State of South Dakota
|
SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
673H0673 |
HOUSE COMMERCE COMMITTEE ENGROSSED
NO.
SB 148
-
02/14/2002
|
Introduced by:
Senators Brosz, Brown (Arnold), Daugaard, and Whiting and Representatives
Solum, Koistinen, and Konold
|
FOR AN ACT ENTITLED, An Act to
revise and extend certain provisions relating to the
licensure of drivers who have experienced epileptic, narcoleptic, or other convulsions,
seizures, or blackouts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-5.1 be amended to read as follows:
32-12-5.1. The Department of Commerce and Regulation
may
shall
deny the issuance of a
motor vehicle operator's license, motorcycle operator's license, restricted minor's permit,
motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit to any
individual who has experienced
epileptic, narcoleptic, or other
convulsions, seizures, or
blackouts, until the individual has experienced a period of twelve months without any such
episode. However, upon receipt of a statement signed by the
applicant
applicant's physician
that
the applicant's condition is adequately controlled by medication, the applicant is continuing to
take medication, and the applicant is under the care of a physician, the Department of Commerce
and Regulation may issue a temporary permit to the applicant. This temporary permit is subject
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-5.1 be amended to read as follows:
32-12-5.1. The Department of Commerce and Regulation
to the provisions of
§
32-12-36 and is reviewable by the department every six months, or until
the applicant has gone a period of twelve months without any episode.
Section
2.
That chapter
32-12
be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Commerce and Regulation shall revoke, for a period of twelve months,
any motor vehicle operator's license and any other such licenses or permits previously issued to
an individual who, during an epileptic, narcoleptic, or other convulsion, seizure, or blackout,
causes a motor vehicle or motorcycle accident resulting in death, serious bodily injury, or
substantial property damage. At the conclusion of the twelve-month period, the individual is
eligible to apply for a temporary permit pursuant to the conditions provided in
§
32-12-5.1.