An Act to waive the fee for nondriver identification cards for individuals who are homeless and to make an appropriation therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. There is hereby appropriated from the general fund the sum of $75,000 to the Department of Public Safety, for the purpose of covering the cost of the waiver in section 4 of this Act for three years.
Section 2. The secretary of the Department of Public Safety shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2026, shall revert in accordance with the procedures prescribed in chapter 4-8.
Section 4. That chapter 32-12 be amended with a NEW SECTION:
The Department of Public Safety shall waive the fee for an original nondriver identification card or a reissued nondriver identification card if the applicant is homeless. The applicant shall submit a letter to the department, with the application, from a nonprofit organization that provides services to individuals who are homeless, verifying that the applicant is homeless.
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 supervised shelter designated to provide temporary living arrangements.
Section 5. That 32-12-17.2 be AMENDED:
32-12-17.2.
The Department of
Public Safety may issue upon application a nondriver identification
card, similar in form but distinguishable in color from a
driver
licenses
license, to any
resident
of
South Dakota
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.
The
Except as provided in section 4 of this Act, the
fee for an original or reissued nondriver identification card is the
same as prescribed for an original 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. The
fee for the renewal of a nondriver identification card is the same as
prescribed for a driver license in 32-12-16. 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 shall 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.
Section 6. The provisions of sections 4 to 5, inclusive, of this Act are repealed on July 1, 2026, and the code section amended by section 5 of this Act will revert in word and substance to that which existed immediately prior to the effective date of this Act.
Section 7. This Act is effective on June 26, 2023.