2023 House Bill 1036 - SD Legislature increase civil penalties for commercial driver's license holders and motor carriers.

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: House as Bill No. 1036 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1036 File No. ____ Chapter No. ______

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 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2023 at _________ o'clock __M. Secretary of State By Asst. Secretary of State