reglab/housing_qa huggingface dataset:
SD Codified L § 32-3-38.2 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-38.2 - Certain fleet leasing contracts do not create sale or security interest--Not applicable to personal leases.

32-3-38.2. Certain fleet leasing contracts do not create sale or security interest--Not applicable to personal leases.Motor vehicle fleet leasing contracts containing a terminal rental adjustment provision do not create a sale or security interest solely because the agreement provides that the rental price may be adjusted by the amount realized upon sale or other disposition of the motor vehicle or trailer. This section does not apply to vehicles or trailers leased or used primarily for personal, family, or household purposes. Source: SL 2003, ch 161, §1.
SD Codified L § 32-3-38.3 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-38.3 - Dealer required to utilize electronic title file system.

32-3-38.3. Dealer required to utilize electronic title file system.Upon the sale or acquisition of any vehicle required to be titled pursuant to this chapter, a dealer licensed pursuant to this title shall utilize, if available, an electronic title file system approved by the department to verify vehicle ownership information and to record changes to vehicle ownership information. Source: SL 2005, ch 153, §1, eff. Jan. 1, 2008; SL 2006, ch 172, §2.
SD Codified L § 32-3-39 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-39 - Deposit of security interest instrument not required.

32-3-39. Deposit of security interest instrument not required.The provisions of chapters 44-10, 44-11, and §§57A-9-501 to 57A-9-530, inclusive, shall not be construed to apply to or to permit or require the deposit, filing, or other record whatsoever, of a chattel mortgage, conveyance intended to operate as a mortgage, conditional sales contract, mechanic's lien, or similar instrument, (herein referred to as liens) or any copy of the same covering a motor vehicle, trailer, or semitrailer, executed and delivered after July 1, 1951. Source: SDC 1939, §44.0203 (1) as added by SL 1951, ch 229, §3; SL 1965, ch 186, §3.
SD Codified L § 32-3-40 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-40 - Security interests created prior to enactment of statute.

32-3-40. Security interests created prior to enactment of statute.The provisions of the law then in effect shall continue to apply to the deposit, filing, refiling, or other record whatsoever of a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or other similar instrument or any copy of same covering a motor vehicle, trailer, or semitrailer, made prior to July 1, 1951. Source: SDC 1939, §44.0203 (1) as added by SL 1951, ch 229, §3; SL 1965, ch 186, §3.
SD Codified L § 32-3-41 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-41 - Liens noted on certificate valid against creditors of debtor, subsequent purchasers, and other claimants--Perfection of liens noted on-line .

32-3-41. Liens noted on certificate valid against creditors of debtor, subsequent purchasers, and other claimants--Perfection of liens noted on-line .A security interest, mechanic's lien, or similar instrument other than a financing statement covering a motor vehicle, trailer, or semitrailer, or any vehicle required to be titled under the provisions of this chapter, is valid against the creditors of the debtor, whether armed with process or not, and subsequent purchasers and other lien holders or claimants, but otherwise is not valid against them if notation of the lien has been made by the seller, buyer, owner, holder of the instrument, or an agent of the secretary on the manufacturer's statement of origin or the manufacturer's certificate of origin. In the case of a certificate of title, if a notation of the lien has been made by the secretary, an agent of the secretary, or a county treasurer on the face of the certificate of title, or if notation of the lien has been made by the seller, buyer, owner, holder of the instrument, or agent of the secretary on the reverse of the certificate of title, the lien is valid against the creditors of the debtor, whether armed with process or not, and subsequent purchasers and other lien holders or claimants, but otherwise is not valid against them. A lien is perfected if it has been noted on the title pursuant to this section, §32-3-29, or §32-3-70 and entered into the electronic title file system. Source: SDC 1939, §44.0203 (1) as added by SL 1951, ch 229, §3; SL 1965, ch 186, §3; SL 1967, ch 187; SL 1989, ch 257, §39; SL 1997, ch 180, §1; SL 1998, ch 171, §1; SL 2003, ch 160, §5; SL 2012, ch 159, §1; SL 2017, ch 128, §4.
SD Codified L § 32-3-42 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-42 - Vehicles held in stock--Security interests acquired previous to enactment of statute.

32-3-42. Vehicles held in stock--Security interests acquired previous to enactment of statute.Section 32-3-41 shall not apply to any security interest in a motor vehicle in stock or acquired for stock purposes if such security interest was acquired or perfected under the provisions of Title 57A. Source: SDC Supp 1960, §44.0203 (1) as added by SL 1965, ch 186, §3; SL 1967, ch 187.
SD Codified L § 32-3-43 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-43 - Notation of lien on certificate of title--Liability of holder of certificate of title for refusal to deliver.

