25.242.10 100th Legislative Session 3
Introduced by: The Chair of the Committee on Transportation at the request of the Department of Public Safety
An Act to increase driver license fees.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 32-12-16 be AMENDED:
32-12-16.
The application
fee for an original driver license or a renewal of a driver license
is
twenty-eight
thirty-eight
dollars. The fee for a duplicate license, a name change, or an
address change is
fifteen
twenty
dollars. The fee
shall
must be
credited to the state motor vehicle fund.
Five dollars of every fee for an
original or renewal license collected pursuant to this section
shall
must be
used to administer the Division of Highway Patrol.
Section 2. That § 32-12-47.1 be AMENDED:
32-12-47.1.
Any
person
individual
whose license or privilege to drive a motor vehicle on public
highways has been revoked, suspended, or disqualified may not have
the license or privilege renewed or restored unless the period of
revocation, suspension, or disqualification has expired. The period
of revocation, suspension, or disqualification shall begin
begins
on the date ordered by the court, on the date specified in the notice
from the department, or on the date the suspension order is effective
for failure to comply with a citation, whichever date is earlier. At
the expiration of the period of revocation, suspension, or
disqualification,
a person may make application
an individual may apply
for license reinstatement
as provided by law and shall pay a license fee of fifty dollars plus
application fees pursuant to § 32-12-16;
a license fee of seventy-five dollars plus application fees pursuant
to § 32-12-16
if revocation of the license was a result of a conviction for a
violation of § 32-23-2;
a license fee of one hundred dollars plus application fees pursuant
to § 32-12-16
if revocation of the license was a result of a conviction for a
violation of § 32-33-18,
or a second or subsequent conviction for a violation of § 32-24-1
within a period of one year; a license fee of one hundred twenty-five
dollars plus application fees pursuant to § 32-12-16
if revocation of the license was a result of a conviction for a
violation of § 32-23-3;
a license fee of one hundred seventy-five dollars plus application
fees pursuant to § 32-12-16
if revocation of the license was a result of a conviction for a
violation of § 32-23-4,
32-23-4.6,
or 32-23-4.7;
or a license fee of two hundred dollars plus application fees
pursuant to § 32-12-16
if revocation of the license was the result of a conviction for a
violation of § 22-16-41
or 22-18-36.
A person making application following a revocation shall fulfill all
knowledge examination requirements of a new applicant
by:
(1) Paying the following, applicable licensing fee, in addition to an application fee pursuant to § 32-12-16:
(a) If revocation of the license was a result of a conviction for a violation of § 32-23-2, one hundred dollars;
(b) If revocation of the license was a result of a conviction for a violation of § 32-33-18, or a second or subsequent conviction for a violation of § 32-24-1 within one year, one hundred twenty-five dollars;
(c) If revocation of the license was a result of a conviction for a violation of § 32-23-3, one hundred fifty dollars;
(d) If revocation of the license was a result of a conviction for a violation of § 32-23-4, 32-23-4.6, or 32-23-4.7, two hundred dollars;
(e) If revocation of the license was the result of a conviction for a violation of § 22-16-41 or 22-18-36, two hundred twenty-five dollars; and
(f) If none of the preceding subdivisions apply, seventy-five dollars; and
(2) Fulfilling all knowledge examination requirements of a new applicant.
A
personAn
individual
who had a restricted minor's permit, motorcycle restricted minor's
permit, instruction permit, or motorcycle instruction permit, or
privilege to apply for a permit or license suspended pursuant to
§ 32-12-15
need not
is not required to
pay the fee prior to reinstatement of the
license
permit,
unless the suspension is for a conviction of a moving traffic offense
assessed six or more points
by
pursuant to
§ 32-12-49.1.
Section 3. That § 32-12-48 be AMENDED:
32-12-48.
