State of South Dakota  

400U0320   HOUSE STATE AFFAIRS ENGROSSED    NO.  HB 1012 -  01/11/2013  

Introduced by:    The Committee on State Affairs at the request of the Board of Regents

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the students eligible for resident tuition benefits at universities controlled by the Board of Regents.
    Section 1. That § 13-53-6.3 be amended to read as follows:
    13-53-6.3. Notwithstanding any other provision of law, any person who graduates from a South Dakota high school qualifies for resident tuition rates at the institutions controlled by the Board of Regents if:
            (1)    The the person was a South Dakota resident at the time of high school graduation and lived with a parent or legal guardian who was also a South Dakota resident;
            (2)    A parent or legal guardian of the individual resided continuously in South Dakota through the time of first attendance as provided in subdivision (3); and
            (3)    The person begins to attend classes no later than the fall semester of the seventh year after the date of high school graduation.
    Section 2. That § 13-53-27 be amended to read as follows:
    13-53-27. The residence of an unemancipated person under twenty-one twenty-four years

of age follows that of the parents or of a legal guardian who has actual custody of the person or administers the property of the person. In the case of divorce or separation, if either parent meets the residence requirements, the person shall be considered a resident.
    Section 3. That § 13-53-34 be amended to read as follows:
    13-53-34. The following factors shall be considered are relevant in evaluating a requested change in a student's nonresident status and in evaluating whether the person's physical presence in South Dakota is for the predominant purpose of attending a college, university, or other institution of higher education:

            (1)    The residence of a student's parents or guardians;
            (2)    The situs of the source of the student's income;
            (3)    To whom a student pays taxes, including property taxes;
            (4)    The state in which a student's automobile is registered;
            (5)    The state issuing the student's driver's license;
            (6)    Where the student is registered to vote;
            (7)    The marriage of the student to a resident of South Dakota;
            (8)    Ownership of property in South Dakota and outside of South Dakota;
            (9)    The residence claimed by the student on loan application, federal income tax returns, and other documents;
            (10)    Admission to a licensed profession in South Dakota;
            (11)    Membership in civic, community, and other organizations in South Dakota or elsewhere; and
            (12)    The facts and documents pertaining to the person's past and existing status as a student.
    The existence of one or more of these factors does not require a finding of resident student

status, nor does the nonexistence of one or more require a finding of nonresident student status. All factors shall be considered in combination and resident student status may not result from the doing of acts which are required or routinely done by sojourners in the state or which are merely auxiliary to the fulfillment of educational purposes.
    Section 4. That chapter 13-53 be amended by adding thereto a NEW SECTION to read as follows:

    The Board of Regents shall reclassify any nonresident student to the status of resident student upon timely proof of marriage of the student to a resident of South Dakota.