The enrolled version completely rewrites the bill to replace the original criteria (foreign nationals with inadequate testing standards or those from decertified states) with a new framework limiting nondomiciled commercial licenses to workers with specific employment-based visa categories (H-2A, H-2B, E-2) and U.S. territory residents, while adding detailed verification, documentation, and renewal requirements. This change **narrows and redirects** the bill from a general reciprocity mechanism to a targeted program for temporary foreign workers.
26.871.10 26.871.11 101st Legislative Session 180 2026 South Dakota Legislature Senate Bill 180 HOUSE TRANSPORTATION ENGROSSED Introduced by: Senator Hulse Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to modify requirements regarding nondomiciled commercial driver licenses. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 32-12A-13 be AMENDED: 3 32-12A-13. The department may issue a nondomiciled commercial learner's permit or 4 commercial driver license to: 5 (1) A person who is domiciled in a foreign jurisdiction whose commercial motor vehicle 6 testing and licensing standards, as determined by the administrator of the Federal 7 Motor Carrier Safety Administration, do not meet the testing standards established 8 in 49 C.F.R. Part 383 as amended through January 1, 2015; 9 (2) A person who is domiciled in a state whose commercial driver licensing program 10 has been decertified by the administrator of the Federal Motor Carrier Safety 11 Administration. 12 to an applicant who meets the requirements set forth in 49 C.F.R. §§ 383 and 384 (January 13 1, 2026). In addition, the department must observe the following conditions applicable to 14 the issuance of a nondomiciled commercial learner's permit or commercial driver license 15 in this state: 16 (1) An applicant may only be: 17 (a) An individual who has lawful, employment-based nonimmigrant status in 18 the H-2A, H-2B, or E-2 visa category; or 19 (b) An individual domiciled in a United States territory, who holds any of the 20 same employment-based visas described in subsection (a); 21 (2) Any non-citizen applicant, except for a lawful permanent resident, must provide an 22 unexpired foreign passport and an unexpired form I-94 or I-94A that indicates a 23 specified type of employment-based nonimmigrant status at every issuance, 24 transfer, renewal, and upgrade action; 25 26.871.10 2 180 Underscores indicate new language. Overstrikes indicate deleted language. (3) The department must query the Systematic Alien Verification for Entitlements 1 system, administered by the U.S. Citizenship and Immigration Services, to confirm 2 the applicant's claim of lawful immigration status in a specified category; 3 (4) The department must retain copies of the application documents for at least two 4 years; 5 (5) The expiration date for any nondomiciled commercial learner's permit or 6 commercial driver license must match the expiration date on the form I-94 or I-7 94A I-94A or expire within one year of issuance, whichever is sooner; 8 26.871.11 2 180 SB180 ENROLLED (6) The applicant must be present at each renewal; and 9 (7) The department must downgrade the nondomiciled commercial learner's permit or 10 commercial driver license if department personnel determine that the holder is no 11 longer eligible to hold a nondomiciled commercial learner's permit or commercial 12 driver license. 13 The word, nondomiciled, shall must appear on the face of the nondomiciled 14 commercial learner's permit or commercial driver license. An applicant shall surrender any 15 nondomiciled commercial learner's permit or commercial driver license issued by another 16 state. The holder of a nondomiciled commercial learner's permit or commercial driver 17 license is subject to the same disqualifications and conditions applicable to a commercial 18 learner's permit or commercial driver license issued to a person domiciled in this state. 19 A nondomiciled commercial learner's permit or commercial driver license issued 20 pursuant to subdivision (1) of this section may be renewed in person only upon 21 presentation of valid documentary evidence that the applicant is authorized to stay in the 22 United States. The department may renew a nondomiciled commercial driver license 23 without a skills or knowledge test if the license has been expired for a period less than 24 one year. 25 26.871.11 3 180 SB180 ENROLLED An Act to modify requirements regarding nondomiciled commercial driver licenses. I certify that the attached Act originated in the: Senate as Bill No. 180 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. 180 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