modify requirements regarding nondomiciled commercial driver licenses.

26.871.11 101st Legislative Session 180

2026 South Dakota Legislature
Senate Bill 180
ENROLLED

AN ACT

ENTITLED An Act to modify requirements regarding nondomiciled commercial driver
licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12A-13 be AMENDED:
32-12A-13. The department may issue a nondomiciled commercial learner's permit or
commercial driver license to an applicant who meets the requirements set forth in 49
C.F.R. §§ 383 and 384 (January 1, 2026). In addition, the department must observe the
following cond itions applicable to the issuance of a nondomiciled commercial learner's
permit or commercial driver license in this state:
(1) An applicant may only be:
(a) An individual who has lawful, employment -based nonimmigrant status in
the H-2A, H-2B, or E-2 visa category; or
(b) An individual domiciled in a United States territory, who holds any of the
same employment-based visas described in subsection (a);
(2) Any non-citizen applicant, except for a lawful permanent resident, must provide an
unexpired foreign passport and an unexpired form I -94 or I-94A that indicates a
specified type of employment -based nonimmigrant status at every issuance,
transfer, renewal, and upgrade action;
(3) The department must query the Systematic Alien Verification for Entitlements
system, administered by the U.S. Citizenship and Immigration Services, to confirm
the applicant's claim of lawful immigration status in a specified category;
(4) The department must retain copies of the application documents for at least two
years;
(5) The expiration date for any nondomiciled commercial learner's permit or
commercial driver license must match the expiration date on the form I -94 or I-
94A or expire within one year of issuance, whichever is sooner;
26.871.11 2 180
SB180 ENROLLED
(6) The applicant must be present at each renewal; and
(7) The department must downgrade the nondomiciled commercial learner's permit or
commercial driver license if department personnel determine that the holder is no
longer eligible to hold a nondomiciled commercial learner's permit or commercial
driver license.
The word, nondomiciled, must appear on the face of the nondomiciled commercial
learner's permit or commercial driver license. An applicant shall surrender any
nondomiciled commercial learner's permit or commercial driver license issued by another
state. Th e holder of a nondomiciled commercial learner's permit or commercial driver
license is subject to the same disqualifications and conditions applicable to a commercial
learner's permit or commercial driver license issued to a person domiciled in this state.
A nondomiciled commercial learner's permit or commercial driver license issued
pursuant to this section may be renewed in person only upon presentation of valid
documentary evidence that the applicant is authorized to stay in the United States. The
department may renew a nondomiciled commercial driver license without a skills or
knowledge test if the license has been expired for a period less than one year.
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