sd-307752-2d9c14c55e3f: 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...

SOUTH DAKOTA REGISTER Published weekly by the Legislative Research Council Volume 53 Monday, 8:00 a.m., September 14, 2026 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 Plumbing Commission (Department of Labor and Regulation): (September 9, 2026) intends to 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. The general authority for these rules, as cited by the commission, is SDCL 36-25-14, 36-25-15, 36-25-15.1, and 36-25-19.1. Apublichearingatwhichpersonsmaypresentamendments,data,opinions,andargumentsfororagainsttheproposed rules will be held via video conference on October 2, 2026, at 10:00 a.m. (CT). Individuals may participate through Microsoft Teams by using meeting ID 235 389 776 557 143 and passcode EX2d7o7W or by calling (605) 679-7263 and using conference ID 445 326 161#. Copies of the proposed rules may be obtained without charge from, and written comments on the proposed rules may be sent to, the Department of Labor and Regulation, Plumbing Commission, 217 W. Missouri Avenue, Pierre, South Dakota 57501. Comments may also be emailed to SDPlumbing@state.sd.us. Copies of the rules are also available at https://rules.sd.gov or may be obtained by calling (605) 773-3429. Thedeadline to submit written comments is 10:00 a.m. (CT) on September 29, 2026. This hearing is being held in aphysically accessible location. Persons with special needs for whom the department can make arrangements may call (605) 773-3429 at least 48 hours before the public hearing. Notice The Department of Social Services intends to hold the annual public forum regarding the Former Foster Care Youth Demonstration as required by 42 CFR 431.420. The demonstration was approved by the Center for Medicare and Medicaid Services on May 1, 2018, and reapproved October 30, 2023, granting the state a five-year extension. The demonstration provides the state the authority to continue Medicaid coverage for individuals who were in foster care under the responsibility of another state, were enrolled in Medicaid in that state, and now reside in South Dakota. As of September 1, 2026, there are no individuals covered under the demonstration. To be eligible for Medicaid coverage under the demonstration, an individual must meet the following criteria: • Be a citizen of the United States or have a non-citizen status that qualifies for federally funded Medicaid; • Be a South Dakota resident; • Are under the age of twenty-six; • Are not otherwise mandatorily eligible for coverage under the state plan; • Were in foster care under the responsibility of another state or Tribe on the date of attaining eighteen years of age (or such higher age as the state has elected for termination of federal foster care assistance under title IV-E of the Act); 33 South Dakota Register Volume 53 September 14, 2026 • Were enrolled in Medicaid on the date of aging out; and • Are now applying for Medicaid in South Dakota. The forum, which gives the public an opportunity to provide feedback regarding the demonstration project, will be held October 15, 2026, at 1:00 p.m. (CT) at the Kneip Building, Kneip 1 Conference Room, 700 Governors Drive, Pierre, South Dakota. Attendees may alsojoin viaMicrosoft Teams at https://teams.microsoft.com/meet usingmeeting ID 242 714 098 667 107 and passcode Wf3sm9cc. A copy of the demonstration is available on the department's website at https://dss.sd.gov/medicaid/1115waiver.aspx. FILINGS WITH THE OFFICE OF THE SECRETARY OF STATE Final Administrative Rules DEPARTMENT OF HEALTH: Article 44:74; 44:70:01:01, 44:70:01:05; 44:70:04:11; 44:70:05:04, 44:70:05:05, 44:70:05:06; 44:70:07:04; 44:70:09:03; 44:73:01:01; 44:73:04:06; 44:73:06:07, 44:73:06:14, 44:73:06:15; 44:73:08:04, 44:73:08:06. History/Notice: 52 SDR 128, June 22, 2026 Hearing: July 21, 2026 Filed: September 4, 2026 Effective: September 24, 2026 SOUTH DAKOTA TRANSPORTATION COMMISSION (DEPARTMENT OF TRANSPORTATION): 70:01:02:62. History/Notice: 53 SDR 13, August 3, 2026 Hearing: August 27, 2026 Filed: September 9, 2026 Effective: September 29, 2026 DEPARTMENT OF GAME, FISH AND PARKS: 41:06:00.01:02; 41:06:13:02; 41:06:14:02, 41:06:14:02.01. History/Notice: 52 SDR 129, June 22, 2026 Hearing: July 9, 2026 Filed: September 9, 2026 Effective: September 29, 2026 DEPARTMENT OF GAME, FISH AND PARKS: 41:09:01:04, 41:09:01:04.01, 41:09:01:04.03. History/Notice: 52 SDR 128, June 22, 2026 Hearing: July 9, 2026 Filed: September 9, 2026 Effective: September 29, 2026 SOUTHDAKOTAANIMALINDUSTRYBOARD(DEPARTMENT OFAGRICULTUREANDNATURALRESOURCES): 12:68:01:01; 12:68:03:05, 12:68:03:07, 12:68:03:12; 12:68:04:01.01, 12:68:04:09, 12:68:04:32; 12:68:07:03; 12:68:09:07; 12:68:12:04; 12:68:13:02, 12:68:13:04, 12:68:13:13, 12:68:13:15, 12:68:13:18, 12:68:13:37; 12:68:14:01; 12:68:16:01, 12:68:16:03, 12:68:16:07, 12:68:16:09; 12:68:17:11; 12:68:18:07; 12:68:19:09; 12:68:20:04; 12:68:21:01; 12:68:23:02, 12:68:23:11; 12:68:24:01, 12:68:24:04; 12:68:25:01; 12:68:28:01, 12:68:28:02; 12:68:29:02, 12:68:29:05, 12:68:29:08, 