Changes to Existing Law

26.855.10 26.855.11 101st Legislative Session 164 2026 South Dakota Legislature Senate Bill 164 HOUSE TRANSPORTATION ENGROSSED Introduced by: Senator Howard Underscores indicate new language. Overstrikes indicate deleted language. An Act to require that any holder of a commercial driver license in this state must 1 be proficient in the English language, and to provide a penalty therefor. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 32-12A-11 be AMENDED: 4 32-12A-11. No person may be issued a commercial learner's permit unless that person 5 is a resident of this state and has passed the required knowledge test. 6 No person may be issued a commercial driver license unless that person is a 7 resident of this state, has received driver training from a provider listed on the Training 8 Provider Registry established by the Federal Motor Carrier Safety Administration pursuant 9 to 49 C.F.R. Part 380, Subpart G, as of September 30, 2019, has passed a knowledge and 10 skills test for driving a commercial motor vehicle that complies with the minimum federal 11 standards established by federal regulation enumerated in 49 C.F.R. Part 383, Subparts 12 G and H, as of September 30, 2019, and has satisfied all other requirements of the CMVSA 13 in addition to other requirements imposed by state law or federal regulation. The tests 14 shall be prescribed and conducted by the department. 15 The department may authorize a person, an employer, a private driver training 16 facility, other private institution, a department, agency, or instrumentality of local 17 government, of this state or another state, to administer the skills test specified by this 18 section, if: 19 (1) The test is the same which would otherwise be administered by the 20 department; 21 (2) The third party has entered into an agreement with the department that 22 complies with requirements of 49 C.F.R. Part 383.75 as of September 30, 2019. Failure 23 to comply with the agreement may result in termination of the agreement; and 24 (3) The third party, prior to administering the skills test to any person, verifies the 25 person has completed the driver training specified in this section. 26 26.855.10 26.855.11 2 164 Underscores indicate new language. Overstrikes indicate deleted language. The department may waive the knowledge and skills tests specified in this section 1 for a commercial driver license applicant who meets the requirements of 49 C.F.R. Part 2 383.77 as of September 30, 2019. 3 No commercial learner's permit or commercial driver license may be issued to a 4 person while the person is subject to a disqualification from driving a commercial motor 5 vehicle, or while the person's operator's license or driving privilege is suspended, revoked, 6 or cancelled in any state; nor may a commercial driver license be issued to a person who 7 has a commercial driver license, noncommercial driver license, noncommercial instruction 8 permit or commercial learner's permit issued by any other state unless the person first 9 surrenders all such licenses or permits. The department shall destroy any license or permit 10 surrendered under this section. The issuing jurisdiction shall be notified that the licensee 11 has applied for a commercial learner's permit or commercial driver license in a new 12 jurisdiction. A violation of this provision is a Class 2 misdemeanor. 13 Except as otherwise provided in this section, a person may not be issued a 14 commercial learner's permit unless that person: 15 (1) Is a resident of this state for the purpose of being licensed to drive a motor vehicle, 16 as described in § 32-12-26.1; and 17 (2) Has passed the general knowledge test that is required by 49 C.F.R. § 383.25 18 (January 1, 2026) and which complies with the minimum standards contained in 19 49 C.F.R. §§ 383.91 to 383.135, inclusive (January 1, 2026) for the commercial 20 vehicle that the person expects to operate. 21 The department may waive the knowledge test specified in this section for an 22 applicant who has experience operating a military commercial motor vehicle and meets 23 the requirements established in 49 C.F.R. § 383.77 (January 1, 2026). 24 Section 2. That a NEW SECTION be added to chapter 32-12A: 25 Except as otherwise provided in this section, a person may not be issued a 26 commercial driver license unless that person: 27 (1) Is a resident of this state for the purpose of being licensed to drive a motor vehicle, 28 as described in § 32-12-26.1; 29 (2) Meets the general requirements of 49 C.F.R. § 383.23 (January 1, 2026) and has 30 passed the knowledge and driving skills tests that meet the federal standards 31 contained in 49 C.F.R. §§ 383.110 to 383.135, inclusive (January 1, 2026); 32 26.855.10 26.855.11 3 164 Underscores indicate new language. Overstrikes indicate deleted language. (3) Has received entry-level driver training from a provider that meets the federal 1 standards established in 49 C.F.R. §§ 380.700 to 380.725, inclusive (January 1, 2 2026); and 3 (4) Has demonstrated proficiency in the English language, as required in the general 4 qualifications for commercial motor vehicle drivers established in 49 C.F.R. 5 § 391.11 (January 1, 2026). 6 The department may waive the knowledge and driving skills tests specified in this 7 section for an applicant who has experience operating a military commercial motor vehicle 8 and meets the requirements established in 49 C.F.R. § 383.77 (January 1, 2026). 9 Section 3. That a NEW SECTION be added to chapter 32-12A: 10 The department may authorize a third party to administer the skills test described 11 in section 2 of this Act, provided that the department and the third party comply with the 12 requirements of 49 C.F.R. § 383.75 (January 1, 2026). 