HB 1079

 26.95.27  101st Legislative Session  1079
                                         2026 South Dakota Legislature
                                                 House Bill 1079
 Introduced by: Representative Sjaarda
1 An Act to revise the conditions for denial or restriction of a motor vehicle or
2motorcycle operator license or permit if an individual has a medical condition
3that can be controlled under the care of a physician.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
5 Section 1. That § 32-12-5.1 be AMENDED:
632-12-5.1. The Department of Public Safety may deny the issuance of a motor
7     vehicle operator's license, motorcycle operator's license, restricted minor's permit,
8     motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit
9     to any individual who has experienced convulsions, seizures, or blackouts, until the
10     individual has experienced a period of twelve months without any such episode. However,
11     upon only if the applicant has been diagnosed, by a licensed physician, as having a chronic
12     medical condition that could interfere with the operation of a motor vehicle. Any person
13     with a physical condition that would detract from the ability to safely operate a motor
14     vehicle must show, through examination by a personal physician, that the person has the
15     ability to do so. Upon receipt of a statement signed by the applicant that the applicant's
16     condition is adequately controlled by medication, the applicant is continuing to take
17     medication, and the applicant is under the care of a physician, the Department of Public
18     Safety may issue a temporary permit to the applicant. This temporary permit is subject
19     to the provisions of § 32-12-36 and is reviewable by the department every six months, or
20     until the applicant has gone a period of twelve months without any episode.
21If the department has reasonable grounds to believe that an applicant's condition
22     may affect the safe operation of a motor vehicle or motorcycle, the department may
23     require the applicant to submit to the department a medical examination or physician's
24     certification attesting to the applicant's fitness to operate a motor vehicle in order to
25     receive the temporary permit.
                                                                              Underscores indicate new language.
                                                                            Overstrikes indicate deleted language.