FOR AN ACT ENTITLED, An Act to  disqualify a person from operating a commercial motor vehicle for certain traffic convictions regarding railroad crossings and to provide certain penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 32-12A be amended by adding thereto a NEW SECTION to read as follows:

     Any person is disqualified from driving a commercial motor vehicle for a period of sixty days if convicted, while driving a commercial motor vehicle, of a first violation of §  32-29-4, 32-29-5, 32-29-7, 32-29-8, or 32-29-9.
     Section  2.  That chapter 32-12A be amended by adding thereto a NEW SECTION to read as follows:

     Any person is disqualified from driving a commercial motor vehicle for a period of one hundred twenty days if convicted during any three-year period, while driving a commercial motor vehicle, of a second violation of §  32-29-4, 32-29-5, 32-29-7, 32-29-8, or 32-29-9 in separate incidents.

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     Section  3.  That chapter 32-12A be amended by adding thereto a NEW SECTION to read as follows:

     Any person is disqualified from driving a commercial motor vehicle for a period of one year if convicted during any three-year period, while driving a commercial motor vehicle, of a third or subsequent violation of §  32-29-4, 32-29-5, 32-29-7, 32-29-8, or 32-29-9 in separate incidents.
     Section  4.  That § 32-12A-3 be amended to read as follows:
     32-12A-3.   No person who drives a commercial motor vehicle may have more than one operator's license , except during the ten-day period beginning on the date the person is issued an operator's license . A violation of this section is a Class 2 misdemeanor.
     Section  5.  That § 32-12A-5 be amended to read as follows:
     32-12A-5.   Each employer shall require the applicant to provide the information specified in §   32-12A-4. No employer may knowingly allow a driver to operate a commercial motor vehicle during any period :

             (1)      In During any period in which the driver has had an operator's license suspended, revoked or cancelled by any state, has lost the right to operate a commercial motor vehicle in any state, is currently disqualified from driving a commercial vehicle, or subject to an out-of-service order in any state;

             (2)      In During any period in which the driver has more than one operator's license except during the ten-day period beginning on the date the person is issued an operator's license; or ;

             (3)      In During any period in which the employee, or the motor vehicle the employee is driving, or the motor carrier operation, is subject to an out-of-service order ; or

             (4)    In violation of any federal, state, or local law or regulation pertaining to railroad-

highway grade crossings .
     Section  6.  That chapter 32-12A be amended by adding thereto a NEW SECTION to read as follows:

     The state's attorney for the county in which a violation of subdivision 32-12A-5(4) occurs shall commence a civil in rem proceeding of not more than ten thousand dollars against the employer.