The bill amends South Dakota law regarding the issuance of nondomiciled commercial learner's permits and commercial driver licenses. It establishes new eligibility criteria, allowing only applicants with lawful, employment-based nonimmigrant status in specific visa categories (H-2A, H-2B, or E-2), individuals from U.S. territories with similar visas, or those from states that cannot issue such licenses due to decertification. Additionally, it requires non-citizen applicants, excluding lawful permanent residents, to provide an unexpired foreign passport and a form I-94 or I-94A at each issuance, transfer, renewal, and upgrade. The bill also mandates that the department verify the applicant's immigration status and retain application documents for at least two years.

Furthermore, the bill specifies that the nondomiciled designation must be clearly marked on the licenses, and applicants must surrender any previously issued nondomiciled licenses from other states. It outlines conditions for renewal, including the necessity for the applicant to be present and to provide valid documentation of their authorized stay in the U.S. The expiration date of the licenses must align with the form I-94 or I-94A, or expire within one year of issuance. The bill also allows for the renewal of licenses without a skills or knowledge test if they have been expired for less than one year.

Statutes affected:
Introduced, 01/29/2026: 32-12A-13