| 1 | 1 | | 25.668.16 100th Legislative Session 118 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | Senate Bill 118 |
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| 12 | 12 | | Introduced by: Senator Davis |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to direct the Department of Social Services to amend administrative rules 1 |
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| 17 | 17 | | allowing graduate students to be eligible for child care assistance. 2 |
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| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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| 19 | 19 | | Section 1. No later than September 30, 2025, the Department of Social Services shall, 4 |
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| 20 | 20 | | pursuant to chapter 1-26, provide for and file with the secretary of state, the amendment of 5 |
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| 21 | 21 | | ARSD 67:47:01:03.01 and ARSD 67:47:01:27, as set forth below: 6 |
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| 22 | 22 | | 67:47:01:03.01. Time requirements for work and education -- 7 |
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| 23 | 23 | | Exceptions. If employed, the recipient shall must be employed a minimum of 80 eighty 8 |
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| 24 | 24 | | hours a per month and must receive a salary which that is equivalent to the hourly federal 9 |
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| 25 | 25 | | minimum wage. If in school, the recipient shall must attend 80 eighty school hours a per 10 |
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| 26 | 26 | | month. If the recipient is working and attending school, the combination of actual work 11 |
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| 27 | 27 | | and school hours shall must be a minimum of 80 eighty hours a per month, and the 12 |
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| 28 | 28 | | recipient must receive a salary that is equivalent to the hourly federal minimum wage. In 13 |
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| 29 | 29 | | determining whether a recipient has met the school hour requirement, the department 14 |
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| 30 | 30 | | shall count the actual hours spent in class, work study, unpaid internships, practice 15 |
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| 31 | 31 | | teaching, and clinical work experience. 16 |
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| 32 | 32 | | The recipient has met the requirements of this section if attending a college, 17 |
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| 33 | 33 | | university, or technical institute college a minimum of 12: 18 |
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| 34 | 34 | | (1) Twelve semester credit hours; or 19 |
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| 35 | 35 | | (2) Six semester credit hours, if the recipient is pursuing a degree beyond a 20 |
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| 36 | 36 | | bachelor's degree. 21 |
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| 37 | 37 | | If the household contains both parents, each parent shall must meet the 22 |
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| 38 | 38 | | requirements of this section. 23 |
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| 39 | 39 | | A recipient who is enrolled in and physically attending a program of study or 24 |
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| 40 | 40 | | training leading to a GED or a high school diploma is exempt from the requirements of 25 |
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| 41 | 41 | | this section. 26 25.668.16 2 118 |
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| 42 | 42 | | Underscores indicate new language. |
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| 43 | 43 | | Overstrikes indicate deleted language. |
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| 44 | 44 | | Source: 18 SDR 112, effective January 9, 1992; transferred from 1 |
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| 45 | 45 | | § 67:47:01:03, 19 SDR 102, effective January 18, 1993; 21 SDR 86, effective November 2 |
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| 46 | 46 | | 6, 1994; 22 SDR 188, effective July 8, 1996; 24 SDR 30, effective September 14, 1997; 3 |
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| 47 | 47 | | 27 SDR 43, effective October 26, 2000; 33 SDR 152, effective April 4, 2007; 37 SDR 236, 4 |
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| 48 | 48 | | effective June 28, 2011; 40 SDR 229, effective June 30, 2014; 44 SDR 42, effective 5 |
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| 49 | 49 | | September 11, 2017. 6 |
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| 50 | 50 | | General Authority: SDCL 28-1-61(1). 7 |
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| 51 | 51 | | Law Implemented: SDCL 28-1-60, 28-1-61(1). 8 |
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| 52 | 52 | | Cross-References: 9 |
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| 53 | 53 | | Child care services available for certain children, § 67:47:01:03. 10 |
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| 54 | 54 | | Determination of incapacity and inability to provide child care, 11 |
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| 55 | 55 | | § 67:47:01:03.03. 12 |
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| 56 | 56 | | Certain individuals ineligible to receive child care assistance, § 67:47:01:27. 13 |
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| 57 | 57 | | 67:47:01:27. Certain individuals ineligible to receive child care 14 |
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| 58 | 58 | | assistance. The following individuals are ineligible to receive child care assistance: 15 |
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| 59 | 59 | | (1) An individual who is performing volunteer services; 16 |
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| 60 | 60 | | (2) An individual who is caring for the individual's own child; and 17 |
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| 61 | 61 | | (3) An individual providing registered or unregistered family child care who is 18 |
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| 62 | 62 | | requesting child care assistance for the individual's own children at another facility in order 19 |
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| 63 | 63 | | to increase the individual's own child care capacity; and 20 |
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| 64 | 64 | | (4) An individual who is in an educational program beyond a bachelor's degree. 21 |
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| 65 | 65 | | Source: 21 SDR 86, effective November 6, 1994; 22 SDR 188, effective July 8, 22 |
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| 66 | 66 | | 1996; 24 SDR 30, effective September 14, 1997; 37 SDR 236, effective June 28, 2011. 23 |
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| 67 | 67 | | General Authority: SDCL 28-1-61(1). 24 |
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| 68 | 68 | | Law Implemented: SDCL 28-1-60 25 |
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