FOR AN ACT ENTITLED, An Act to prohibit the collection in South Dakota of civil fines arising from speeding or red light cameras in other states.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. Terms used in this Act mean:

            (1)    "Red Light Camera," a fixed, automated camera, generally triggered when a vehicle enters an intersection after the traffic light has turned red; and

            (2)    "Speed Camera," a fixed, automated camera, usually equipped with a radar detector, used to measure and record the speed of vehicles for the purpose of fining drivers over the speed limit.
    Section 2. In order to ensure due process rights of South Dakota residents, a state or municipality seeking to enforce a civil judgment or civil penalty pursuant to this Act must prove by a preponderance of the evidence that the defendant in question was the driver of the vehicle and committed the offense of speeding or running a red light. The state or municipality shall also provide evidence that all due process requirements such as notice, hearing, and opportunity

to respond under title 15 have been met. Upon the plaintiff's compliance with this section, the state shall honor the judgement or penalty under §§ 15-16A-1 to 15-16A-9, inclusive.
    Section 3. No collection agency or company may contact a South Dakota resident by telephone, mail, electronic means, or any other manner, nor utilize the court system of South Dakota, in an effort to collect a fine derived from a speed camera or red light camera civil violation in violation of section 2 of this Act. A South Dakota resident contacted by telephone, mail, electronic means, or any other manner by a collection company or agency attempting to collect speed camera or red light camera civil fines in violation of section 2 of this Act may seek damages in small claims court in the county of their residence, pursuant to chapter 15-39, for no more than three times the amount of the civil fine issued against the resident.