FOR AN ACT ENTITLED, An Act to  provide resident tuition rates for certain nonresident National Guard members and to revise certain tuition benefits for resident National Guard members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  Any person who is not a South Dakota resident who is a member of the South Dakota National Guard, upon compliance with all the requirements for admission and subject to the provisions of section 3 of this Act, is entitled to attend and pursue any undergraduate course or courses in any state educational institution under the control and management of the Board of Regents upon the payment of tuition at the rate established for a South Dakota resident. However, no eligible National Guard member is entitled to more than four academic years under this Act. The Board of Regents shall maintain an annual record of the number of participants and the tuition dollar value of such participation.
     Section  2.  To be eligible for resident tuition pursuant to this Act, a national guardsman or other reserve component member shall:

             (1)    Be a member of the South Dakota Army National Guard unit or South Dakota Air

National Guard unit throughout each semester for which the member applies for benefits;

             (2)    Maintain a minimum ninety percent attendance on scheduled drill dates and at annual training with the member's parent unit;

             (3)    Maintain satisfactory academic progress; and

             (4)    Provide proper notice to the institution at the time of registration for the term in which the benefits are sought.
     Section  3.  Any person desiring to use the benefits of this Act shall apply to the Department of Military and Veterans Affairs. The secretary of military and veterans affairs shall determine whether the person is entitled to the benefits of this Act. The secretary of military and veterans affairs may promulgate rules pursuant to chapter 1-26 to establish the procedures for determining benefits, the records to be maintained, the procedures to apply for benefits, and the procedures for an appeal.
     Section  4.  That § 13-55-23 be amended to read as follows:
     13-55-23.   Notwithstanding any other provisions of law, legislatively mandated exemptions, whether whole or partial, from the obligation to pay tuition or other required fees apply only to classes, courses and instructional programs directly supported by moneys appropriated from the general fund. This section does not apply to tuition exemptions for members of the South Dakota National Guard.