The Interim Rules Committee met on Tuesday, June 9. There were 10 hearings for proposed and amended rules.

• The Board of Accounting proposed to amend rules to update references and language to allow for CPA exam candidates to have continuous testing. There was no opposition to the proposals and the process was found to be complete.

• The Bureau of Human Resources Civil Service Commission proposed amended rules pursuant to the passage of SB 186 by the 2020 Legislature to expand when a state employee can use sick leave; and set for the parameters of paid family leave upon the birth or adoption of a child.  

The changes proposed included: Sick leave may be granted for the illness, health care needs, or temporary care of the employee, the employee’s immediate family, or a person whom the employee is the legal guardian.

An employee may use up to five days of sick leave, as bereavement leave, for the loss of an immediate family member. Paid family leave definition: Each permanent employee who has been employed by the state for a continuous period of six months is entitled to 24 hours of paid family leave per week for up to eight weeks following the birth of a child of the employee or placement of a child for adoption. Paid family leave must be taken within one year following the birth of a child or the placement of a child for adoption. A permanent part-time employee will receive prorated hours. Sick or vacation leave may be used to supplement the remaining hours in the work week.  Active duty military leave. An employee may use up to 40 hours of accumulated sick leave annually for a call to state activity duty of military reserve or National Guard members. Rationale for the proposed changes was for competitive recruitment and retention of employees. Question was raised as to the impact on budget the answer was that it was already included in the FY21 budget that was passed.

There was no opposition, the process was complete.

• The S.D. Electrical Commission proposed to amend rule to adopt the 2020 National Electrical Code; and Document the ability to temporarily extend deadlines. The two proposed rules had been reverted back to the committee for prior step action.

There were questions raised by the housing industry about adoption of the code in consideration of housing construction in the state. The housing group and the Electrical Commission were able to compromise and accept the 2020 National Code standards with modifications. This rule process had no opposition and the process was complete. The temporary extended deadlines were reverted back again to a prior state.

It was the Rules Committee that agreed that this rule was beyond what current statute allowed the Commission for rule setting. It was also recognized that passed legislation during session would allow the temporary waiver during the declared pandemic in S.D.

• The S.D. Board of Education Standards proposed amending rules to accurately reflect the federal Individuals with Disabilities Education Act (IDEA) by Every Student Succeeds Act (ESSA) and correct the definition of preschool age and preschool program to align with the IDEA preschool age. Preschool age should be 3 through 5. There was no opposition, the process was complete.

• The South Dakota State Library Board proposed to amend rules to update fees charged to the library users who damaged or lost state library material. This was one of two most debated rules during the day.  

The Library Board had not reviewed the fee schedule for the past 25 years and now was requesting increases. There was some inconsistency in fees for similar media types.

When questioned as to the frequency of lost or damaged media, the response was one incident in the last three years. There were those that felt the fee increases were too punitive with the other group accepting an update from fee setting 25 years ago.  

Two positions evolved for and against and resulted in voting twice with a resulting tie which is inaction of the proposed rule. The committee needed to finalize action so, as chairperson, I compromised and agreed with the three others to revert the rules to a prior step. Therefore, the Library Board will need to reconsider any revision proposed to the fee schedule prior to bringing back to Interim rules.

• Department of Social Services proposed to amend rules to eliminate the current disqualification for TANF assistance for individuals with felony drug convictions pursuant to the passage of SB 96 during the 2020 legislative session. There was no opposition; process was complete.

• The Division of Insurance proposed amended rules to update the sources referenced in rule; incorporate 2020 Medicare supplement coverage amounts set by the federal government; clarify the information required for the insurance companies to complete the Corporate Governance Annual Disclosure provided by the passage of HB 1017 during the 2020 session. There was no opposition; process was approved.

• The Weed & Pest Control Commission proposed to amend rules to add absinth wormwood to the statewide noxious week list and remove Russian knapweed from the same list and add palmer amaranth to the list of locally noxious weeds and remove absinth wormwood from the same list. No opposition, process was complete.

• Game, Fish & Parks proposed to amend rules to :

— make an allowance for an additional single-tag antlerless any deer: license that would be distributed amongst all municipal archer deer hunting units;

— create new unity for the municipal archer deer hunting within city limits of certain cities;

— modify the start date for the Lacreek National Refuge and Sand Lake National Wildlife refuge archery deer season,

— change the age requirement to 18 for those who would qualify for the youth waterfowl hunting season,

— modify the dates for youth pheasant until season to nine consecutive days beginning 21 days prior to the third Saturday of October,

— limit the rule about taking flathead catfish 20 incher or longer to one fish as part of the daily limit and remove the River Otter from the list of threatened mammals.

The river otter rule had opposition from West River citizens. It appeared from the testimony that the Department has fairly good data for otters in northeast SD but limited in western South Dakota specifically the Black Hills. In order to allow trapping of these animal, they need to come off the threatened list. There was a bill during session on this but failed in committee and a resolution that was introduced to develop a comprehensive plan for management of these mammals. A trapping season was set that includes the entire state which impacts areas with a known population and those unknown.  There also was concern expressed about the involvement of the tribes for their input into the rule proposal.  

In the conclusion, the committee voted to approve the process. I believe the Department did hear the messages that the committee members conveyed about the process and the follow up that will occur during the next session.

• The DOT proposed speed changes on highways and interstate around Sturgis for implementation during the Sturgis Rally. There was no opposition; process was approved.

The next scheduled meeting is July 14. Please check the LRC website for the agenda of hearings. All three of Yankton’s legislative members are on rules so contact them with questions/ concerns.

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