FOR AN ACT ENTITLED, An Act to  provide for a refund of tuition and fees for certain nurses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  Terms used in this Act mean:

             (1)    "Eligible nurse," a nurse who practices in an area of critical need as determined by the Department of Health and whose nursing employment begins after May 1, 2002;

             (2)    "Postsecondary tuition and fees," the lesser of five thousand dollars or actual tuition and fees paid minus any scholarships or grants that were received by the eligible nurse;

             (3)    "Secretary," the secretary of the Department of Health.
     Section  2.  There is hereby appropriated from earnings on the health care trust fund the sum of five hundred thousand dollars ($500,000), or so much thereof as may be necessary, to the Department of Health for tuition and fees refunds to eligible nurses pursuant to this Act.
     Section  3.  An eligible nurse may receive a reimbursement equal to seventy-five percent of

the nurse's first year's postsecondary tuition and fees if the nurse practiced in South Dakota for three consecutive years following graduation from an accredited college or university.
     Section  4.  An eligible nurse may receive a reimbursement equal to seventy-five percent of the nurse's second year's postsecondary tuition and fees if the nurse practiced in South Dakota for five consecutive years following graduation from an accredited college or university.
     Section  5.  An eligible nurse may receive a reimbursement equal to seventy-five percent of the nurse's third year's postsecondary tuition and fees if the nurse practiced in South Dakota for seven consecutive years following graduation from an accredited college or university.
     Section  6.  An eligible nurse may receive a reimbursement equal to seventy-five percent of the nurse's fourth year's postsecondary tuition and fees if the nurse practiced in South Dakota for nine consecutive years following graduation from an accredited college or university.
     Section  7.  An eligible nurse may receive a reimbursement equal to twenty-five percent of the nurse's first four-year postsecondary tuition and fees if the nurse practiced in South Dakota for ten consecutive years following graduation from an accredited college or university.
     Section  8.  The secretary of the Department of Health shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
     Section  9.  The Department of Health shall promulgate rules pursuant to chapter 1-26 to prescribe application procedures, designate areas of critical need, and establish payments.