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HB 1037 authorize the Department of Revenue to deny a...

State of South Dakota  
SEVENTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY,  2002
 

400H0250  
HOUSE ENGROSSED   NO. HB 1037   -   01/22/2002  

        Introduced by: The Committee on Transportation at the request of the Department of Revenue  


         FOR AN ACT ENTITLED, An Act to  authorize the Department of Revenue to deny a motor vehicle registration or title to certain commercial motor carriers and to provide for the suspension or revocation of certain commercial motor carrier registration, license plates, or permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 32-9 be amended by adding thereto a NEW SECTION to read as follows:
     The department or its agent shall refuse to issue a registration, license plate, permit, or a certificate of title or to transfer any title on a vehicle licensed under chapter 32-9 or 32-10 that has been assigned to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration. However, the department or its agent may allow a commercial motor carrier, who has been prohibited from operating by the Federal Motor Carrier Safety Administration, to transfer a title if the commercial motor carrier does not retain an interest, either directly or indirectly, in the vehicle.
     The department or its agent may suspend, revoke, or remove the registration, plate, or any

permit issued to any vehicle assigned to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration.

     If the prohibition by the Federal Motor Carrier Safety Administration is rescinded, the department or its agent may issue a registration, license plate, permit, or a certificate of title to the vehicle provided all other taxes and fees have been paid to the department.