Interim Committee Agenda

Committee: Interim Rules Review Committee

Meeting: Four Hundred and Forty Sixth Meeting, South Dakota Legislature

Room: Room 414 - State Capitol, Pierre, South Dakota

Date: Wednesday, October 14, 2026

Time: 9:00 AM CT Note earlier start time

Register electronically to testify: https://sdlegislature.gov/testify/306750

Representatives Hansen (Chair), DeGroot, and Muckey and Senators Howard (Vice-Chair), Larson, and Mehlhaff

9:00 AM Call to Order

Determination of Quorum

Approval of the Minutes of the Meeting - September 9, 2026

Review of proposed rules

Senator Howard

South Dakota Plumbing Commission (Department of Labor and Regulation): Amend, adopt, and repeal rules to align notification requirements to the functionality of a new database; align rules with the intention of SDCL chapter 36-25; clean up language; and clarify existing rules.

Representative DeGroot

Department of Game, Fish and Parks: Amend rules to:

• • Modify the transportation requirements for paddlefish harvested during the archery season below Gavins Point Dam by allowing harvested paddlefish to be cleaned prior to transport;

  • Remove the annual submission of a summary report for retail bait dealers as a requirement for license renewal and specify an annual summary report needs to be submitted by wholesale and export bait dealers;

  • Update the list of fish pathogens of regulatory concern that must be tested before fish importation permits may be issued;

  • Modify the list of state endangered bird species;

  • Update the list of aquatic invasive species by adding the golden mussel to the list of aquatic invasive invertebrates recognized by the department; and

  • Establish exemptions from aquatic invasive species conveyance launching and removal requirements for specific circumstances involving aquatic conveyances.

South Dakota Transportation Commission (Department of Transportation): Amend rules to:

• • Change speed limits on U.S. Highway 83 near Onida in Sully County, and South Dakota Highway 248 in and around Kadoka in Jackson County;

  • Update highway references and eliminate speed limit provisions that are no longer needed because of highway jurisdictional transfers; and

  • Change when the terms "business" and "person" are used in rules pertaining to contractor prequalification to submit bids for highway construction projects.

Senator Larson

South Dakota Athletic Commission (Department of Labor and Regulation): Amend and adopt rules to:

• • Clarify safety requirements for events and competitors, application and medical requirements for contestants, officials required for events, bout contract provisions, commission disciplinary actions, and updates consistent with the unified rules of mixed martial arts and boxing;

  • Provide for the inclusion of inspectors as officials for events, as set forth in Senate Bill 64;

  • Set the requirements for inspectors assigned by the commission; and

  • Establish the parameters and requirements for a bout review by the commission.

 

Department of Labor and Regulation: Amend rules to revise the life expectancy tables for the purpose of calculating compensation lump sum payments under ARSD 47:03:01:07.

Department of Labor and Regulation: Adopt rules to establish the State Apprenticeship Agency (SAA). Specifically, the rules define administrative duties, registration procedures, program standards, review requirements, actions involving apprenticeship programs, reciprocity processes, and complaint procedures; and align South Dakota with federal apprenticeship requirements under 29 CFR Part 29, allowing the SAA to administer, register, oversee, and enforce Registered Apprenticeship Programs requirements at the state level.

Senator Mehlhaff

South Dakota Commission on Gaming (Department of Revenue): Amend a rule to modify the existing structure and include alternate pay tables for the 21 + 3 game, a blackjack variation of play.

Department of Revenue: Adopt rules to establish application requirements for nicotine product licensees, inspection procedures, recordkeeping requirements for licensees, violation procedures, and product disposal or return requirements for retail licensees.

Department of Revenue: Repeal, amend, and adopt rules to:

• • Establish procedures for permanent closure of a motor vehicle dealer;

  • Establish certain required uses of the department's 605Drive system;

  • Permit retention of electronic records;

  • Require retention of certain paper records for at least a year;

  • Require document fees be advertised for customers, in accordance with federal law;

  • Prohibit the use of "broker" and "wholesale" in dealer names and advertising materials; and

  • Provide form and style adjustments.

