CHAPTER 166

(SB 129)

Social security number may not be used for certain identification cards.

         ENTITLED, An Act to  prohibit the display of social security numbers on driver licenses or nondriver identification cards.

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

     Section  1.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     No driver license or nondriver identification card issued after June 30, 2005, may contain the social security number of the licensee.

     Section  2.  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, residence address, an indication if the licensee is a donor pursuant to chapter 34-26, an indication if the licensee as 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 and the licensee's encrypted social security number . No barcode, or other means by which information may be retrieved electronically, may contain the licensee's social security number.

     Section  3.  That § 32-12A-20 be amended to read as follows:

     32-12A-20.   The commercial driver license shall be marked "Commercial Driver License," shall be, to the maximum extent practicable, tamper proof , and shall include the following information:

             (1)      The legal name, residential, and mailing addresses of the licensee;

             (2)      The licensee's color photograph;

             (3)      A physical description of the licensee, including sex, height, weight, and eye color;

             (4)      Date of birth;

             (5)      An indication if the licensee is a donor pursuant to chapter 34-26;

             (6)      The licensee's social security number;

             (7)      The licensee's signature;

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             (8) (7)      The class of commercial motor vehicle or vehicles which the licensee is authorized to operate, including any endorsements or restrictions;

             (9) (8)      The name of this state; and

             (10) (9)      The dates between which the commercial driver license is valid.

     Section  4.  That chapter 32-12A be amended by adding thereto a NEW SECTION to read as follows:

     No commercial driver license issued after June 30, 2005, may contain the licensee's social security number.

     Signed February 22, 2005

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