State of South Dakota
SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY,
2002
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913H0527
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HOUSE HEALTH AND HUMAN SERVICES
COMMITTEE ENGROSSED
NO.
HB 1258
-
01/28/2002
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Introduced by:
Representatives Hunhoff, Abdallah, Begalka, Broderick, Elliott, Frost,
Heineman, Holbeck, Kooistra, Michels, Murschel, Olson (Mel), Peterson
(Bill), Sebert, Solum, Sutton (Duane), Van Etten, and Van Gerpen and
Senators Olson (Ed), Albers, Brown (Arnold), Cradduck, de Hueck,
McCracken, Moore, and Volesky
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FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the nurses' education
assistance loan program, to assess a fee on certain health care facilities for the program, and
to make an appropriation for the program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
36-9-77
be amended to read as follows:
36-9-77.
Funding for the nurses' education assistance loan program shall be established as
follows:
(1)
By setting aside in a special account ten dollars of each registered nurse and licensed
practical nurse biennial license renewal fee;
(2)
By principal and interest payments from
scholarship or
loan recipients;
(3)
Donations and bequests from individuals wishing to further the intent of the nurses'
education assistance loan program;
(4)
By assessing a fee of ten dollars for each licensed bed in each health care facility
licensed under chapter 34-12;
(5)
Additional funds
by appropriation or
as
may from time to time be
designated by the
board.
Section
2.
That chapter
36-9
be amended by adding thereto a NEW SECTION to read as
follows:
Each health care facility licensed pursuant to chapter 34-12 shall annually pay the fee
assessed in
§
36-9-77 to the South Dakota Board of Nursing. The board shall deposit the fee in
the special account for the nurses' education assistance program.
Section
3.
That
§
36-9-80
be amended to read as follows:
36-9-80.
Distributions from the nurses' education assistance loan program are subject to the
following:
(1)
The amount of each loan shall be determined annually by the South Dakota Board of
Nursing but may not exceed the sum of
one
four
thousand dollars per full academic
year;
(2)
Funds on loan from this program shall be disbursed on an annual basis
and shall be
disbursed to the institution which the applicant attends and not directly to the loan
recipient
or more frequent basis, as determined by the board, directly to the recipient
.
The
institution
recipient
may only
credit
use
nurses' education assistance loan program
funds
to
for
the payment of tuition, books, fees, and other direct educational
expenses. Room and board may not be considered a direct educational expense.
Section
4.
That
§
36-9-82
be amended to read as follows:
36-9-82.
Any loans made from the nurses' education assistance loan program to qualified
applicants may be repaid by nursing employment in South Dakota after graduation as follows:
(1)
Within sixty days after graduation or South Dakota nursing employment, loan
recipients desiring this method of repayment shall provide the South Dakota Board
of Nursing with the name and address of their South Dakota employer;
(2)
The loan including accrued interest shall be deemed repaid at the rate of
one dollar
two dollars
per hour of South Dakota nursing employment;
(3)
Employment repayment may only be accomplished when a completed, notarized
employment affidavit is received from the nursing employer. Employment affidavits
may be submitted by the loan recipients monthly, quarterly, or annually. Upon receipt
of the notarized employment affidavit the loan recipient shall be given loan repayment
credit in accordance with the provisions of this section. Upon payment in full of the
loan amount plus accrued interest, the notes shall be cancelled and returned to the
loan recipient;
(4)
If a loan recipient's South Dakota nursing employment is terminated before the
complete repayment of the loan amount plus accrued interest, the loan recipient shall
immediately contact the South Dakota Board of Nursing and establish a repayment
program for the remaining balance of the loan amount plus accrued interest in
accordance with the provisions of
§
36-9-83.
Section
5.
There is hereby appropriated from the general fund the sum of eight hundred
thousand dollars ($800,000), which is approximately equivalent to twenty-five percent of the
annual investment income of the education enhancement trust fund, or so much thereof as may
be necessary, to the South Dakota Board of Nursing for the nurses' education assistance program
established pursuant to
§
36-9-77 .
Section
6.
The executive secretary of the Board of Nursing 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, 2003, shall revert in accordance with
§
4-8-21.
