179A 95th Legislative Session 565
AMENDMENT 179A FOR THE INTRODUCED BILL
Introduced by: Senator Youngberg
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
An Act to
revise the legal
notice
process
for withholding certain licenses.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 1-55-11 be AMENDED:
1-55-11. Licenses, registrations, and permits withheld from person owing debt referred to center.
No person
that owes a debt that is referred to the center may renew, obtain, or
maintain:
(1) Any
registration for any motor vehicle, motorcycle, or boat, in which the
person's name appears on the title of the motor vehicle, motorcycle,
or boat;
(2) Any
driver license as defined by subdivision 32-12-1(1); or
(3) Any
any
hunting
license, fishing license, state park permit, or camping permit;
unless the debt and cost recovery fee is either paid in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.
Section 2. That § 1-55-12 be AMENDED:
1-55-12. Hearing on debt determination dispute--Temporary license, registration, or permit.
No agency,
board, or entity of the State of South Dakota may issue, renew, or
allow an individual to maintain any motor
vehicle, motorcycle, or boat registration, driver license, hunting
license, fishing license, state park permit, or camping permit, after
receiving notice from the center that the applicant, registrant, or
licensee has a debt that is being collected by the center, unless the
applicant, registrant, or licensee has paid the debt and cost
recovery fee in full or the debtor has entered into a payment plan
with the center and payment pursuant to the plan is current.
An applicant, registrant, or licensee who disputes a determination by the center that the applicant, registrant, or licensee has a debt that has been referred to the center for collection shall, upon request, be given a due process hearing by the center. Upon recommendation by the center, the agency or entity may issue a temporary license, registration, certification, or permit to the applicant, registrant, or licensee pending final resolution of the due process hearing.
Section 3. That § 1-55-15 be AMENDED:
1-55-15. Promulgation of rules.
The Bureau of Administration may promulgate rules, pursuant to chapter 1-26, in the following areas:
(1) Definitions;
(2) Procedure for remitting moneys collected to referring entities;
(3) Processes and procedures for entering into payment agreements with debtors;
(4) A process for the imposition of the cost recovery fee;
(5) The data collection system;
(6) The centralized electronic debt management system;
(7) The settlement authority process;
(8) The
procedure for sending information to the Division of Motor Vehicles
concerning the nonrenewal of registrations for motor vehicles,
motorcycles, and boats;
(9) The
procedure for sending information to the Department of Public Safety
concerning the nonrenewal of driver licenses;
(10) The
procedure for sending information to the Department of Game, Fish and
Parks concerning the nonissuance of hunting licenses, fishing
licenses, state park permits, and camping permits; and
(11)(9) The
setoff of debt process.
Section 4. That § 25-7A-56 be AMENDED:
25-7A-56. Prohibition against issuance or renewal of professional license, registration, certification, or permit of applicant in child support arrearage--Adoption of rules by state agencies.
No state
agency or board may issue or renew the professional, sporting, or
recreational license, registration, certification, or permit of any
applicant after receiving notice from the Department of Social
Services that the applicant has support arrearages in the sum of
one
two
thousand dollars or more, unless the applicant first makes
satisfactory arrangements with the Department of Social Services for
payment of any accumulated arrearages. An applicant who disputes a
determination by the Department of Social Services that the applicant
has support arrearages of
one
two
thousand dollars or more shall, upon request, be given a due process
hearing by the department. Upon recommendation by the department, the
licensing agency or board may issue a temporary license,
registration, certification, or permit to the applicant pending final
resolution of the due process hearing. The department may promulgate
rules pursuant to chapter 1-26
to implement the provisions of this section.
The term professional license, registration, certification, or permit as specified by this section includes any profession or occupation as specified in Title 36; insurance brokers, agents, and solicitors as specified in chapter 58-30; teachers and administrators as specified in chapters 13-42 and 13-43; attorneys as specified in chapter 16-16; securities agents, securities brokers, investment advisers, or investment adviser representatives as specified in chapter 47-31B; pilots as specified in chapter 50-11; day care providers as specified in chapter 26-6; gaming employees as specified in chapter 42-7B; and law enforcement officers as specified in chapter 23-3. The state agencies or boards which govern the professions, recreational licenses, and occupations listed in this paragraph may adopt rules pursuant to chapter 1-26 to implement the provisions of this section for their particular profession or occupation.
Section 5. That § 25-7A-56.1 be AMENDED:
25-7A-56.1. Revocation, suspension, or restriction of licenses of child support obligors.
A circuit
court may revoke, suspend, or restrict a person's
drivers,
professional, occupational, sporting, or recreational license if the
person owes past‑due support, or if the person, after receiving
appropriate notice, fails to comply with a subpoena or warrant
relating to a paternity or child support proceeding.
Section 6. That § 32-12-116 be REPEALED.
32-12-116. Restrictions on issuing license to person in arrears for child support--Notice of intent to revoke license--Request for hearing--Promulgation of rules.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.