13-53-34. Factors relevant to change in nonresident status and predominant purpose for physical presence in state.

248 words·~1 min read·/sd/title-13/chapter-13-53/13-53-34

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following factors are relevant in evaluating a requested change in a student's nonresident status and in evaluating whether the person's physical presence in South Dakota is for the predominant purpose of attending a college, university, or other institution of higher education:

(1)The residence of a student's parents or guardians;

(2)The situs of the source of the student's income;

(3)To whom a student pays taxes, including property taxes;

(4)The state in which a student's automobile is registered;

(5)The state issuing the student's driver's license;

(6)Where the student is registered to vote;

(7)Deleted by SL 2013, ch 89, § 3;

(8)Ownership of property in South Dakota and outside of South Dakota;

(9)The residence claimed by the student on loan application, federal income tax returns, and other documents;

(10)Admission to a licensed profession in South Dakota;

(11)Membership in civic, community, and other organizations in South Dakota or elsewhere; and

(12)The facts and documents pertaining to the person's past and existing status as a student.

The existence of one or more of these factors does not require a finding of resident student status, nor does the nonexistence of one or more require a finding of nonresident student status. All factors shall be considered in combination and resident student status may not result from the doing of acts which are required or routinely done by sojourners in the state or which are merely auxiliary to the fulfillment of educational purposes.