32-3-43. Notation of lien on certificate of title--Liability of holder of certificate of title for refusal to deliver.The county treasurer, upon receipt of a lien or title instrument duly executed in the manner prescribed by law governing such instruments, together with the fee prescribed for notation thereof which is nonrefundable, shall notify the holder of the certificate of title to deliver to the treasurer, within fifteen days from the date of notice, the certificate of title to permit notation of a lien, and, if necessary, the issuance of a new certificate of title provided in §32-3-36. After the notation of lien the treasurer shall deliver the certificate of title to the owner or as otherwise directed by the owner. The secured party shall be mailed or delivered notification of the party's security interest as filed and noted on the certificate of title. The holder of a certificate of title who refuses to deliver a certificate of title to the treasurer for the purpose of showing the lien on the certificate of title within fifteen days from the date when notified to do so by the treasurer, is liable for damages to the lien holder for the amount of damages the lien holder suffered by reason of the holder of the certificate of title refusing to permit the showing of the lien on the certificate of title. Source: SDC 1939, §44.0203 (1) as added by SL 1951, ch 229, §3; SL 1965, ch 186, §3; SL 1990, ch 229, §4; SL 1992, ch 206; SL 2003, ch 160, §6.
SD Codified L § 32-3-44 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-44 - Release on discharge of lien--Liability for failure to release--Delivery of certificate after entry of discharge.

32-3-44. Release on discharge of lien--Liability for failure to release--Delivery of certificate after entry of discharge.If a lien is discharged, the lienholder shall execute a release within twenty days after final payment is received. The release shall contain the vehicle identification number or the certificate of title number, and the owner's name. The lienholder shall deliver the release along with the certificate of title if held by the lienholder, to any county treasurer. The treasurer shall note the cancellation of the lien on the face of the certificate of title and on the same day shall notify the secretary. The secretary shall cancel the lien on the state's computer system, if the county treasurer has not done so. If the certificate of title is lost as set forth in §32-3-29, application for duplicate title may be forwarded along with the release to the department. The department shall cancel the lien. For failure to comply with these provisions relating to releasing a lien, the lienholder is liable to the owner for all damages sustained by the owner. The county treasurer shall mail or deliver the certificate of title to the owner, or as otherwise directed by the owner. Upon the satisfaction of a security interest in a motor vehicle, trailer, or semitrailer for which the certificate of title is in the possession of the owner, the secured party shall within twenty days after final payment is received, execute a release of security interest on the form prescribed by the department and mail or deliver such release to the owner or as otherwise directed by the owner. Source: SDC 1939, §44.0203 (1) as added by SL 1951, ch 229, §3; SL 1965, ch 186, §3; SL 1989, ch 257, §40; SL 1990, ch 229, §5; SL 1993, ch 219, §4; SL 2003, ch 160, §7; SL 2013, ch 135, §2; SL 2017, ch 128, §5.
SD Codified L § 32-3-45 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-45 - Fees for notation.

32-3-45. Fees for notation.The county treasurer shall charge a fee of ten dollars for each notation of any lien on a certificate of title. No fee may be charged for the cancellation of such lien. The fee shall be deposited in the county general fund. Source: SDC 1939, §44.0203 (3) as added by SL 1951, ch 229, §3; SL 1965, ch 185; SL 1977, ch 248; SL 1989, ch 257, §41; SL 1991, ch 238; SL 2003, ch 160, §8; SL 2016, ch 47, §5.
SD Codified L § 32-3-46 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-46 - Enforcement of liens--Filing for record not necessary--Notice of sale.

32-3-46. Enforcement of liens--Filing for record not necessary--Notice of sale.Liens on motor vehicles, trailers, or semitrailers as defined in §32-3-35 may be enforced or foreclosed in accordance with the procedural law applicable to each kind of lien. It is not necessary that a lien be filed for record as a condition precedent to foreclosure if the lien has been duly noted on the certificate of the title of the motor vehicle, trailer, or semitrailer. Any notice of sale, sale, or report of sale required by the applicable procedural law may be published, held, or filed in the county specified by the law, or if not there specified, then in the county where a copy of the certificate of title is kept by the treasurer as provided by §32-3-28. Further, if the lien holder verifies in writing that the owner of the collateral did not surrender the certificate of title, the affidavit shall be accepted as prima facie evidence of the lien and may be used in lieu of the certificate of title, and the certificate of title need not be surrendered at the time of foreclosure. Source: SDC 1939, §44.0203 (4) as added by SL 1955, ch 162; SL 1961, ch 222; SL 1965, ch 186, §3; SL 1990, ch 229, §7; SL 2003, ch 160, §9.
SD Codified L § 32-3-47 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-47 - Consent of lien holder required for disposal or removal of encumbered vehicle--Violation as felony.