If a defendant is
convicted under § 32-23-2,
32-23-3,
32-23-4,
32-23-4.6,
or
32-23-4.7,
or 32-23-4.9,
the period of revocation
shall begin
begins
on the date ordered by the court or on the date specified
in the
notice from the department, whichever date is earlier. At the
conclusion of the period of revocation ordered by the court,
and if future proof is filed with the Department of Public Safety as
required by chapter 32-35,
the defendant may submit an application to reinstate the defendant's
driver license, accompanied by
a fee of seventy-five dollars if revocation of the license was for a
conviction under § 32-23-2, one hundred twenty-five dollars
if revocation of the license was for a conviction under § 32-23-3,
or one hundred seventy-five dollars if revocation of the license was
for a conviction under § 32-23-4, 32-23-4.6, or 32-23-4.7
the following applicable fee:
(1) If revocation of the license was a result of a conviction under § 32-23-2, one hundred dollars;
(2) If revocation of the license was a result of a conviction under § 32-23-3, one hundred fifty dollars; and
(3) If revocation of the license was a result of a conviction under § 32-23-4, 32-23-4.6, or 32-23-4.7, two hundred dollars.
The department may issue a driver
license to the defendant, if, after an investigation of the
character, habits,
and driving ability of the defendant, the department is satisfied it
is safe to grant the privilege of driving a motor vehicle to the
defendant. A driver license issued under the provisions of this
section
shall
must
show the restrictions, if any, imposed by the court and the date when
the restrictions are
to cease
expire.
Section 4. That § 32-12-61.1 be AMENDED:
32-12-61.1.
The Department of
Public Safety shall furnish to any authorized
person
individual,
upon request,
a problem driver point system abstract. The request shall
must
indicate all adverse driver license actions maintained by a
jurisdiction and
shall
must be
released according to 23 C.F.R.
Parts 1325 and
§ 1327
in effect
(January
1, 1995).
The department shall collect
four
seven
dollars for each inquiry. The fee
shall
must be
credited to the state motor vehicle fund. Any governmental entity or
subdivision is exempt from this fee.
Section 5. That § 32-12A-15 be AMENDED:
32-12A-15.
The application
fee for a commercial driver license is
thirty-three
forty-three
dollars. For each commercial driver license endorsement knowledge
test administered, the fee is
fifteen
twenty
dollars. The fee for a duplicate license, a name change, or an
address change is
fifteen
twenty
dollars.
The fee shall
Any fee that is collected must
be credited to the state motor vehicle fund.
Section 6. That § 32-12A-63 be AMENDED:
32-12A-63.
The department
shall furnish to any person,
upon request,
a certified abstract of the operating record for the
last
previous
three years of any
person
individual
subject to the provisions of chapter 32-35.
The abstract
shall include enumeration of
must list
any motor vehicle accident in which the
person
individual
has been involved, the
person's
individual's
medical certification status, and
reference to
any conviction of the
person
individual
for a violation of any motor vehicle law as reported to the
department. The department shall collect
five
seven
dollars for each abstract. The fee
shall
must be
credited to the state motor vehicle fund. No governmental entity or
subdivision is subject to this fee.
The department shall furnish,
upon request and a payment of a fee of
five
seven
dollars, full information regarding the driver record for the
last
previous
three years of
a person
an individual
who has been issued a commercial learner's permit or commercial
driver license,
to an employer or to a prospective employer,
if the
person
individual
has given written consent to the employer or prospective employer to
obtain this information. The
individual must also provide written consent to the department to
provide the information. The
department shall furnish this same information regarding
the driver record to
the driver upon the payment of a fee of
five
seven
dollars. The information
shall
must
include the
person's
individual's
medical certification status, any disqualification, and any other
licensing action for a violation of any state or local law relating
to motor vehicle traffic control, other than a parking violation
committed in any type of vehicle. The fee
shall
must be
credited to the state motor vehicle fund. No governmental entity or
subdivision is subject to this fee.
Underscores indicate new language.
Overstrikes
indicate deleted language.