32-12-3.1.
Birth certificate submitted with application--Other documents--Foreign records--
New evidence not required for license or permit--Misdemeanor.
Any applicant under this chapter
shall, on making application for an operator's license, motorcycle operator's license, restricted
minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction
permit, or nondriver identification card, present to the examiner a certified copy of a United States
birth certificate issued in or by a city, county, or state, a tribal identification card that provides
evidence that a certified birth certificate issued by a city, county, or state was used to obtain the tribal
identification card and is in a form and content acceptable to the Department of Public Safety, a
naturalization and immigration record authorizing the applicant's presence in the United States, or
a valid passport. If any of the documentation offered by the applicant includes a naturalization and
immigration record or has been issued by a foreign country or jurisdiction, the department shall make
a copy of the documentation and shall retain the copy for one year from the date the copy was made
or until the expiration of any license, permit, or identification card issued in reliance upon the
documentation, whichever is later. The examiner may accept other evidence of birth only if the
examiner is satisfied that the applicant cannot, for good reason beyond the applicant's control,
produce such primary documents. The Department of Public Safety may not require new evidence
of birth at the time an application is made by a person holding an operator's license, motorcycle
operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit,
motorcycle instruction permit, or nondriver identification card, if that person's driver license or
nondriver identification card is turned in to the department with the application. Any person who
obtains a driver license or nondriver identification card pursuant to this section fraudulently or by
use of a fraudulently obtained document is guilty of a Class 2 misdemeanor.
Source: SDC Supp 1960, § 44.03B05 as added by SL 1966, ch 136, § 1; SDCL, § 32-12-10; SL
1970, ch 173; SL 1976, ch 189; SL 1977, ch 254; SL 1987, ch 227; SL 1989, ch 265, § 1; SL 1997,
ch 188, § 1; SL 2001, ch 171, § 3; SL 2001, ch 172, § 1; SL 2003, ch 272, § 23; SL 2005, ch 164,
§ 1.