hunting units. The amendment would add the language that no more than five bighorn sheep licenses may be issued 9) allow for the continued pursuit of a mountain lion that originated on private land onto public land 10)remove the 15 inch minimum restriction for walleye on Lake Poinsett 11) allow nonresidents to obtain an aerial hunting permit from the Department 12)require all bait dealers to list employees/agents on their application that will engage in trapping, transporting, delivering, raising, or seining bait and allow the Department to refuse the issuance of a license to a bait dealer with an employee/agent who has received a suspension or revocation of their bait dealer license 13) update the scientific name of the Interior Least Tern (Sterna antillarum athalassos) to Least Tern (Sternula antillarum) 14) update the scientific name of the Finescale dace (Phoxinus neogaeus) to Finescale dace (Chrosomus neogaeus)15)update the scientific names of two species: Northern redbelly dace (Phoxinus eos) to Northern redbelly dace (Chrosmous eos) and Pearl dace (Margariscus margarita) to Northern pearl dace (Margariscus nachtriebi)
411 GFP 2017 Nov Proposals - Dec Finals The new rule would require all bait dealers to list employees/agents on their application that will engage in trapping, transporting, delivering, raising, or seining bait and allow the Department to refuse the issuance of a license to a bait dealer with an employee/agent who has had their bait dealer license suspended, revoked, or been denied a bait dealer license.
415 GFP 2017 December Proposals/January Finals 1. Amend ARSD 41:06:16:02.01 – Low Plains duck hunting season established. Effect: The proposed amendment would modify the Low Plains South Zone hunting season to begin on the third Saturday instead of the second Saturday. 2.Amend ARSD 41:06:16:03 – Daily bag limit. Effect: The proposed amendment would increase the pintail bag limit from one to two. 3. Amend ARSD 41:06:16:07 – Goose hunting season, Conservation Order, and August Management Take established. Effect: The proposed amendment would remove Lawrence and Meade Counties from Unit 1 and place them in Unit 2. 4. Amend ARSD 41:06:50:03 – Daily and possession limits. Effect: The proposed amendment would reduce the daily limit from fifteen to eight birds and change the possession limit from forty-five to three times the daily limit of Canada geese.
419 GFP 2017 January Proposals/February Finals 1. Amend ARSD 41:04:02:32 – Hughes County public water safety zones. Effect: The proposed change would create a 400 yard area as a no wake zone in front of campsites. Reason: The proposed no wake zone is a popular area for swimmers due to its proximity to campsites. A no wake zone would increase safety for beach users and protect the shoreline from erosion and yet still allow boaters to beach their crafts along the shoreline. 2. Amend ARSD 41:04:02:52 – Perkins County public water safety zones. Effect: The proposed change would create a no wake zone in the west boat ramp bay on Shadehill Reservoir. Reason: Shadehill Reservoir has become more popular with the recent addition of privately owned cabin lots adjacent to department land near the boat access area. The higher volume has led to future planning of an expanded boat ramp and parking lot. This will encourage even more use of the west boat ramp. A no wake zone in the bay will protect boats and boaters during launching and loading. 3. Amend ARSD 41:03:01:16 – Restrictions on use of firearms and bows – Exceptions. Effect: The proposed change would limit hunting in Oakwood Lakes State Park to shotguns using shot shells, crossbows, and bows. Reason: Oakwood Lake State Park is the 4th smallest state park. The park as extensive established campgrounds and designated day use areas where hunting is currently prohibited by rule. Recently, additional campgrounds have been added to the park ultimately making rifle hunting unsafe in the park. 4. Amend ARSD 41:06:56 – Black Hills Bighorn Sheep Hunting Season Effect: The proposed changes would rename the administrative chapter to “Bighorn Sheep Hunting Season.” In addition the proposed change would make appropriate name changes to applicable rules within the chapter removing the term “Black Hills.” The proposed rule would also establish a new hunting unit as that portion of Pennington County east of the Cheyenne River and that portion of Jackson County north of the White River, excluding the Badlands National Park. Reason: The bighorn sheep herd on the Badlands National Park and surrounding area has strong numbers and is at a level where hunting opportunities on lands outside the national park are available. As a result, a new hunting unit will be created adjacent to the national park. As a result of bighorn sheep hunting opportunities no longer only being located in the Black Hills, the name of the administrative chapter and respective rules will be changed to reflect and conform to a Bighorn Sheep Hunting Season chapter. 5. Amend: ARSD 41:07:03:01 – Inland Waters and ARSD 41:07:03:03 – Daily possession, and length limit restrictions on special management waters – Additional restrictions described. Effect: The proposed changes will eliminate the ability to harvest one muskellunge or northern-muskellunge effectively turning the species into a catch and release fish. Reason: Muskellunge and northern-muskellunge are primarily a trophy fish that are not commonly caught for consumption. By requiring catch and release, it will prevent fish from being harvested and allow the population to produce larger, trophy fish.
420 Gaming Rules - Amendments and new rules GAMING RULES: 20:18:06:02, 20:18:12.01:07.01, 20:18:12.01:08.01, 20:18:12.01:17, 20:18:12.01:22, 20:18:12.01:23, 20:18:15:01.01, 20:18:15:30.03, 20:18:15:30.18, 20:18:16:02, 20:18:16:15.02, 20:18:16:15.15, 20:18:29:04, and 20:18:33:13
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