25.717.11 100th Legislative Session 1260
2025 South Dakota Legislature
House Bill 1260
HOUSE STATE AFFAIRS ENGROSSED
Introduced by: Representative Schaefbauer
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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) Sex, as defined in § 34-25-1.1; and current 10
(e) Current mailing address and residential address of the applicant, and 11
briefly; and 12
(2) Briefly describe the applicant. 13
The applicant shall state whether he the applicant has previously been licensed as 14
an operator, and, if so, when and by what state or country, and whether an application 15
has ever been refused, and, if so, the date of and reason for such the suspension, 16
revocation, or refusal. All applicants shall certify the information provided as true and 17
correct. 18
Section 2. That § 32-12-17.10 be AMENDED: 19
32-12-17.10. An operator's license, motorcycle operator's license, restricted 20
minor's permit, motorcycle restricted minor's permit, instruction permit, and motorcycle 21
instruction permit shall must bear a: 22
(1) A distinguishing number assigned to the licensee, the holder; 23
(2) The holder's full legal name or any name lawfully taken, date; 24
(3) The holder's date of birth, gender,; 25 25.717.11 2 1260
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(4) The holder's sex, as defined in § 34-25-1.1; 1
(5) The holder's principal residence address, an; 2
(6) An indication if the licensee is holder: 3
(a) Is a donor pursuant to chapter 34-26, an indication if the licensee has; 4
(b) Has a living will pursuant to chapter 34-12D or a durable power of attorney 5
for health care pursuant to chapter 59-7, an indication if the licensee is; or 6
(c) Is a veteran pursuant to the provisions of § 32-12-17.15, a; 7
(7) A full facial digital photograph, a of the holder; 8
(8) A brief description of the licensee, the licensee's holder; 9
(9) The holder's signature, security; 10
(10) Security features designed to deter forgery and counterfeiting, to promote an 11
adequate level of confidence in the authenticity of the cards, and to facilitate 12
detection of fraudulent cards, the; 13
(11) The issue date of the license, the or permit; 14
(12) The expiration date of the license, an or permit; 15
(13) An indication that the license or permit is temporary or limited term, if the holder 16
has temporary lawful status in the United States, the; 17
(14) The name of this state,; and a 18
(15) A security marking approved by the United States Department of Homeland 19
Security reflecting the level of compliance with 6 C.F.R. Part 37 as amended 20
through (January 1, 2015). 21
The department shall indicate upon each license or permit the general class of 22
vehicles that the licensee may drive. The back of the license shall or permit must contain 23
a barcode. The department shall include in the barcode the name of this state, the 24
information printed on the license or permit, the card design revision date indicating the 25
most recent change or modification to the visible format of the card, and an indicator if 26
the license or permit is temporary or limited term. No barcode, or other means by which 27
information may be retrieved electronically, may contain the licensee's social security 28
number. 29
Section 3. That § 32-12-17.2 be AMENDED: 30
32-12-17.2. The Department of Public Safety may issue upon application a 31
nondriver identification card, similar in form but distinguishable in color from a driver 32
license, to any resident of this state. Each applicant for a nondriver identification card 33
shall, as part of the application, present to the department a certified copy of a birth 34 25.717.11 3 1260
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certificate of birth or another form of evidence of date of birth and identity as allowed by 1
§ 32-12-3.1. 2
Except as provided in § 32-12-17.16, the fees for a nondriver identification card 3
are the same as prescribed for a driver license in § 32-12-16. Each nondriver identification 4
card expires on the holder's birthday in the fifth year following the issuance of the 5
nondriver identification card, or on the date of expiration of the applicant's authorized stay 6
in the United States as determined by the systematic alien verification for entitlements 7
system or alternate method approved by the United States Department of Homeland 8
Security or, if there is no expiration date, for a period no longer than one year from date 9
of issuance, whichever occurs first. Each nondriver identification card is renewable one 10
hundred eighty days before its expiration upon application and payment of the required 11
fee. Any nondriver identification card renewed before its expiration expires five years after 12
the holder's ensuing birthday, or on the date of expiration of the applicant's authorized 13
stay in the United States as determined by the systematic alien verification for 14
entitlements system or alternate method approved by the United States Department of 15
Homeland Security or, if there is no expiration date, for a period no longer than one year 16
from date of issuance, whichever occurs first. 17
The nondriver identification card must bear an: 18
(1) An indication if the holder has: 19
(a) Has a living will pursuant to chapter 34-12D or a durable power of attorney 20
for health care pursuant to chapter 59-7 and an indication if the holder is; 21
or 22
(b) Is a veteran pursuant to the provisions of § 32-12-17.15; and 23
(2) The holder's sex, as defined in § 34-25-1.1. 24
Any nondriver identification card renewed during the thirty-day period following 25
the date of expiration expires five years from the holder's previous birthday, or on the 26
date of expiration of the applicant's authorized stay in the United States as determined by 27
the systematic alien verification for entitlements system or alternate method approved by 28
the United States Department of Homeland Security or, if there is no expiration date, for 29
a period no longer than one year from date of issuance, whichever occurs first. 30
Section 4. That § 34-25-1.1 be AMENDED: 31
34-25-1.1. Terms as used in this chapter mean: 32
(1) "Authorized representative," an attorney, physician, funeral director, or other 33
designated agent acting on behalf of the family; 34 25.717.11 4 1260
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(1A)(2) "Autopsy," the post mortem post-mortem dissection and examination of a dead 1
body, including fetal tissue older than twenty-four weeks; 2
(2)(3) "Certified copy," a vital record or part thereof issued and sealed by the state 3
registrar and other entities as authorized by the department; 4
(3)(4) "Dead body," a lifeless human body or parts thereof from the state of which it may 5
reasonably be concluded that death recently occurred; 6
