Bill > SB180

This bill modifies the requirements for issuing nondomiciled commercial learner's permits or commercial driver licenses, which are licenses for individuals who do not reside in South Dakota but operate commercial motor vehicles. The changes, effective January 1, 2026, align with federal regulations found in 49 C.F.R. Parts 383 and 384, which govern commercial driver's license standards. Specifically, the bill now restricts eligibility to individuals with lawful, employment-based nonimmigrant status such as H-2A, H-2B, or E-2 visas, or individuals domiciled in a U.S. territory holding similar visas. Non-citizen applicants, excluding lawful permanent residents, must provide their unexpired foreign passport and I-94 or I-94A form indicating their specific employment-based status. The department is also mandated to verify immigration status through the Systematic Alien Verification for Entitlements (SAVE) system, retain application documents for at least two years, and ensure the license expiration date matches the I-94 or I-94A expiration or is within one year of issuance, whichever is sooner. Applicants must be present for renewals, and the license will be downgraded if the holder is no longer eligible. The term "nondomiciled" must be displayed on the license, and applicants must surrender any similar licenses from other states. Renewals for certain nondomiciled licenses must be done in person with proof of legal U.S. stay, and the department may renew an expired license within a year without a new test.

Transportation and Infrastructure

https://sdlegislature.gov/#/Session/Bill/27170