32-3-47. Consent of lien holder required for disposal or removal of encumbered vehicle--Violation as felony.When the ownership of a motor vehicle, trailer, or semitrailer is subject to a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, as provided in §§32-3-30 to 32-3-46, inclusive, it shall be unlawful, prior to the performance of the conditions contained in any of the above instruments and the discharge of the obligations imposed thereby, to intentionally or with intent to defraud, materially injure, destroy, conceal, sell, mortgage, or otherwise dispose of, or remove from the State of South Dakota, except temporarily in accordance with its usual and customary use, a motor vehicle, trailer, or semitrailer subject to any of the above instruments without first having received the written permission of the then owner or holder of such chattel mortgage, conditional sales contract, mechanic's lien, trust receipt, or of any similar instrument, unless such instrument specifically waives such requirements of written notice as herein provided. Whoever shall violate this section shall be guilty of a Class 6 felony. Source: SDC 1939, §44.0203 (5) as added by SL 1957, ch 216; SDC Supp 1960, §44.9951; SL 1965, ch 186, §3.
SD Codified L § 32-3-48 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-48 - Power to revoke or refuse to issue certificate or registration--Notification to applicant.

32-3-48. Power to revoke or refuse to issue certificate or registration--Notification to applicant.If it appears at any time to the secretary that an applicant for a certificate of title or registration of a motor vehicle, trailer, or semitrailer is not entitled thereto, under the provisions of this chapter or chapter 32-5 or 32-5B, the secretary may refuse to issue a certificate or to register any vehicles owned by the person. If it is determined that the title holder or lienholder was not entitled to a title or registration already issued, under the provisions of this chapter or chapter 32-5, 32-9, 32-10, or 32-5B, the department shall by certified mail notify the title holder or lienholder that the title or license plate will be revoked and canceled ten days after the date of receipt, refusal to accept receipt, or the last day the postal service attempted delivery. The notice shall also demand that the title holder or lienholder return the certificate of title or license plates to the department. If the vehicle owner or lienholder believes that the title or registration should not be revoked, the owner may request in writing, a hearing pursuant to the provisions of chapter 1-26. The request for hearing shall be made prior to the effective date of the title or registration revocation. The intentional use of title after receiving the department's notice of revocation is a Class 1 misdemeanor. Source: SDC 1939, §44.0207; SL 1965, ch 186, §6; SL 1986, ch 242, §3; SL 1989, ch 257, §42; SL 1997, ch 179, §2.
SD Codified L § 32-3-49 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-49 - Cancellation of certificate--Notification to county treasurer--Notification to certificate holder and lien holder--Surrender of certificate.

32-3-49. Cancellation of certificate--Notification to county treasurer--Notification to certificate holder and lien holder--Surrender of certificate.Upon cancellation of any certificate of title, the secretary shall notify the county treasurer of the county where the duplicate certificate of title of the vehicle, trailer, or semitrailer is involved was kept. The treasurer shall thereupon enter the cancellation upon the treasurer's records. The secretary shall also notify the person to whom the certificate of title was issued as well as any lien holder appearing thereon of the cancellation and shall demand the surrender of the certificate of title. However, the cancellation may not affect the validity of any lien noted thereon. The holder of the certificate shall return same to the secretary forthwith. Source: SDC 1939, §44.0208 (1) as added by SL 1951, ch 229, §4; SL 1965, ch 186, §7; SL 1989, ch 257, §43; SL 2003, ch 160, §10.
SD Codified L § 32-3-50 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-50 - Cancellation of receipt of registration upon cancellation of certificate--Return of receipt and license plates--Confiscation.

32-3-50. Cancellation of receipt of registration upon cancellation of certificate--Return of receipt and license plates--Confiscation.If a receipt of registration has been issued to the holder of a certificate of title canceled by the secretary, the secretary shall immediately cancel the same and demand the return of such receipt of registration, and the license plates or tags issued therewith, and the holder of such receipt of registration or license plates or tags shall return the same to the secretary forthwith. If the registration, license plates or tags, or title is not returned, the secretary may notify the highway patrol or the local law enforcement agency which shall confiscate license plates or tags and return them to the department. Source: SDC 1939, §44.0208 (1) as added by SL 1951, ch 229, §4; SL 1965, ch 186, §7; SL 1986, ch 242, §34.
SD Codified L § 32-3-51 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-51 - Dismantled or destroyed vehicle--Return of plates and title to department--Cancellation of registration--Consent of lien holder--Notation on certificate--Destruction of certificates--Retention of record--Removal of identification numbers as felony.

