State of South Dakota
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EIGHTY-SEVENTH SESSION LEGISLATIVE ASSEMBLY, 2012 |
970T0321 | HOUSE BILL NO. 1169 |
Introduced by: Representatives Russell, Greenfield, Hubbel, Jensen, Killer, Kirkeby, Kopp,
Nelson (Stace), Olson (Betty), Venner, and Verchio and Senators Adelstein,
Begalka, Maher, Novstrup (Al), and Rampelberg
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documents. The examiner shall record the acceptance of any alternative document under the exceptions process. The Department of Public Safety may not require new evidence of birth at the time an application is made by a person holding an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver identification card, if that person's driver license or nondriver identification card meets the requirements of 6 C.F.R. Part 37 as amended through January 1, 2009, is acceptable by federal agencies for official purposes, and is turned in to the department with the application. Any person who obtains a driver license or nondriver identification card pursuant to this section fraudulently or by use of a fraudulently obtained document is guilty of a Class 1 misdemeanor. Any applicant under this chapter shall, on making application for an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver identification card, present to the examiner a certified copy of a United States birth certificate issued in or by a city, county, or state, a tribal identification card that provides evidence that a certified birth certificate issued by a city, county, or state was used to obtain the tribal identification card and is in a form and content acceptable to the Department of Public Safety, a naturalization and immigration record authorizing the applicant's presence in the United States, or a valid passport. If any of the documentation offered by the applicant includes a naturalization and immigration record or has been issued by a foreign country or jurisdiction, the department shall make a copy of the documentation and shall retain the copy for one year from the date the copy was made or until the expiration of any license, permit, or identification card issued in reliance upon the documentation, whichever is later. The examiner may accept other evidence of birth only if the examiner is satisfied that the applicant cannot, for good reason beyond the applicant's control, produce such primary documents. The Department of Public
Safety may not require new evidence of birth at the time an application is made by a person
holding an operator's license, motorcycle operator's license, restricted minor's permit,
motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or
nondriver identification card, if that person's driver license or nondriver identification card is
turned in to the department with the application. Any person who obtains a driver license or
nondriver identification card pursuant to this section fraudulently or by use of a fraudulently
obtained document is guilty of a Class 2 misdemeanor
Section 4. That § 32-12-3.3 be repealed.
32-12-3.3. Any applicant under the provisions of this chapter shall, on making application
for an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle
restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver
identification card, present to the examiner evidence of lawful status in the United States. If the
applicant has presented one of the identity documents listed under subdivision 32-12-3.1(1), (2),
(3), (4), (5), (6), (7), or (10), the document is satisfactory evidence of lawful status. If the
applicant presents the identity documents listed under subdivision 32-12-3.1(8) or (9), the
document is not satisfactory evidence of lawful status. Such applicant shall also present a
second document from subdivision 32-12-3.1(1), (2), (3), (4), (5), (6), (7), or (10) or
documentation issued by the United States Department of Homeland Security or other federal
agencies demonstrating lawful status as determined by the United States Citizenship and
Immigration Services through the systematic alien verification for entitlements system or
alternate method approved by the United States Department of Homeland Security.
Section 5. That § 32-12-3.4 be repealed.
32-12-3.4. Any applicant under the provisions of this chapter who has been assigned a social
security account number shall, on making application for an operator's license, motorcycle
operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction
permit, motorcycle instruction permit, or nondriver identification card, present to the examiner
a Social Security Administration account number card. If a Social Security Administration
account number card is not available, the applicant may present any of the following documents
bearing the applicant's social security number:
of evidence of date of birth and identity as allowed by § 32-12-3.1. The fee for an original or reissued nondriver identification card is the same as prescribed for an original driver license in § 32-12-16. Each nondriver identification card expires on the holder's birthday in the fifth year following the issuance of the nondriver identification card, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first. Each nondriver identification card is renewable one hundred eighty days before its expiration upon application and payment of the required fee. Any nondriver identification card renewed before its expiration expires five years after the holder's ensuing birthday, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first. The nondriver identification card shall bear an indication if the holder has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7. Any nondriver identification card renewed during the thirty-day period following the date of expiration expires five years from the holder's previous birthday, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first. The Department of Public Safety may issue upon application a nondriver identification card, similar in form but distinguishable in color from driver licenses, to any resident of South Dakota. Each applicant for a nondriver
identification card shall, as part of the application, present to the department a certified copy of
a certificate of birth or another form of evidence of birth as allowed by § 32-12-3.1. The fee for
an original or reissued nondriver identification card is the same as prescribed for an original
driver license in § 32-12-16. Each nondriver identification card expires on the holder's birthday
in the fifth year following the issuance of the nondriver identification card, or on the same date
as the expiration date on the valid documents authorizing the applicant's presence in the United
States in accordance with § 32-12-3.1, whichever occurs first. Each nondriver identification card
is renewable one hundred eighty days before its expiration upon application and payment of the
required fee. Any nondriver identification card renewed before its expiration expires five years
after the holder's ensuing birthday, or on the same date as the expiration date on the valid
documents authorizing the applicant's presence in the United States in accordance with
§ 32-12-3.1, whichever occurs first. The nondriver identification card shall bear an indication
if the holder has a living will pursuant to chapter 34-12D or a durable power of attorney for
health care pursuant to chapter 59-7. Any nondriver identification card renewed during the
thirty-day period following the date of expiration expires five years from the holder's previous
birthday, or on the same date as the expiration date on the valid documents authorizing the
holder's presence in the United States in accordance with § 32-12-3.1, whichever occurs first.
