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26.855.12 101st Legislative Session 164
2026 South Dakota Legislature
Senate Bill 164
ENROLLED
AN ACT
ENTITLED 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12A-11 be AMENDED:
32-12A-11. Except as otherwise provided in this section, a person may not be issued a
commercial learner's permit unless that person:
(1) Is a resident of this state for the purpose of being licensed to drive a motor vehicle,
as described in § 32-12-26.1; and
(2) Has passed the general knowledge test that is required by 49 C.F.R. § 383.25
(January 1, 2026) and which complies with the minimum standards contained in
49 C.F.R. §§ 383.91 to 383.135, inclusive (January 1, 2026) for the commercial
vehicle that the person expects to operate.
The department may waive the knowledge test specified in this section for an
applicant who has experience operating a military commercial motor vehicle and meets
the requirements established in 49 C.F.R. § 383.77 (January 1, 2026).
Section 2. That a NEW SECTION be added to chapter 32-12A:
Except as otherwise provided in this section, a person may not be issued a
commercial driver license unless that person:
(1) Is a resident of this state for the purpose of being licensed to drive a motor vehicle,
as described in § 32-12-26.1;
(2) Meets the general requirements of 49 C.F.R. § 383.23 (January 1, 2026) and has
passed the knowledge and driving skills tests that meet the federal standards
contained in 49 C.F.R. §§ 383.110 to 383.135, inclusive (January 1, 2026);
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(3) Has received entry -level driver training from a provider that meets the federal
standards established in 49 C.F.R. §§ 380.700 to 380.725, inclusive (January 1,
2026); and
(4) Has demonstrated proficiency in the English language, as required in the general
qualifications for commercial motor vehicle drivers established in 49 C.F.R.
§ 391.11 (January 1, 2026).
The department may waive the knowledge and driving skills tests specified in this
section for an applicant who has experience operating a military commercial motor vehicle
and meets the requirements established in 49 C.F.R. § 383.77 (January 1, 2026).
Section 3. That a NEW SECTION be added to chapter 32-12A:
The department may authorize a third party to administer the skills test described
in section 2 of this Act, provided that the department and the third party comply with the
requirements of 49 C.F.R. § 383.75 (January 1, 2026).
Section 4. That a NEW SECTION be added to chapter 32-12A:
The department may not issue a commercial learner's permit or commercial driver
license to a person while the person is subject to a disqualification from driving a
commercial motor vehicle, or while the person's operator license or driving privilege is
suspended, revoked, or cancelled in any state.
The department may not issue a commercial driver license to a person who has a
commercial driver license, noncommercial driver license, noncommercial instruction
permit, or commercial learner's permit issued by any other state, unless the person first
surrenders the license or permit. The department shall destroy any license or permit
surrendered under this section. The department shall notify the issuing jurisdiction that
the license holder has surrendered the license or permit, in keeping with the single license
requirement established in 49 C.F.R. § 383.21 (January 1, 2026), to obtain a commercial
learner's permit or commercial driver license in this state.
Section 5. That a NEW SECTION be added to chapter 32-12A:
The department shall promulgate rules, in accordance with chapter 1-26, to
determine whether an applicant meets the English language proficiency requirement set
forth in section 2 of this Act by, at a minimum, administering all knowledge and skills tests
in English.
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Section 6. That a NEW SECTION be added to chapter 32-12A:
If the holder of a commercial driver license or commercial learner's permit is issued
a citation for a traffic offense, or is involved in a traffic accident, a law enforcement officer,
except an officer acting under the authority of § 32-2-7, must determine whether the
driver has sufficient English language proficiency to operate a commercial vehicle in this
state.
If a law enforcement officer authorized under § 32-2-7 determines the driver is
unable to respond to official inquiries in English proficiently, the officer may cite the driver
for a violation of the English proficiency requirement contained in 49 C.F.R. § 391.11
(January 1, 2026), and place the driver out of service.
The offense of operating a commercial motor vehicle in this state without sufficient
English language proficiency is:
(1) A Class 2 misdemeanor for a first offense; and
(2) A Class 1 misdemeanor for a second or subsequent offense.
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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