13 Section 4. That a NEW SECTION be added to chapter 32-12A: 14 The department may not issue a commercial learner's permit or commercial driver 15 license to a person while the person is subject to a disqualification from driving a 16 commercial motor vehicle, or while the person's operator license or driving privilege is 17 suspended, revoked, or cancelled in any state. 18 The department may not issue a commercial driver license to a person who has a 19 commercial driver license, noncommercial driver license, noncommercial instruction 20 permit, or commercial learner's permit issued by any other state, unless the person first 21 surrenders the license or permit. The department shall destroy any license or permit 22 surrendered under this section. The department shall notify the issuing jurisdiction that 23 the license holder has surrendered the license or permit, in keeping with the single license 24 requirement established in 49 C.F.R. § 383.21 (January 1, 2026), to obtain a commercial 25 learner's permit or commercial driver license in this state. 26 Section 5. That a NEW SECTION be added to chapter 32-12A: 27 The department shall promulgate rules, in accordance with chapter 1-26, to 28 determine whether an applicant meets the English language proficiency requirement set 29 forth in section 2 of this Act by, at a minimum, administering all knowledge and skills tests 30 in English. 31 26.855.10 26.855.11 4 164 Underscores indicate new language. Overstrikes indicate deleted language. Section 6. That a NEW SECTION be added to chapter 32-12A: 1 If the holder of a commercial driver license or commercial learner's permit is issued 2 a citation for a traffic offense, or is involved in a traffic accident, a law enforcement officer, 3 except an officer acting under the authority of § 32-2-7, must determine whether the 4 driver has sufficient English language proficiency to operate a commercial vehicle in this 5 state. 6 If a law enforcement officer authorized under § 32-2-7 determines the driver is 7 unable to respond to official inquiries in English proficiently, the officer must may cite the driver 8 for a violation of the English proficiency requirement contained in 49 C.F.R. § 391.11 9 (January 1, 2026), and place the driver out of service. 10 The offense of operating a commercial motor vehicle in this state without sufficient 11 English language proficiency is: 12 (1) A Class 2 misdemeanor for a first offense; and 13 (2) A Class 1 misdemeanor for a second or subsequent offense. 14

26.855.11 26.855.12 101st Legislative Session 164 2026 South Dakota Legislature Senate Bill 164 HOUSE TRANSPORTATION ENGROSSED Introduced by: Senator Howard Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to require that any holder of a commercial driver license in this state must 1 be proficient in the English language, and to provide a penalty therefor. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 32-12A-11 be AMENDED: 4 32-12A-11. No person may be issued a commercial learner's permit unless that person 5 is a resident of this state and has passed the required knowledge test. 6 No person may be issued a commercial driver license unless that person is a 7 resident of this state, has received driver training from a provider listed on the Training 8 Provider Registry established by the Federal Motor Carrier Safety Administration pursuant 9 to 49 C.F.R. Part 380, Subpart G, as of September 30, 2019, has passed a knowledge and 10 skills test for driving a commercial motor vehicle that complies with the minimum federal 11 standards established by federal regulation enumerated in 49 C.F.R. Part 383, Subparts 12 G and H, as of September 30, 2019, and has satisfied all other requirements of the CMVSA 13 in addition to other requirements imposed by state law or federal regulation. The tests 14 shall be prescribed and conducted by the department. 15 The department may authorize a person, an employer, a private driver training 16 facility, other private institution, a department, agency, or instrumentality of local 17 government, of this state or another state, to administer the skills test specified by this 18 section, if: 19 (1) The test is the same which would otherwise be administered by the 20 department; 21 (2) The third party has entered into an agreement with the department that 22 complies with requirements of 49 C.F.R. Part 383.75 as of September 30, 2019. Failure 23 to comply with the agreement may result in termination of the agreement; and 24 (3) The third party, prior to administering the skills test to any person, verifies the 25 person has completed the driver training specified in this section. 26 26.855.11 2 164 Underscores indicate new language. Overstrikes indicate deleted language. The department may waive the knowledge and skills tests specified in this section 1 for a commercial driver license applicant who meets the requirements of 49 C.F.R. Part 2 383.77 as of September 30, 2019. 3 No commercial learner's permit or commercial driver license may be issued to a 4 person while the person is subject to a disqualification from driving a commercial motor 5 vehicle, or while the person's operator's license or driving privilege is suspended, revoked, 6 or cancelled in any state; nor may a commercial driver license be issued to a person who 7 has a commercial driver license, noncommercial driver license, noncommercial instruction 8 permit or commercial learner's permit issued by any other state unless the person first 9 surrenders all such licenses or permits. The department shall destroy any license or permit 10 surrendered under this section. The issuing jurisdiction shall be notified that the licensee 11 has applied for a commercial learner's permit or commercial driver license in a new 12 jurisdiction. A violation of this provision is a Class 2 misdemeanor. 