2018 Senate Bill 103 - Printed

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

742Z0193   SENATE BILL   NO.  103  

Introduced by:    Senators Nelson, Greenfield (Brock), Haverly, Jensen (Phil), Langer, Maher, Monroe, Netherton, Otten (Ernie), Russell, Stalzer, Tapio, and Youngberg and Representatives Gosch, Beal, Brunner, Campbell, Clark, DiSanto, Frye-Mueller, Goodwin, Howard, Karr, Latterell, Livermont, Marty, May, Peterson (Sue), Pischke, Rhoden, Schoenfish, and Zikmund
 

        FOR AN ACT ENTITLED, An Act to prohibit aliens who are not lawfully present in the United States from attending any public postsecondary educational institution or from receiving certain educational financial assistance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 13-53 be amended by adding a NEW SECTION to read:
    An alien who is not lawfully present in the United States may not be permitted to enroll in or attend any public postsecondary educational institution in this state. An alien who is not lawfully present in the United States is not eligible for any public postsecondary educational scholarship, grant, resident tuition, or other financial aid. The Board of Regents shall develop and institute a process by which each public postsecondary educational institution in the state shall verify with the federal government pursuant to 8 U.S.C. § 1373(c) an alien's lawful presence in the United States for purposes of this section.
    Section 2. That § 13-53-38 be amended to read:
    13-53-38. The Board of Regents may classify a student who does not meet the requirements of §§ 13-53-23 to 13-53-41, inclusive, as a resident student, if the student's situation presents unusual circumstances and the student's classification is within the general scope of §§ 13-53-23 to 13-53-41, inclusive. The provisions of this section do not permit the Board of Regents to classify as a resident student any person who is not permitted under section 1 of this Act to enroll in or attend any postsecondary educational institution in this state. The decision of the board shall be final.