An Act to increase civil penalties for commercial driver's license holders and motor carriers.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 32-12A-5.1 be AMENDED:

32-12A-5.1. The state's attorney for the county in which a violation of subdivision 32-12A-5(4) occurs shall commence a civil in rem proceeding of not more than ten thousand nineteen thousand three hundred eighty-nine dollars against the employer.

Section 2. That § 32-12A-8.1 be AMENDED:

32-12A-8.1. No person may drive a commercial motor vehicle on the highways of this state while the person or the commercial motor vehicle is subject to any out-of-service order. A violation of this section is a Class 1 misdemeanor. The court shall order any person convicted for a violation of this section to remit to the clerk of courts the civil penalty described in § 32-12A-56 or 32-12A-57, as applicable.

Section 3. That § 32-12A-56 be AMENDED:

32-12A-56. In addition to disqualification, a driver who is convicted of violating an out-of-service order pursuant to 32-12A-8.1 is subject to a civil penalty of not less than two thousand five hundred three thousand seven hundred forty dollars for a first conviction and not less than five thousand seven thousand four hundred eighty-one dollars for a second or subsequent conviction.

Section 4. That § 32-12A-57 be AMENDED:

32-12A-57. The state's attorney for the county in which the violation of subdivision 32-12A-5(3) occurs shall commence a civil in rem proceeding of not less than two thousand seven hundred fiftysix thousand seven hundred fifty-five dollars nor more than twenty-five thousand thirty-seven thousand four hundred dollars against the employer.