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State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

974B0587   HOUSE BILL   NO.  1214  

Introduced by:    Representatives Cwach, Greenfield (Lana), Johnson (David), Pischke, Pourier, Randolph, Rasmussen, Reed, and Sullivan and Senators Wismer and Foster
 

        FOR AN ACT ENTITLED, An Act to prohibit certain licenses and registrations from being withheld from certain persons owing a debt within the Board of Regents' system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 1-55-11 be amended to read:
    1-55-11. No person that owes a debt that is referred to the center may renew, obtain, or maintain:
            (1)    Any registration for any motor vehicle, motorcycle, or boat, in which the person's name appears on the title of the motor vehicle, motorcycle, or boat;
            (2)    Any driver license as defined by subdivision 32-12-1(1); or
            (3)    Any hunting license, fishing license, state park permit, or camping permit;
unless the debt and cost recovery fee is either paid in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.
    Subdivisions (1) and (2) of this section do not apply to any person whose debt is owed within the Board of Regents' system.
    Section 2. That § 1-55-12 be amended to read:
    1-55-12. No agency, board, or entity of the State of South Dakota may issue, renew, or allow an individual to maintain any motor vehicle, motorcycle, or boat registration, driver license, hunting license, fishing license, state park permit, or camping permit, after receiving notice from the center that the applicant, registrant, or licensee has a debt that is being collected by the center, unless the applicant, registrant, or licensee has paid the debt and cost recovery fee in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current. The restriction in this section does not apply to any applicant, registrant, or licensee whose debt is owed within the Board of Regents' system and who is seeking to maintain any motor vehicle, motorcycle, or boat registration, or driver license.
    An applicant, registrant, or licensee who disputes a determination by the center that the applicant, registrant, or licensee has a debt that has been referred to the center for collection shall, upon request, be given a due process hearing by the center. Upon recommendation by the center, the agency or entity may issue a temporary license, registration, certification, or permit to the applicant, registrant, or licensee pending final resolution of the due process hearing.