The changes are purely procedural and formatting—the amendment converted the introduced version to the enrolled version by removing tracking language (underscores and strikethrough indicators), updating the bill designation from "26.848.9" to "26.848.10," and reformatting the header, with no substantive changes to the bill's requirements for reporting foreign funding to South Dakota's higher education institutions.
26.848.9 26.848.10 101st Legislative Session 1311 2026 South Dakota Legislature House Bill 1311 Introduced by: Representative Peterson (Drew) Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to require the reporting of funding given by certain persons and governments 1 to institutions under the control of the Board of Regents and the South Dakota 2 Board of Technical Education. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That a NEW SECTION be added to chapter 13-39A: 5 Terms used in sections 1 and 2 of this Act mean: 6 (1) "Foreign entity," any organization that is: 7 (a) Registered outside of the United States or its territories; 8 (b) More than ten percent owned by a foreign government or foreign person; 9 or 10 (c) Owned, to any extent, by a foreign government or foreign person from a 11 country listed in subdivision (4); 12 (2) "Foreign government," a government or state-controlled enterprise of a 13 government, other than the United States, its states, its territories, or its federally 14 recognized Indian tribes; 15 (3) "Foreign person," an individual who is not a United States citizen or a resident; 16 (4) "Foreign source," a foreign entity from, foreign government from, or foreign person 17 from: 18 (a) The People’s Republic of China; 19 (b) The Republic of Cuba; 20 (c) The Islamic Republic of Iran; 21 (d) The Democratic People's Republic of Korea; 22 (e) The Russian Federation; or 23 (f) The Bolivarian Republic of Venezuela; and 24 (5) "Funding," any award, capital investment, compensation, contract, donation, 25 endowment, fee, gift, grant, payment in exchange for services, salary, or wage, 26 26.848.9 26.848.10 2 1311 Underscores indicate new language. Overstrikes indicate deleted language. HB1311 ENROLLED but does not include a payment for tuition or related fees made to support an 1 individual enrolled as a student at an institution under the control of the South 2 Dakota Board of Technical Education. 3 Section 2. That a NEW SECTION be added to chapter 13-39A: 4 The South Dakota Board of Technical Education must disclose, in an annual report, 5 any funding given by a foreign source, as defined in section 1 of this Act, directly to the 6 board or an institution under the board's control. 7 The report must identify, for each instance of funding received by an institution 8 during the period beginning July first of the previous year and ending June thirtieth of the 9 current year: 10 (1) The amount and source of the funding; 11 (2) A description of the type and purpose of the funding; 12 (3) Whether the funding is part of an ongoing relationship with the foreign source; 13 (4) A description of the foreign source providing the funding, including the name and 14 address of the foreign entity or foreign person providing the funding, if applicable; 15 and 16 (5) A copy of any document associated with the funding. 17 The report must be published on the South Dakota Board of Technical Education's 18 website on or before August thirty-first of each year. 19 This section does not require the disclosure of information that is otherwise deemed 20 confidential under state or federal law. 21 The requirements of this section apply only to funding received on or after July 1, 22 2026. 23 Section 3. That a NEW SECTION be added to chapter 13-49: 24 Terms used in sections 3 and 4 of this Act mean: 25 (1) "Foreign entity," any organization that is: 26 (a) Registered outside of the United States or its territories; 27 (b) More than ten percent owned by a foreign government or foreign person; 28 or 29 (c) Owned, to any extent, by a foreign government or foreign person from a 30 country listed in subdivision (4); 31 26.848.9 26.848.10 3 1311 Underscores indicate new language. Overstrikes indicate deleted language. HB1311 ENROLLED (2) "Foreign government," a government or state-controlled enterprise of a 1 government, other than the United States, its states, its territories, or its federally 2 recognized Indian tribes; 3 (3) "Foreign person," an individual who is not a United States citizen or a resident; 4 (4) "Foreign source," a foreign entity from, foreign government from, or foreign person 5 from: 6 (a) The People’s Republic of China; 7 (b) The Republic of Cuba; 8 (c) The Islamic Republic of Iran; 9 (d) The Democratic People's Republic of Korea; 10 (e) The Russian Federation; or 11 (f) The Bolivarian Republic of Venezuela; and 12 (5) "Funding," any award, capital investment, compensation, contract, donation, 13 endowment, fee, gift, grant, payment in exchange for services, salary, or wage, 14 but does not include a payment for tuition or related fees made to support an 15 individual enrolled as a student at an institution under the control of the Board of 16 Regents. 17 Section 4. That a NEW SECTION be added to chapter 13-49: 18 The Board of Regents must disclose, in an annual report, any funding given by a 19 foreign source, as defined in section 3 of this Act, directly to the board or an institution 20 under the board's control. 21 The report must identify, for each instance of funding received by an institution 22 during the period beginning July first of the previous year and ending June thirtieth of the 23 current year: 24 (1) The amount and source of the funding; 25 (2) A description of the type and purpose of the funding; 26 (3) Whether the funding is part of an ongoing relationship with the foreign source; 27 (4) A description of the foreign source providing the funding, including the name and 28 address of the foreign entity or foreign person providing the funding, if applicable; 29 and 30 (5) A copy of any agreement, contract, or memorandum of understanding associated 31 with the funding. 32 The report must be published on the Board of Regent's website on or before August 33 thirty-first of each year. 34 26.848.9 26.848.10 4 1311 Underscores indicate new language. Overstrikes indicate deleted language. HB1311 ENROLLED This section does not require the disclosure of information that is otherwise deemed 1 confidential under state or federal law. 2 The requirements of this section apply only to funding received on or after July 1, 3 2026. 4 26.848.10 5 1311 HB1311 ENROLLED An Act to require the reporting of funding given by certain persons and governments to institutions under the control of the Board of Regents and the South Dakota Board of Technical Education. I certify that the attached Act originated in the: House as Bill No. 1311 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1311 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State