32-3-51. Dismantled or destroyed vehicle--Return of plates and title to department--Cancellation of registration--Consent of lien holder--Notation on certificate--Destruction of certificates--Retention of record--Removal of identification numbers as felony.If a vehicle is permanently destroyed, crushed, or compacted so that it can no longer be used on the public highways or used for parts, the owner shall detach the registration plates and forward them, along with the registration card and certificate of title, within fifteen days, to the department. The department shall cancel the registration card and the title on its records. If the title shows any lien, the lien holder's consent to the cancellation shall be endorsed on the certificate of title. The certificate of title surrendered by the owner shall have noted thereon the purpose of cancellation and, in case of a transfer, the assignment on the reverse side shall be completed. The department shall destroy the certificate of title and other records pertaining thereto, but shall keep an appropriate record of all such vehicles destroyed, crushed, or compacted and denoting the name and address of the last owner thereof. The owner may not remove the vehicle's identification number or other identification numbers. Removal of the vehicle's identification number or other identification numbers is a Class 6 felony. Source: SDC 1939, §44.0211-4 as enacted by SL 1965, ch 183; SL 1984, ch 217, §3; SL 1985, ch 239, §1; SL 1986, ch 242, §30.
SD Codified L § 32-3-51.5 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-51.5 - Vehicle with out-of-state marked title--Damage disclosure information--Salvage title or junking certificate.

32-3-51.5. Vehicle with out-of-state marked title--Damage disclosure information--Salvage title or junking certificate.Any motor vehicle, trailer, or semitrailer whose title has been marked by another state or jurisdiction, shall receive a title, which shall contain similar damage disclosure information. However, if the title has been branded as salvage or with any other similar brand by another state or jurisdiction the applicant shall receive a salvage title or, at the option of the owner, a junking certificate. Source: SL 1988, ch 238, §3; SL 1990, ch 231, §4; SL 1996, ch 190, §1; SL 2005, ch 155, §6; SL 2015, ch 157, §1.
SD Codified L § 32-3-51.6 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-51.6 - Rebuilt title.

32-3-51.6. Rebuilt title.Any motor vehicle, trailer, or semitrailer, whose title has been marked by this state or another state or jurisdiction as rebuilt or with any other similar brand approved for highway use shall only receive a rebuilt title. Source: SL 1988, ch 238, §4.
SD Codified L § 32-3-51.11 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-51.11 - Retention of damage disclosure statement by department--Part of title history.

32-3-51.11. Retention of damage disclosure statement by department--Part of title history.The department shall retain each damaged disclosure statement received. The statement shall become part of the title history available to the public pursuant to §32-3-30.2. Source: SL 1988, ch 238, §7.
SD Codified L § 32-3-51.12 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-51.12 - Junking certificate required for vehicle being dismantled--Removal of identification number prohibited--Violation as felony.

32-3-51.12. Junking certificate required for vehicle being dismantled--Removal of identification number prohibited--Violation as felony.Any owner of a motor vehicle that is being dismantled for the purpose of selling its parts shall apply for a junking certificate.The license plates, registration card, and certificate of title shall accompany the application for junking certificate. The department shall cancel the registration card and the title on its records and issue a junking certificate. If the title shows any lien, the lien holder's consent to the issuance of the junking certificate shall be endorsed on the certificate of title. The owner may not remove the vehicle's identification number or other identification numbers. Removal of the vehicle's identification number or other identification numbers is a Class 6 felony. Source: SL 1988, ch 238, §8; SL 1989, ch 258; SL 1996, ch 190, §3.
SD Codified L § 32-3-51.13 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-51.13 - Rebuilt or salvage vehicle--Application for junking certificate--Inspection.

32-3-51.13. Rebuilt or salvage vehicle--Application for junking certificate--Inspection.Any motor vehicle, whose title has been marked as rebuilt or salvage by this state or any other state or jurisdiction, or any motor vehicle, whose owner is applying for a junking certificate, may be inspected by an employee of the department, or a person designated by the department. Source: SL 1988, ch 238, §9.
SD Codified L § 32-3-51.16 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-51.16 - Information required on first and subsequent South Dakota titles for vehicles coming into state.

32-3-51.16. Information required on first and subsequent South Dakota titles for vehicles coming into state.The department shall, in a conspicuous location, place on the first South Dakota title and all subsequent titles issued for any motor vehicle for which a certificate of title was issued by another state, the name of the previous state and any brand or notation indicated on the title by that state. Source: SL 1992, ch 207, §3; SL 2004, ch 201, §1.
SD Codified L § 32-3-51.17 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 03 - Title Registration Liens And Transfers|Section 32-3-51.17 - Junking certificate for nonrebuildable vehicle.

32-3-51.17. Junking certificate for nonrebuildable vehicle.Any motor vehicle, trailer, or semitrailer whose title has been marked as nonrebuildable, parts only, or whose owner has designated that the vehicle should not be placed upon the roads and highways, shall receive a junking certificate. Source: SL 1996, ch 190, §2.