(4)(5) "Death certificate," a record by means of which both the fact of death record and 7
the medical certificate have been completed and filed as required by the 8
department; 9
(5)(6) "Demographic information," the information required by the state registrar to 10
describe characteristics of a registrant, the family of a registrant, and geographic 11
locations pertinent to a registrant; 12
(6)(7) "Department," the Department of Health; 13
(7)(8) "Fact of death information," the information required by the state registrar to 14
record the time and place a death occurs and to identify the person who is 15
deceased. The term does not include information regarding cause and manner of 16
death; 17
(8)(9) "Fact of death record," the portion of the death certificate that contains the fact of 18
death information and demographic information; 19
(10) "Female," an individual who naturally has, had, will have, or would have, but for a 20
congenital anomaly or intentional or unintentional disruption, the reproductive 21
system that produces, transports, and utilizes eggs for fertilization; 22
(9)(11) "Fetal death," death prior to the complete expulsion or extraction from its 23
mother of a product of human conception, irrespective of the duration of 24
pregnancy. The death is indicated by the fact that after such the expulsion or 25
extraction, the fetus does not breathe or show any other evidence of life such as, 26
including the beating of the heart, pulsation of the umbilical cord, or definite 27
movement of voluntary muscles; 28
(10)(12) "Fetus," the biological offspring, including the implanted embryo or unborn 29
child, of human parents; 30
(11)(13) "Final disposition," the burial, interment, cremation, or other disposition of a 31
dead body or fetus; 32
(12)(14) "Institution," any establishment, public or private, which that provides in-33
patient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or 34 25.717.11 5 1260
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domiciliary care to two or more unrelated individuals, or to which persons 1
individuals are committed by law; 2
(13)(15) "Live birth," the complete expulsion or extraction from its mother of a product 3
of human conception, irrespective of the duration of pregnancy, which, after such 4
expulsion or extraction, breathes or shows any other evidence of life such as, 5
including the beating of the heart, pulsation of the umbilical cord, or definite 6
movement of voluntary muscles, whether or not the umbilical cord has been cut or 7
the placenta is attached; 8
(14)(16) "Medical certificate," the portion of the death certificate that contains the 9
information regarding the cause and manner of death.; 10
(15)(17) "Male," an individual who naturally has, had, will have, or would have, but for 11
a congenital anomaly or intentional or unintentional disruption, the reproductive 12
system that produces, transports, and utilizes sperm for fertilization; 13
(18) "Sex," an individual's biological sex, either female or male; 14
(19) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, and 15
data related thereto as entered on forms prescribed by the department; and 16
(20) "System of vital Vital registration system," the process by which vital records are 17
collected, completed, amended, certified, filed, preserved, and incorporated into 18
the official records of the office of vital records, and activities related thereto 19
including the tabulation, analysis, and publication of statistical data derived from 20
such records; 21
(16) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, and 22
data related thereto as entered on forms prescribed by the department. 23
Section 5. That § 34-25-8 be AMENDED: 24
34-25-8. The birth of every child born in this state shall must be registered as 25
provided in required by this chapter. Within seven days after the date of each live birth, 26
there shall must be filed with the department by electronic means, if a facility has such 27
the capabilities, or otherwise if electronic means are not available, a certificate of such 28
birth. The certificate shall must be upon the form prescribed by the department and must 29
contain the child's: 30
(1) Date of birth; 31
(2) Place of birth; and 32
(3) Sex. 33 25.717.11 6 1260
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For certificates of birth filed after seven days, but within one year from the date of 1
birth, the department may, by rules promulgated pursuant to chapter 1-26, require 2
additional evidence in support of the facts of birth. 3
Informational copies of birth records shall must be available to any person who can 4
identify the birth record by providing the name of the person on the birth record, the date 5
of birth, the mother's maiden name, or additional information required to locate the 6
record. Nothing in this section prohibits the release of information that is contained on a 7
birth record which would and does not identify any person individual named in the record. 8
If one hundred years have elapsed after the date of birth, the records of the birth 9
in the custody of the department shall must become available to the public without 10
restriction. The department shall promulgate rules, pursuant to chapter 1-26, to provide 11
for the continued safekeeping of these records. 12
Section 6. That § 34-25-51 be AMENDED: 13
34-25-51. A Except as otherwise provided in this chapter, a vital record may be 14
amended in accordance with rules promulgated by the department pursuant to chapter 1-15
26. Each request for amending a birth, death, or marriage certificate, after one year from 16
the event, shall must be accompanied by an eight dollar eight-dollar fee to the department 17
for amending the record and filing the affidavit. 18
Section 7. That a NEW SECTION be added to chapter 34-25: 19
The date of birth, place of birth, or sex listed on a birth certificate may only be 20
amended in the following manners: 21
(1) To correct clerical or data errors identified by the health care facility at which the 22
child was born. The errors may be corrected at any time upon submission by the 23
health care facility of a notarized affidavit, together with supporting 24
documentation; 25
(2) Upon a finding of a court, by clear and convincing evidence, that the information 26
listed on the birth certificate was factually incorrect at the time it was recorded; or 27
(3) To correct the sex of a child born with a congenital anomaly, if additional testing is 28
required to accurately identify the sex. The sex may be corrected, within one year 29
from the date of birth, upon submission by the child's attending physician of a 30
notarized affidavit, together with supporting documentation, identifying the child's 31
sex as male or female. 32