25.717.10 100th Legislative Session 1260
2025 South Dakota Legislature
House Bill 1260
Introduced by: Representative Schaefbauer
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to require that birth certificates and certain official documents reflect 1
biological sex. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 32-12-3 be AMENDED: 4
32-12-3. Every application under this chapter shall state the full must: 5
(1) State the applicant's: 6
(a) Full legal name or any other name taken for lawful purposes, date; 7
(b) Date of birth, social; 8
(c) Social security number, sex,; 9
(d) Biological sex, as defined in § 34-25-1.1, listed on the applicant's birth 10
certificate; and current 11
(e) Current mailing address and residential address of the applicant, and 12
briefly; and 13
(2) Briefly describe the applicant. 14
The applicant shall state whether he the applicant has previously been licensed as 15
an operator, and, if so, when and by what state or country, and whether an application 16
has ever been refused, and, if so, the date of and reason for such the suspension, 17
revocation, or refusal. All applicants shall certify the information provided as true and 18
correct. 19
Section 2. That § 32-12-17.10 be AMENDED: 20
32-12-17.10. An operator's license, motorcycle operator's license, restricted 21
minor's permit, motorcycle restricted minor's permit, instruction permit, and motorcycle 22
instruction permit shall must bear a: 23
(1) A distinguishing number assigned to the licensee, the holder; 24
(2) The holder's full legal name or any name lawfully taken, date; 25 25.717.10 2 1260
Underscores indicate new language.
Overstrikes indicate deleted language.
(3) The holder's date of birth, gender,; 1
(4) The holder's biological sex, as defined in § 34-25-1.1, listed on the holder's birth 2
certificate; 3
(5) The holder's principal residence address, an; 4
(6) An indication if the licensee is holder: 5
(a) Is a donor pursuant to chapter 34-26, an indication if the licensee has; 6
(b) Has a living will pursuant to chapter 34-12D or a durable power of attorney 7
for health care pursuant to chapter 59-7, an indication if the licensee is; or 8
(c) Is a veteran pursuant to the provisions of § 32-12-17.15, a; 9
(7) A full facial digital photograph, a of the holder; 10
(8) A brief description of the licensee, the licensee's holder; 11
(9) The holder's signature, security; 12
(10) Security features designed to deter forgery and counterfeiting, to promote an 13
adequate level of confidence in the authenticity of the cards, and to facilitate 14
detection of fraudulent cards, the; 15
(11) The issue date of the license, the or permit; 16
(12) The expiration date of the license, an or permit; 17
(13) An indication that the license or permit is temporary or limited term, if the holder 18
has temporary lawful status in the United States, the; 19
(14) The name of this state,; and a 20
(15) A security marking approved by the United States Department of Homeland 21
Security reflecting the level of compliance with 6 C.F.R. Part 37 as amended 22
through (January 1, 2015). 23
The department shall indicate upon each license or permit the general class of 24
vehicles that the licensee may drive. The back of the license shall or permit must contain 25
a barcode. The department shall include in the barcode the name of this state, the 26
information printed on the license or permit, the card design revision date indicating the 27
most recent change or modification to the visible format of the card, and an indicator if 28
the license or permit is temporary or limited term. No barcode, or other means by which 29
information may be retrieved electronically, may contain the licensee's social security 30
number. 31
Section 3. That § 32-12-17.2 be AMENDED: 32
32-12-17.2. The Department of Public Safety may issue upon application a 33
nondriver identification card, similar in form but distinguishable in color from a driver 34 25.717.10 3 1260
Underscores indicate new language.
Overstrikes indicate deleted language.
license, to any resident of this state. Each applicant for a nondriver identification card 1
shall, as part of the application, present to the department a certified copy of a birth 2
certificate of birth or another form of evidence of date of birth and identity as allowed by 3
§ 32-12-3.1. 4
Except as provided in § 32-12-17.16, the fees for a nondriver identification card 5
are the same as prescribed for a driver license in § 32-12-16. Each nondriver identification 6
card expires on the holder's birthday in the fifth year following the issuance of the 7
nondriver identification card, or on the date of expiration of the applicant's authorized stay 8
in the United States as determined by the systematic alien verification for entitlements 9
system or alternate method approved by the United States Department of Homeland 10
Security or, if there is no expiration date, for a period no longer than one year from date 11
of issuance, whichever occurs first. Each nondriver identification card is renewable one 12
hundred eighty days before its expiration upon application and payment of the required 13
fee. Any nondriver identification card renewed before its expiration expires five years after 14
the holder's ensuing birthday, or on the date of expiration of the applicant's authorized 15
stay in the United States as determined by the systematic alien verification for 16
entitlements system or alternate method approved by the United States Department of 17
Homeland Security or, if there is no expiration date, for a period no longer than one year 18
from date of issuance, whichever occurs first. 19
The nondriver identification card must bear an: 20
(1) An indication if the holder has: 21
(a) Has a living will pursuant to chapter 34-12D or a durable power of attorney 22
for health care pursuant to chapter 59-7 and an indication if the holder is; 23
or 24
(b) Is a veteran pursuant to the provisions of § 32-12-17.15; and 25
(2) The holder's biological sex, as defined in § 34-25-1.1, listed on the holder's birth 26
certificate. 27
Any nondriver identification card renewed during the thirty-day period following 28
the date of expiration expires five years from the holder's previous birthday, or on the 29
date of expiration of the applicant's authorized stay in the United States as determined by 30
the systematic alien verification for entitlements system or alternate method approved by 31
the United States Department of Homeland Security or, if there is no expiration date, for 32
a period no longer than one year from date of issuance, whichever occurs first. 33
Section 4. That § 34-25-1.1 be AMENDED: 34 25.717.10 4 1260
Underscores indicate new language.