12:68:29:09, 12:68:29:11. History/Notice: 52 SDR 119, May 27, 2026 Hearing: July 14, 2026 34 South Dakota Register Volume 53 September 14, 2026 Filed: September 10, 2026 Effective: September 30, 2026 SOUTH DAKOTA BRAND BOARD (DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES): 12:10:02:05. History/Notice: 53 SDR 6, July 20, 2026 Hearing: August 5, 2026 Filed: September 10, 2026 Effective: September 30, 2026 SOUTH DAKOTA COMMISSION ON GAMING (DEPARTMENT OF REVENUE): 20:04:33:01, 20:04:33:06, 20:04:33:25, 20:04:33:81, 20:04:33:82, 20:04:33:83, 20:04:33:84, 20:04:33:85, 20:04:33:86, 20:04:33:87, 20:04:33:88, 20:04:03:89, 20:04:33:90, 20:04:33:91, 20:04:33:92, 20:04:33:93, 20:04:33:94, 20:04:33:95, 20:04:33:96, 20:04:33:97, 20:04:33:98, 20:04:33:99, 20:04:33:100, 20:04:33:101, 20:04:33:102, 20:04:22:103, 20:04:33:104, 20:04:33:105, 20:04:33:106; 20:04:34:01, 20:04:34:02, 20:04:34:03, 20:04:34:04, 20:04:34:05, 20:04:34:06, 20:04:34:07, 20:04:34:08, 20:04:34:09, 20:04:34:10, 20:04:34:11, 20:04:34:12, 20:04:34:13; 20:04:35:01, 20:04:35:02, 20:04:35:03, 20:04:35:04, 20:04:35:05, 20:04:35:06, 20:04:35:07, 20:04:35:08, 20:04:35:09, 20:04:35:10, 20:04:35:11, 20:04:35:12, 20:04:35:12, 20:04:35:14, 20:04:35:15, 20:04:35:16, 20:04:35:17, 20:04:35:18, 20:04:35:19, 20:04:35:20, 20:04:35:21, 20:04:35:22, 20:04:35:23, 20:04:35:24, 20:04:35:25, 20:04:35:26, 20:04:35:27, 20:04:35:28, 20:04:35:29, 20:04:35:30, 20:04:35:31, 20:04:35:32, 20:04:35:33, 20:04:35:34, 20:04:35:35, 20:04:35:36, 20:04:35:37. History/Notice: 52 SDR 122, June 8, 2026 Hearing: June 23, 2026 Filed: September 10, 2026 Effective: September 30, 2026 SOUTH DAKOTA COMMISSION ON GAMING (DEPARTMENT OF REVENUE): 20:04:27:12, 20:04:27:14; 20:18:15:30.20, 20:18:15:30.21; 20:18:16:15.25. History/Notice: 52 SDR 116, May 26, 2026 Hearing: June 23, 2026 Filed: September 10, 2026 Effective: September 30, 2026 DEPARTMENTOFSOCIALSERVICES: 67:16:01:08;67:16:25:06.01,67:16:25:06.02,67:16:26:05;67:16:41:01,67:16:41:03. History/Notice: 53 SDR 10, July 27, 2026 Hearing: August 14, 2026 Filed: September 11, 2026 Effective: October 1, 2026 SCHEDULED PUBLIC HEARINGS September 17, 2026 South Dakota Lottery Commission (Department of Revenue): Amend rules to provide the Executive Director the authority to suspend, revoke, or deny video lottery licenses; to 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 creditsmustberedeemedbythecloseofthebusinessday;andpermitthesaleofvideolotterymachinesbetweenoperators; 53 SDR 26, August 31, 2026. 35 South Dakota Register Volume 53 September 14, 2026 September 21, 2026 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 rules to update and incorporate by reference the most recent edition of guidelines pertaining to coverage for preventative items and services, and to include the best interest standard for broker-dealers; and repeal Appendix A to incorporate the most recent edition of guidelines; 53 SDR 26, August 31, 2026. September 22, 2026 South DakotaTransportationCommission(Departmentof Transportation): AmendrulestochangespeedlimitsonState Trunk Highway 115 north of Sioux Falls in Minnehaha County, 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; 53 SDR 21, August 24, 2026. 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; 53 SDR 29, September 8, 2026. September 23, 2026 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; 53 SDR 25, August 31, 2026. 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; 53 SDR 25, August 31, 2026. September 24, 2026 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; 53 SDR 25, August 31, 2026. 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; 53 SDR 26, August 31, 2026. 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; 53 SDR 29, September 8, 2026. 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; 53 SDR 29, September 8, 2026. 36 South Dakota Register Volume 53 September 14, 2026 September 29, 2026 School Finance Accountability Board(Departmentof Education): Amend and repeal rules toclarify the process forwhich adistrictmay requestawaiverfromthe SchoolFinance AccountabilityBoardregardingthestateminimumteachersalary, average teacher salary, or the general fund cash balance requirements, and to remove the Joint Committee on Appropriations from the waiver process; 53 SDR 30, September 8, 2026. October 2, 2026 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 36-25; clean up language; and clarify existing rules; 53 SDR 33, September 14, 2026. RULES REVIEW COMMITTEE MEETINGS The final scheduled meeting of the Interim Rules Review Committee for the 2026 Interim is Wednesday, October 14, 2026, at 10:00 a.m. (CT) via electronic conference and in Room 414 of the State Capitol. Notices of future committee meetings will be posted in this publication, on the LRC website, and at the Capitol. The Drafting Manual for Administrative Rules in South Dakota is available on the Administrative Rules Manual page of the LRC website and is updated regularly to reflect changes in drafting styles and procedures. 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. 37