ENTITLED An Act to increase civil penalties for commercial driver's license holders and motor carriers.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 32-12A-5.1 be AMENDED:
32-12A-5.1. The state's attorney for the county in which a violation of subdivision 32-12A-5(4) occurs shall commence a civil in rem proceeding of not more than nineteen thousand three hundred eighty-nine dollars against the employer.
Section 2. That 32-12A-8.1 be AMENDED:
32-12A-8.1. No person may drive a commercial motor vehicle on the highways of this state while the person or the commercial motor vehicle is subject to any out-of-service order. A violation of this section is a Class 1 misdemeanor. The court shall order any person convicted for a violation of this section to remit to the clerk of courts the civil penalty described in 32-12A-56 or 32-12A-57, as applicable.
Section 3. That 32-12A-56 be AMENDED:
32-12A-56. In addition to disqualification, a driver who is convicted of violating an out-of-service order pursuant to 32-12A-8.1 is subject to a civil penalty of not less than three thousand seven hundred forty dollars for a first conviction and not less than seven thousand four hundred eighty-one dollars for a second or subsequent conviction.
Section 4. That 32-12A-57 be AMENDED:
32-12A-57. The state's attorney for the county in which the violation of subdivision 32-12A-5(3) occurs shall commence a civil in rem proceeding of not less than six thousand seven hundred fifty-five dollars nor more than thirty-seven thousand four hundred dollars against the employer.
An Act to increase civil penalties for commercial driver's license holders and motor carriers.
I certify that the attached Act originated in the:
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2023 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2023
ss. Office of the Secretary of State
Filed ____________, 2023 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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