Overstrikes indicate deleted language.
34-25-1.1. Terms as used in this chapter mean: 1
(1) "Authorized representative," an attorney, physician, funeral director, or other 2
designated agent acting on behalf of the family; 3
(1A)(2) "Autopsy," the post mortem post-mortem dissection and examination of a dead 4
body, including fetal tissue older than twenty-four weeks; 5
(3) "Biological sex," the physical condition of being female or male, as determined by 6
chromosomes and anatomy at birth, or as provided in section 8 of this Act; 7
(2)(4) "Certified copy," a vital record or part thereof issued and sealed by the state 8
registrar and other entities as authorized by the department; 9
(3)(5) "Dead body," a lifeless human body or parts thereof from the state of which it may 10
reasonably be concluded that death recently occurred; 11
(4)(6) "Death certificate," a record by means of which both the fact of death record and 12
the medical certificate have been completed and filed as required by the 13
department; 14
(5)(7) "Demographic information," the information required by the state registrar to 15
describe characteristics of a registrant, the family of a registrant, and geographic 16
locations pertinent to a registrant; 17
(6)(8) "Department," the Department of Health; 18
(7)(9) "Fact of death information," the information required by the state registrar to 19
record the time and place a death occurs and to identify the person who is 20
deceased. The term does not include information regarding cause and manner of 21
death; 22
(8)(10) "Fact of death record," the portion of the death certificate that contains the fact 23
of death information and demographic information; 24
(9)(11) "Fetal death," death prior to the complete expulsion or extraction from its 25
mother of a product of human conception, irrespective of the duration of 26
pregnancy. The death is indicated by the fact that after such the expulsion or 27
extraction, the fetus does not breathe or show any other evidence of life such as, 28
including the beating of the heart, pulsation of the umbilical cord, or definite 29
movement of voluntary muscles; 30
(10)(12) "Fetus," the biological offspring, including the implanted embryo or unborn 31
child, of human parents; 32
(11)(13) "Final disposition," the burial, interment, cremation, or other disposition of a 33
dead body or fetus; 34 25.717.10 5 1260
Underscores indicate new language.
Overstrikes indicate deleted language.
(12)(14) "Institution," any establishment, public or private, which that provides in-1
patient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or 2
domiciliary care to two or more unrelated individuals, or to which persons 3
individuals are committed by law; 4
(13)(15) "Live birth," the complete expulsion or extraction from its mother of a product 5
of human conception, irrespective of the duration of pregnancy, which, after such 6
expulsion or extraction, breathes or shows any other evidence of life such as, 7
including the beating of the heart, pulsation of the umbilical cord, or definite 8
movement of voluntary muscles, whether or not the umbilical cord has been cut or 9
the placenta is attached; 10
(14)(16) "Medical certificate," the portion of the death certificate that contains the 11
information regarding the cause and manner of death.; 12
(15)(17) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, 13
and data related thereto as entered on forms prescribed by the department; and 14
(18) "System of vital Vital registration system," the process by which vital records are 15
collected, completed, amended, certified, filed, preserved, and incorporated into 16
the official records of the office of vital records, and activities related thereto 17
including the tabulation, analysis, and publication of statistical data derived from 18
such records; 19
(16) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, and 20
data related thereto as entered on forms prescribed by the department. 21
Section 5. That § 34-25-8 be AMENDED: 22
34-25-8. The birth of every child born in this state shall must be registered as 23
provided in required by this chapter. Within seven days after the date of each live birth, 24
there shall must be filed with the department by electronic means, if a facility has such 25
the capabilities, or otherwise if electronic means are not available, a certificate of such 26
birth. The certificate shall must be upon the form prescribed by the department and must 27
contain the child's biological sex. For certificates of birth filed after seven days, but within 28
one year from the date of birth, the department may, by rules promulgated pursuant to 29
chapter 1-26, require additional evidence in support of the facts of birth. 30
Informational copies of birth records shall must be available to any person who can 31
identify the birth record by providing the name of the person on the birth record, the date 32
of birth, the mother's maiden name, or additional information required to locate the 33 25.717.10 6 1260
Underscores indicate new language.
Overstrikes indicate deleted language.
record. Nothing in this section prohibits the release of information that is contained on a 1
birth record which would and does not identify any person individual named in the record. 2
If one hundred years have elapsed after the date of birth, the records of the birth 3
in the custody of the department shall must become available to the public without 4
restriction. The department shall promulgate rules, pursuant to chapter 1-26, to provide 5
for the continued safekeeping of these records. 6
Section 6. That § 34-25-51 be AMENDED: 7
34-25-51. A Except as otherwise provided in this chapter, a vital record may be 8
amended in accordance with rules promulgated by the department pursuant to chapter 1-9
26. Each request for amending a birth, death, or marriage certificate, after one year from 10
the event, shall must be accompanied by an eight dollar eight-dollar fee to the department 11
for amending the record and filing the affidavit. 12
Section 7. That a NEW SECTION be added to chapter 34-25: 13
Except as provided in section 8 of this Act, the biological sex listed on a birth 14
certificate may only be amended in accordance with a court order upon a finding that the 15
individual's biological sex is inaccurate. 16
This section does not apply to clerical or data errors identified by the health care 17
facility at which the child was born. The errors may be corrected at any time upon 18
submission by the health care facility of a notarized affidavit, together with supporting 19
documentation. 20
Section 8. That a NEW SECTION be added to chapter 34-25: 21
If a child is born with a physiological disorder that renders the child's biological sex 22
not identifiable at birth as male or female, based upon externally observable reproductive 23
anatomy, the attending physician must make a presumptive determination of the child's 24
biological sex. That determination may be amended, at any time, based on genetic 25
analysis and an evaluation of the child's naturally occurring internal and external 26
reproductive anatomy. 27