South Dakota Lottery Commission (Department of Revenue): Amend rules to:

• • Provide the Executive Director the authority to suspend, revoke, or deny video lottery licenses;

  • Clarify a minimum test period for new video lottery game software;

  • Permit online training and testing for video lottery technicians;

  • Eliminate log book requirements;

  • Clarify that ticket voucher credits must be redeemed by the close of the business day; and

  • Permit the sale of video lottery machines between operators.

South Dakota Division of Insurance (Department of Labor and Regulation): Adopt a rule to define the word "resident" for an individual producer, business entity, or applicant; amend a rule and repeal Appendix A to update and incorporate by reference the most recent edition of guidelines pertaining to coverage for preventive items and services; and amend a rule to include the best interest standard for broker-dealers.

South Dakota Public Utilities Commission: Repeal outdated, redundant, or preempted rules or portions of rules, and unnecessary telecommunications filing requirements, and amend rules to:

• • Clarify the process for filing of confidential information;

  • Update language in the general rules and gas and electric rules to clarify and simplify the requirements and update complaint requirements;

  • Clarify the procedure for release of a grain buyer bond and to require the provision of necessary information on voluntary credit sale contracts for grain transactions;

  • Update telecommunications provisions to align with current needs and technology; and

  • Update a pipeline safety notification requirement to ensure necessary information is provided to the commission.

Representative Muckey

Department of Human Services: Amend rules to:

• • Standardize and clarify critical incident reporting requirements;

  • Make restoration plans dependent on ISP progress, rather than time limited;

  • Allow providers an additional month to file cost reports and audits;

  • Standardize insurance requirements;

  • Provide a standardized format to assist in participant safety monitoring data analysis;

  • Update the CHOICES waiver services to match the federally approved waiver; and

  • Avoid conflict and redundancy with federal requirements, while requiring opportunity for discussion of all medications with clients at the South Dakota Developmental Center.

Department of Health: Amend rules to update and clarify the Department of Health's waiver application requirements, including definitions, documentation order, acceptance procedures, and fee processing, to ensure submissions meet U.S. Department of State standards.

Department of Health: Amend rules to update and clarify requirements through Article 44:90 to align with current medical cannabis industry standards, improve consistency, and modernize administrative processes.

Department of Health: Amend a rule to add Duchenne Muscular Dystrophy, Mucopolysaccharidosis Type I, and Mucopolysaccharidosis Type II to South Dakota's newborn screening panel.

Department of Health: Adopt rules to establish design, construction, and operational standards for biological filtration pools at lodging establishments as required by House Bill 1299, approved by the 2026 South Dakota Legislature.

Department of Health: Amend rules to:

• • Update and clarify vital records requirements by modernizing terminology;

  • Refining filing and amendment procedures; and

  • Improving consistency across birth, death, and marriage registration processes.

School Finance Accountability Board (Department of Education): Amend and repeal rules to clarify the process for which a district may request a waiver from the School Finance Accountability Board regarding the state minimum teacher salary, average teacher salary, or the general fund cash balance requirements, and to remove the Joint Committee on Appropriations from the waiver process.

Staff Report

• • Brief update on Code Counsel Division

Adjourn

Breaks will be at the call of the Chair

Please provide committee documents or written comments at least 48 hours prior to the meeting.

NOTE: The above times are approximate.

All committee agendas, minutes, and audio are available on the LRC website: https://www.sdlegislature.gov/. Live committee audio is provided by SDPB and is also available at https://www.sd.net/. You may subscribe to electronic delivery of agendas and minutes at My LRC on the LRC website.

This meeting is being held in a physically accessible location. Any individual needing assistance, pursuant to the Americans with Disabilities Act, should contact the Legislative Research Council (605-773-3251) in advance of the meeting to make further arrangements.