2005 Session Laws Chapter 164

ENTITLED, An Act to provide for the copying and retention of foreign documentation used to apply for certain state licenses, permits, and identification cards.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That § 32-12-3.1 be amended to read as follows:

32-12-3.1. 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.