Section 8. That § 32-12-17.10 be amended to read as follows:
32-12-17.10. An operator's license, motorcycle operator's license, restricted minor's permit,
motorcycle restricted minor's permit, instruction permit, and motorcycle instruction permit shall
bear a distinguishing number assigned to the licensee, the full legal name or any name lawfully
taken, date of birth, gender, principal residence address, an indication if the licensee is a donor
pursuant to chapter 34-26, an indication if the licensee has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7, a full facial digital
photograph, a brief description of the licensee, the licensee's signature, security features designed to deter forgery and counterfeiting, to promote an adequate level of confidence in the authenticity of the cards, and to facilitate detection of fraudulent cards, the issue date of the license, the expiration date of the license, an indication that the license is temporary or limited term if the holder has temporary lawful status in the United States, the name of this state, and a security marking approved by the United States Department of Homeland Security reflecting the level of compliance with 6 C.F.R. Part 37 as amended through January 1, 2009. The department shall indicate upon each license the general class of vehicles that the licensee may drive. The back of the license shall contain a barcode. The department shall include in the barcode the name of this state, the information printed on the license, the card design revision date indicating the most recent change or modification to the visible format of the card, and an indicator if the license is temporary or limited term. No barcode, or other means by which information may be retrieved electronically, may contain the licensee's social security number. An operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, and motorcycle instruction permit shall bear a distinguishing number assigned to the licensee, the full legal name or any name lawfully taken, date of birth, residence address, an indication if the licensee is a donor pursuant to chapter 34-26, an indication if the licensee has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7, a color photo, and a brief description of the licensee, and the licensee's signature. The department shall indicate upon each license the general class of vehicles that the licensee may drive. If a barcode, or other means by which information may be retrieved electronically, is placed on the license, the data field may contain the information printed on the license. No barcode, or other means by which information may be retrieved electronically, may contain the licensee's social security number.
licensee shall take the knowledge test as required by § 32-12-4. Any license renewed during the
thirty-day period following the date of expiration expires five years from the licensee's previous
birthday, or on the date of expiration of the applicant's authorized stay in the United States as
determined by the systematic alien verification for entitlements system or alternate method
approved by the United States Department of Homeland Security or, if there is no expiration
date, for a period no longer than one year from date of issuance, whichever occurs first. Each
operator's license, motorcycle operator's license, restricted minor's permit, or motorcycle
restricted minor's permit expires on the licensee's birthday in the fifth year following the
issuance of the license, or on the same date as the expiration date on the valid documents
authorizing the applicant's presence in the United States in accordance with § 32-12-3.1,
whichever occurs first. Each operator's license, motorcycle operator's license, restricted minor's
permit, or motorcycle restricted minor's permit is renewable one hundred eighty days before its
expiration upon application and payment of the required fee. Any license renewed before its
expiration expires five years after the licensee's ensuing birthday, or on the same date as the
expiration date on the valid documents authorizing the applicant's presence in the United States
in accordance with § 32-12-3.1, whichever occurs first. However, the department shall waive
the knowledge and driving tests for renewal, if the licensee applies and makes payment of the
required fee within thirty days following the expiration date. If the licensee applies and makes
payment of the required fee thirty-one or more days after the expiration date of the license, the
licensee shall take the knowledge test as required by § 32-12-4. Any license renewed during the
thirty-day period following the date of expiration expires five years from the licensee's previous
birthday, or on the same date as the expiration date on the valid documents authorizing the
applicant's presence in the United States in accordance with § 32-12-3.1, whichever occurs first.
Section 11. That § 32-12-42.2 be repealed.