South Dakota 2025 2025 Regular Session

South Dakota Senate Bill SB75 Comm Sub / Bill

Filed 02/27/2025

                    25.369.11 	100th Legislative Session 	75 
 
 
2025 South Dakota Legislature 
Senate Bill 75 
HOUSE STATE AFFAIRS ENGROSSED 
 
  
  
 
 
Introduced by: Senator Hulse 
 
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  Overstrikes indicate deleted language. 
An Act to require an indication of United States citizenship status on a motor vehicle 1 
operator's license or permit, and on a nondriver identification card. 2 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 
Section 1. That § 32-12-17.10 be AMENDED: 4 
32-12-17.10. An operator's license, motorcycle operator's license, restricted 5 
minor's permit, motorcycle restricted minor's permit, instruction permit, and motorcycle 6 
instruction permit shall must bear a: 7 
(1) A distinguishing number assigned to the licensee, the; 8 
(2) The full legal name or any name lawfully taken,; 9 
(3) The holder's date of birth,; 10 
(4) The holder's gender, sex; 11 
(5) The holder's principal residence address, an; 12 
(6) An indication if the licensee is a donor pursuant to chapter 34-26, an; 13 
(7) An indication if the licensee has a living will pursuant to chapter 34-12D or a 14 
durable power of attorney for health care pursuant to chapter 59-7, an; 15 
(8) An indication if the licensee is a veteran pursuant to the provisions of § 32-12-16 
17.15, a; 17 
(9) A full facial digital photograph, a; 18 
(10) A brief description of the licensee, the; 19 
(11) The licensee's signature, security; 20 
(12) Security features designed to deter forgery and counterfeiting, to promote an 21 
adequate level of confidence in the authenticity of the cards, and to facilitate 22 
detection of fraudulent cards, the; 23 
(13) The issue date of the license, the; 24 
(14) The expiration date of the license, an; 25  25.369.11 	2 	75 
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(15) An indication that the license is temporary or for a limited term if the holder has 1 
temporary lawful status in the United States, the; 2 
(16) An indication if the holder is a United States citizen; 3 
(17) The name of this state,; and a 4 
(18) A security marking approved by the United States Department of Homeland 5 
Security reflecting the level of compliance with 6 C.F.R. Part 37 as amended 6 
through (January 1, 2015. The department shall indicate upon each license); and 7 
(19) An indication of the general class of vehicles that the licensee may drive. 8 
The back of the license shall must contain a barcode. The department shall include 9 
in the barcode the name of this state, the information printed on the license, the card 10 
design revision date indicating the most recent change or modification to the visible format 11 
of the card, and an indicator if the license is temporary or limited term. No barcode, or 12 
other means by which information may be retrieved electronically, may contain the 13 
licensee's social security number. 14 
Section 2. That § 32-12-17.2 be AMENDED: 15 
32-12-17.2. The Department of Public Safety may issue upon application a 16 
nondriver identification card, similar in form but distinguishable in color from a driver 17 
license, to any resident of this state. Each applicant for a nondriver identification card 18 
shall, as part of the application, present to the department a certified copy of a certificate 19 
of birth or another form of evidence of date of birth and identity as allowed by § 32-12-20 
3.1. 21 
Except as provided in § 32-12-17.16, the fees for a nondriver identification card 22 
are the same as prescribed for a driver license in § 32-12-16. Each nondriver identification 23 
card expires on the holder's birthday in the fifth year following the issuance of the 24 
nondriver identification card, or on the date of expiration of the applicant's authorized stay 25 
in the United States as determined by the systematic alien verification for entitlements 26 
system or alternate method approved by the United States Department of Homeland 27 
Security or, if there is no expiration date, for a period no longer than one year from date 28 
of issuance, whichever occurs first. Each nondriver identification card is renewable one 29 
hundred eighty days before its expiration upon application and payment of the required 30 
fee. Any nondriver identification card renewed before its expiration expires five years after 31 
the holder's ensuing birthday, or on the date of expiration of the applicant's authorized 32 
stay in the United States as determined by the systematic alien verification for 33 
entitlements system or alternate method approved by the United States Department of 34  25.369.11 	3 	75 
  	Underscores indicate new language. 
  Overstrikes indicate deleted language. 
Homeland Security or, if there is no expiration date, for a period no longer than one year 1 
from date of issuance, whichever occurs first. 2 
The nondriver identification card must bear an indication if the holder has: 3 
(1) Has a living will pursuant to chapter 34-12D or a durable power of attorney for 4 
health care pursuant to chapter 59-7 and an indication if the holder is; 5 
(2) Is a veteran pursuant to the provisions of § 32-12-17.15; and 6 
(3) Is a United States citizen. 7 
Any nondriver identification card renewed during the thirty-day period following 8 
the date of expiration expires five years from the holder's previous birthday, or on the 9 
date of expiration of the applicant's authorized stay in the United States as determined by 10 
the systematic alien verification for entitlements system or alternate method approved by 11 
the United States Department of Homeland Security or, if there is no expiration date, for 12 
a period no longer than one year from date of issuance, whichever occurs first. 13