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Senate rejects bill to expand passengers allowed for restricted minors permits amid safety and liability concerns

February 14, 2025 | 2025 Legislative SD, South Dakota


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Senate rejects bill to expand passengers allowed for restricted minors permits amid safety and liability concerns
The Senate declined to pass House Bill 11‑21, a measure to relax passenger limits for holders of restricted minors driving permits so that 15‑year‑old permit holders could transport nonfamily passengers when providing paid childcare or similar employment.

Sponsor Senator Tim Sauter said the change would help families and rural communities address childcare and workforce needs by allowing trusted teen caregivers to transport children to activities and appointments. Sauter noted that the restricted permit already includes graduated requirements — instruction permit periods and six‑month restrictions on passengers — and the bill would apply after that initial safety period.

Opponents, including Senator Jason Hoehn, cited national crash statistics showing higher fatal crash rates for teen drivers and data from AAA and NHTSA indicating increased crash risk with teen passengers. Senator Hoehn recounted a family tragedy involving an 18‑year‑old distracted driver and urged senators not to prioritize convenience over safety. He also raised potential insurance and legal liability questions, including negligent entrustment and workers' compensation exposure for teens acting in a paid capacity.

Proponents emphasized parental choice and the differing geographic needs across rural and urban districts. On final passage the secretary announced the bill failed, with the recorded tally indicated as 11 yeas and 24 nays.

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