2008 Senate Bill 101 - Introduced

State of South Dakota  

624P0017   SENATE BILL   NO.   101  

Introduced by:     Senators Two Bulls, Hanson (Gary), Hoerth, Jerstad, Katus, Kloucek, Koetzle, Maher, Napoli, Peterson (Jim), Schmidt (Dennis), Sutton, and Turbak Berry and Representatives Van Norman, Ahlers, Bradford, Feinstein, Kirkeby, Lucas, Moore, Nygaard, Sigdestad, and Thompson

         FOR AN ACT ENTITLED, An Act to  authorize funding for certain tribal colleges to defray certain costs associated with educating nonbeneficiary students at tribal colleges and to make an appropriation therefor.
     Section 1.  The Board of Regents shall provide financial assistance to tribally controlled colleges and community colleges to defray a portion of the costs incurred by the college or community college in providing educational services for enrolled resident nonbeneficiary students. For purposes of this Act, a nonbeneficiary student is a student who is enrolled in a tribally controlled college or community college, but is not an enrolled member of a federally recognized Indian tribe.
     Section 2.  To receive assistance under this Act, a tribal college or community college shall apply to the Board of Regents. The money shall be distributed on a prorated basis according to the eligible resident nonbeneficiary student enrollment in each tribal college or community college during the previous year. The nonbeneficiary student enrollment includes each

nonbeneficiary student who is enrolled at the college or community college, who meets the South Dakota residency requirements prescribed for institutions controlled by the Board of Regents, and who is enrolled in courses for which credit is transferable to an institution controlled by the Board of Regents. However, the requirement for enrollment in courses for which credit is transferable to an institution controlled by the Board of Regents does not apply to a nonbeneficiary student enrolled in a course directly related to a vocational degree program or to a two-year to four-year degree program or certificate program. Funding under this Act is limited to a maximum of three thousand dollars each year for each full-time equivalent nonbeneficiary student.
     Section 3.  To qualify for funding under this Act, the tribal college or community college shall meet each of the following requirements:

             (1)    Be accredited or be a candidate for accreditation by the North Central Association of Colleges and Secondary Schools Accrediting Agency;
             (2)    Enter into a contract or agreement with the Board of Regents to provide the board with information relating to eligibility of resident nonbeneficiary students and documentation on the curriculum to ensure that the content and quality of courses offered by the tribal community college are consistent with the standards adopted by the system;
             (3)    Provide the regents with documentation that credits for the courses in which the resident nonbeneficiary students are enrolled will be accepted at another South Dakota college or university, if applicable; and
             (4)    File with the Board of Regents evidence that the college's enrollment of Indian students is at least fifty-one percent, as required by the Tribally Controlled Community College Assistance Act of 1978, 25 U.S.C. 1804, as amended to

January 1, 2008.
     Section 4.  Any funding that is available pursuant to this Act is in addition to the budget approved for the Board of Regents in the general appropriations act.
     Section 5.  There is hereby appropriated from the general fund the sum of five hundred thousand dollars ($ 500,000 ), or so much thereof as may be necessary, to the Board of Regents to provide funding in accordance with sections 1 to 4, inclusive, of this Act to tribally controlled colleges and community colleges to defray a portion of the costs incurred by such institutions in providing educational services to non-Indian students.
     Section 6.  The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
     Section 7.  Any amounts appropriated in this Act not lawfully expended or obligated by June  30, 2009 , shall revert in accordance with ยง  4-8-21.

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