2018 House Bill 1244 - House Judiciary

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

837Z0801   HOUSE JUDICIARY ENGROSSED    NO.  HB 1244 -  2/5/2018  
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
Introduced by:    Representatives Rozum, Barthel, Brunner, Campbell, Carson, Conzet, Diedrich, Frye-Mueller, Glanzer, Greenfield (Lana), Heinemann, Holmes, Howard, Lust, McCleerey, Mills, Reed, Rhoden, Schoenfish, Smith, Turbiville, Wiese, Willadsen, and York and Senators Klumb, Bolin, Curd, Maher, Rusch, Solano, and Stalzer
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the renewal of driver licenses by a member of the armed forces and their families.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1.  That § 32-12-45 be amended to read:
    32-12-45. A valid South Dakota operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit held by any person who enters or is in active duty member of the United States armed forces, or held by a spouse or a dependent of any active duty military member serving outside this state, shall continue in full force and effect so long as the service continues and the person remains absent from this state, and for not to exceed thirty ninety days following the date on which the holder of such the license is honorably separated from such service or returns to this state, whichever is earlier, unless the license is sooner suspended, canceled, or

revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has military-issued identification, orders, discharge or separation papers, if discharged or separated from the service, in the licensee's immediate possession. A license may also be renewed electronically or by mail pursuant to § 32-12-43.1. To renew the license by mail, the holder shall mail to the Department of Public Safety the appropriate fee pursuant to § 32-12-16, an affidavit signed by the holder which states that the holder is a member of the United States armed forces and is in good health, and an affidavit signed by a licensed optometrist or ophthalmologist that supplies proof that the holder has adequate eyesight. Any person renewing a permit or license under this section more than thirty days after the expiration date on the permit or license may be required to show military identification, orders, separation, or discharge papers.
    Section 2. That § 32-12-45.1 be repealed.
    32-12-45.1. A valid South Dakota operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit held by a dependent of a member of the United States armed forces shall expire and may be renewed as provided in § 32-12-42. However, the license may also be renewed during the renewal period by mail. To renew the license by mail, the dependent shall mail to the Department of Public Safety an affidavit signed by the dependent which states that the person is a dependent of a member of the United States armed forces and is of good health and an affidavit signed by a licensed optometrist or ophthalmologist that supplies proof that the dependent has adequate eyesight.

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