13 Except as otherwise provided in this section, a person may not be issued a 14 commercial learner's permit unless that person: 15 (1) Is a resident of this state for the purpose of being licensed to drive a motor vehicle, 16 as described in § 32-12-26.1; and 17 (2) Has passed the general knowledge test that is required by 49 C.F.R. § 383.25 18 (January 1, 2026) and which complies with the minimum standards contained in 19 49 C.F.R. §§ 383.91 to 383.135, inclusive (January 1, 2026) for the commercial 20 vehicle that the person expects to operate. 21 The department may waive the knowledge test specified in this section for an 22 applicant who has experience operating a military commercial motor vehicle and meets 23 the requirements established in 49 C.F.R. § 383.77 (January 1, 2026). 24 Section 2. That a NEW SECTION be added to chapter 32-12A: 25 Except as otherwise provided in this section, a person may not be issued a 26 commercial driver license unless that person: 27 (1) Is a resident of this state for the purpose of being licensed to drive a motor vehicle, 28 as described in § 32-12-26.1; 29 (2) Meets the general requirements of 49 C.F.R. § 383.23 (January 1, 2026) and has 30 passed the knowledge and driving skills tests that meet the federal standards 31 contained in 49 C.F.R. §§ 383.110 to 383.135, inclusive (January 1, 2026); 32 26.855.11 3 26.855.12 2 164 Underscores indicate new language. Overstrikes indicate deleted language. SB164 ENROLLED (3) Has received entry-level driver training from a provider that meets the federal 1 standards established in 49 C.F.R. §§ 380.700 to 380.725, inclusive (January 1, 2 2026); and 3 (4) Has demonstrated proficiency in the English language, as required in the general 4 qualifications for commercial motor vehicle drivers established in 49 C.F.R. 5 § 391.11 (January 1, 2026). 6 The department may waive the knowledge and driving skills tests specified in this 7 section for an applicant who has experience operating a military commercial motor vehicle 8 and meets the requirements established in 49 C.F.R. § 383.77 (January 1, 2026). 9 Section 3. That a NEW SECTION be added to chapter 32-12A: 10 The department may authorize a third party to administer the skills test described 11 in section 2 of this Act, provided that the department and the third party comply with the 12 requirements of 49 C.F.R. § 383.75 (January 1, 2026). 13 Section 4. That a NEW SECTION be added to chapter 32-12A: 14 The department may not issue a commercial learner's permit or commercial driver 15 license to a person while the person is subject to a disqualification from driving a 16 commercial motor vehicle, or while the person's operator license or driving privilege is 17 suspended, revoked, or cancelled in any state. 18 The department may not issue a commercial driver license to a person who has a 19 commercial driver license, noncommercial driver license, noncommercial instruction 20 permit, or commercial learner's permit issued by any other state, unless the person first 21 surrenders the license or permit. The department shall destroy any license or permit 22 surrendered under this section. The department shall notify the issuing jurisdiction that 23 the license holder has surrendered the license or permit, in keeping with the single license 24 requirement established in 49 C.F.R. § 383.21 (January 1, 2026), to obtain a commercial 25 learner's permit or commercial driver license in this state. 26 Section 5. That a NEW SECTION be added to chapter 32-12A: 27 The department shall promulgate rules, in accordance with chapter 1-26, to 28 determine whether an applicant meets the English language proficiency requirement set 29 forth in section 2 of this Act by, at a minimum, administering all knowledge and skills tests 30 in English. 31 26.855.11 4 26.855.12 3 164 Underscores indicate new language. Overstrikes indicate deleted language. SB164 ENROLLED Section 6. That a NEW SECTION be added to chapter 32-12A: 1 If the holder of a commercial driver license or commercial learner's permit is issued 2 a citation for a traffic offense, or is involved in a traffic accident, a law enforcement officer, 3 except an officer acting under the authority of § 32-2-7, must determine whether the 4 driver has sufficient English language proficiency to operate a commercial vehicle in this 5 state. 6 If a law enforcement officer authorized under § 32-2-7 determines the driver is 7 unable to respond to official inquiries in English proficiently, the officer may cite the driver 8 for a violation of the English proficiency requirement contained in 49 C.F.R. § 391.11 9 (January 1, 2026), and place the driver out of service. 10 The offense of operating a commercial motor vehicle in this state without sufficient 11 English language proficiency is: 12 (1) A Class 2 misdemeanor for a first offense; and 13 (2) A Class 1 misdemeanor for a second or subsequent offense. 14 26.855.12 4 164 SB164 ENROLLED An Act to require that any holder of a commercial driver license in this state must be proficient in the English language, and to provide a penalty therefor. I certify that the attached Act originated in the: Senate as Bill No. 164 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 164 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State