SDLRC - Codified Law 32-12-17 - Issuance of license--Qualifications.

32-12-17. Issuance of license--Qualifications.

Upon payment of the fee established by § 32-12-16, the Department of Public Safety shall issue an operator's license to each qualifying applicant. An operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of an instruction permit as provided in § 32-12-11 and the restricted minor's permit as provided in § 32-12-12 if the applicant has not been convicted of a traffic violation in the past six months, and the applicant is not currently under suspension, revocation, or disqualification.

Source: SL 1959, ch 261, § 10; SDC Supp 1960, § 44.03B10; SL 1965, ch 201, § 1; SL 1974, ch 215, § 1; SL 1974, ch 216, § 2; SL 1976, ch 190; SL 1989, ch 265, § 17; SL 1992, ch 218, § 1; SL 1998, ch 186, § 6; SL 1998, ch 187, § 1; SL 2000, ch 155, § 3; SL 2001, ch 171, § 17; SL 2003, ch 272, §§ 23, 63; SL 2020, ch 117, § 7.

32-12-17.1. Issuance of motorcycle operator's license--Requirements.

Upon payment of the fee established by § 32-12-16, the Department of Public Safety shall issue a motorcycle operator's license to each qualifying applicant. A motorcycle operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of a motorcycle instruction permit as provided in § 32-12-11.1 and restricted motorcycle minor's permit as provided in § 32-12-12.1, if the applicant has not been convicted of a traffic violation during the past six months, and if the applicant is not currently under suspension, revocation, or disqualification.

Source: SL 2001, ch 171, § 18; SL 2003, ch 272, §§ 23, 63; SL 2020, ch 117, § 8.

32-12-17.2. Nondriver identification cards--Fee--Renewal and expiration.

The Department of Public Safety may issue upon application a nondriver identification card, similar in form but distinguishable in color from a driver license, to any resident of this state. Each applicant for a nondriver identification card shall, as part of the application, present to the department a certified copy of a certificate of birth or another form of evidence of date of birth and identity as allowed by § 32-12-3.1.

Except as provided in § 32-12-17.16, the fees for a nondriver identification card are the same as prescribed for a driver license in § 32-12-16. Each nondriver identification card expires on the holder's birthday in the fifth year following the issuance of the nondriver identification card, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first. Each nondriver identification card is renewable one hundred eighty days before its expiration upon application and payment of the required fee. Any nondriver identification card renewed before its expiration expires five years after the holder's ensuing birthday, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first.

The nondriver identification card must bear an indication if the holder has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7 and an indication if the holder is a veteran pursuant to the provisions of § 32-12-17.15. Any nondriver identification card renewed during the thirty-day period following the date of expiration expires five years from the holder's previous birthday, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first.

Source: SL 1974, ch 231, § 1; SL 1978, ch 227; SL 1982, ch 236; SL 1989, ch 265, § 18; SL 1992, ch 218, § 2; SL 1996, ch 199, § 1; ch 171, § 21; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2009, ch 154, § 8, eff. Dec. 31, 2009; SL 2012, ch 167, § 2; SL 2024, ch 115, § 2.

32-12-17.7. Bar code on license--Criminal information.

If a bar code, or other means by which information may be retrieved electronically, is placed on a license pursuant to § 32-12-17.10, the secretary of the Department of Public Safety may encrypt information in the bar code identifying that the licensee is a convicted felon who has a firearm restriction or the licensee is a sex offender who is required to register pursuant to §§ 22-24B-1 to 22-24B-14, inclusive.

Source: SL 1998, ch 187, § 2; SL 2004, ch 17, § 130.

32-12-17.8. Bar code on license--Medical information.

If a bar code, or other means by which information may be retrieved electronically, is placed on a license pursuant to § 32-12-17.10, the secretary of the Department of Public Safety may include information identifying the licensee's blood type, medical condition, allergies, medications, or other medical alert data, if the licensee requests such information to be included. Before such information may be included, the licensee shall submit a document clearly identifying this information to the department and the document shall be signed by the licensee and the licensee's physician.

Source: SL 1998, ch 187, § 3; SL 2004, ch 17, § 131.

32-12-17.10. Contents of license or permit--Barcode.

An operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, and motorcycle instruction permit shall bear a distinguishing number assigned to the licensee, the full legal name or any name lawfully taken, date of birth, gender, principal residence address, an indication if the licensee is a donor pursuant to chapter 34-26, an indication if the licensee has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7, an indication if the licensee is a veteran pursuant to the provisions of § 32-12-17.15, a full facial digital photograph, a brief description of the licensee, the licensee's signature, security features designed to deter forgery and counterfeiting, to promote an adequate level of confidence in the authenticity of the cards, and to facilitate detection of fraudulent cards, the issue date of the license, the expiration date of the license, an indication that the license is temporary or limited term if the holder has temporary lawful status in the United States, the name of this state, and a security marking approved by the United States Department of Homeland Security reflecting the level of compliance with 6 C.F.R. Part 37 as amended through January 1, 2015. The department shall indicate upon each license the general class of vehicles that the licensee may drive. The back of the license shall contain a barcode. The department shall include in the barcode the name of this state, the information printed on the license, the card design revision date indicating the most recent change or modification to the visible format of the card, and an indicator if the license is temporary or limited term. No barcode, or other means by which information may be retrieved electronically, may contain the licensee's social security number.

Source: SL 2001, ch 171, § 19; SL 2005, ch 166, § 2; SL 2009, ch 154, § 9, eff. Dec. 31, 2009; SL 2012, ch 167, § 1; SL 2018, ch 190, § 3.

32-12-17.12. Registration with Selective Service as condition for obtaining certain licenses--Department to forward personal information to Selective Service--Application deemed consent to register with Selective Service.

No male United States citizen or immigrant who is at least eighteen years of age but less than twenty-six years of age and who is required to register with the United States Selective Service System may apply for or be issued a driver license, renewal, or duplicate pursuant to this chapter unless the applicant is registered, or consents to be registered as provided in this section, in compliance with the Military Selective Service Act, 50 U.S.C. App. 453, as amended to January 1, 2002.

The Department of Public Safety shall forward in an electronic format the necessary personal information required for registration of any applicant identified in this section to the United States Selective Service System. The applicant's submission of the application indicates that the applicant has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for such registration. The department shall notify the applicant on the application that his submission of the application serves as his consent to be registered with the Selective Service System if so required by federal law.

Source: SL 2002, ch 155, § 1; SL 2004, ch 17, § 132.

32-12-17.14. Either driver license or nondriver identification card held by same person to be marked as not acceptable for federal purposes.

A person may hold a South Dakota driver license and a South Dakota nondriver identification card. However, the person can only have one driver license or nondriver identification card that is acceptable by federal agencies for federal purposes. If a person holds both a driver license and a nondriver identification card, one of the documents shall be clearly marked as not acceptable by federal agencies for federal purposes.

Source: SL 2009, ch 154, § 11, eff. Dec. 31, 2009.

32-12-17.15. Veteran designation.

A designation that the licensee or card holder is a veteran shall be indicated on the license, permit, or nondriver identification card issued pursuant to this chapter if the licensee or card holder:

(1) Is an honorably discharged veteran having served in the armed forces of the United States;

(2) Has requested the designation on the license, permit, or nondriver identification card; and

(3) Has provided proof of the veteran's military service and honorable discharge by submitting the U.S. military DD Form 214, DD Form 2 (Retired), DD Form 2A (Reserve Retired), National Guard Form NGB 22, Uniformed Services ID Card (Retired), or a certificate signed by a county veterans service officer on a form prescribed by the South Dakota Department of Veterans Affairs.

Source: SL 2012, ch 167, § 3; SL 2014, ch 147, § 1; SL 2018, ch 199, § 1; SL 2023, ch 102, § 1.

32-12-17.16. Nondriver identification cards--Fee waiver--Applicants who are homeless.

The Department of Public Safety shall waive the fee one-time for an original nondriver identification card or a duplicate nondriver identification card if the applicant is homeless.

In order for the fee to be waived, the applicant must submit, with the application, an affidavit from a homeless services provider attesting that the applicant is homeless. The affidavit must be signed by an employee of the homeless service provider.

For the purposes of this section, the term "homeless" means an individual who:

(1) Lacks a fixed, regular, and adequate nighttime residence;

(2) Has a primary nighttime residence that is a place not ordinarily used as a regular sleeping accommodation for human beings; or

(3) Is living in a homeless shelter.

For the purposes of this section, "homeless services provider" means any government or nonprofit agency that provides a homeless shelter, housing assistance program, or homeless outreach or advocacy program.

Source: SL 2024, ch 115, § 1.