reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-24 - Burden of proving ownership--Issuance of certificate.

32-3-24. Burden of proving ownership--Issuance of certificate.
The burden of proving his ownership and title shall be upon the applicant for a certificate of title. If satisfied that the applicant is the owner of the motor vehicle, trailer, or semitrailer and the application is in proper form, the secretary shall issue a certificate of title over his signature, but not otherwise.
Source:
SDC 1939, §44.0203; SL 1945, ch 187; SL 1951, ch 229, §2; SL 1955, ch 161; SDC Supp 1960, §44.0202 (8); SL 1965, ch 186, §2; SL 1989, ch 257, §26.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-25 - Application for title and registration by dealer on behalf of customer--Location of filing.

32-3-25. Application for title and registration by dealer on behalf of customer--Location of filing.
If an application for title and registration is filed by a dealer on behalf of a customer,the application shall be filed in the customer's county of residence.
Source:
SDC 1939, §44.0202 (8) as added by SL 1951, ch 229, §2; SL 1955, ch 161; SL 1965, ch 186, §2; SL 1989, ch 257, §27; SL 2004, ch 200, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-26 - Time for filing application for certificate--Vehicles in dealer's stock.

32-3-26. Time for filing application for certificate--Vehicles in dealer's stock.
In any transfer of a motor vehicle, trailer, or semitrailer, the application for certificate of title shall be filed within forty-five days after the date of assignment of such motor vehicle, trailer, or semitrailer. However, licensed dealers need not apply for a certificate of title for any motor vehicle, trailer, or semitrailer in stock or acquired for stock purposes. Upon transfer of such a vehicle the licensed dealer shall give the transferee a reassignment of the certificate of title on such motor vehicle, trailer, or semitrailer or an assignment of a manufacturer's statement of origin or a manufacturer's certificate of origin.
Source:
SDC 1939, §44.0202 (8) as added by SL 1951, ch 229, §2; SL 1955, ch 161; SL 1965, ch 186, §2; SL 1989, ch 257, §28; SL 1990, ch 228, §2; SL 2015, ch 156, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-27 - Late application for certificate--Additional fee--Application delay as misdemeanor.

32-3-27. Late application for certificate--Additional fee--Application delay as misdemeanor.
Except as provided in §32-3-26 for licensed dealers, if the application for certificate of title is presented more than forty-five days after date of assignment of the certificate of title or the manufacturer's certificate of origin of the motor vehicle, trailer, or semitrailer to the purchaser, the officer receiving the application shall collect, in addition to the fee established in §32-3-18, a late fee of one dollar for each week or fraction thereof beyond the forty-five day limitation for twenty-five weeks and a late fee of fifty dollars for twenty-six weeks or more. Any person applying for a title more than ninety days after the date of assignment is guilty of a Class 2 misdemeanor. If the purchaser of a vehicle fails to comply with the provisions of §32-3-26 to transfer the title within forty-five days, and the seller files a written complaint attesting to the facts, the purchaser is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §44.0202 (8) as added by SL 1955, ch 161; SL 1957, ch 215; SL 1965, ch 186, §2; SL 1981, ch 231, §2; SL 1986, ch 242, §2; SL 1990, ch 228, §3; SL 1992, ch 205; SL 1997, ch 179, §1; SL 2015, ch 156, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-28 - Issuance of certificate in paper or electronic form--Notation of liens.

32-3-28. Issuance of certificate in paper or electronic form--Notation of liens.
The secretary shall issue the certificate of title in paper form or electronic form. If there is no lien noted on the certificate of title or a paper copy is requested pursuant to §32-3-70, the secretary shall sign the original certificate of title, deliver the paper copy certificate to the owner named on the title, or as otherwise directed by the owner postage prepaid, and maintain an electronic copy for record keeping. If there are one or more liens on the motor vehicle, trailer, or semitrailer, the secretary shall properly note each lien in the order of priority on the certificate of title which shall be maintained electronically until each lien is released. A secured party, if any, may obtain electronic confirmation of the party's security interest as filed and noted on the certificate of title.
Source:
SDC 1939, §44.0202; SL 1951, ch 229, §2; SDC Supp 1960, §44.0202 (9); SL 1963, ch 252; SL 1965, ch 186, §2; SL 1989, ch 257, §29; SL 1990, ch 229, §2; SL 2003, ch 160, §1; SL 2018, ch 174, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-29 - Lost certificates--Fee for duplicate.

32-3-29. Lost certificates--Fee for duplicate.
In the case of lost certificates of title, duplicates may be issued if the loss is accounted for to the satisfaction of the secretary. Any lien to be noted on a certificate of title shall be evidenced by a copy of the security interest when a person applies for a duplicate certificate of title. A fee of ten dollars shall be paid to the secretary for each duplicate issued.
Source:
SDC 1939, §44.0209; SL 1957, ch 217; SL 1981, ch 231, §3; SL 1986, ch 242, §36; SL 2017, ch 128, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-30 - Certificate to show chain of title--Exceptions.

32-3-30. Certificate to show chain of title--Exceptions.
Except as provided in §§32-3-6, 32-3-24, and 32-3-32, every motor vehicle, trailer, or semitrailer certificate of title, upon transfer of ownership, shall contain a complete record showing the chain of title of such motor vehicle, trailer, or semitrailer from the owner named on the front of the title to and including the applicant presenting the same as evidence of ownership and applying for a new certificate of title.
Source:
SL 1955, ch 193, §1; SDC Supp 1960, §44.0203-1; SL 1965, ch 186, §4; SL 1988, ch 236, §7; SL 1989, ch 257, §30.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-30.1 - Odometer information on certificate--Required on sale--Falsification as felony.

32-3-30.1. Odometer information on certificate--Required on sale--Falsification as felony.
Each certificate of title issued by the department for a motor vehicle equipped with an odometer shall contain odometer disclosure information which complies with the provisions of the Truth in Mileage Act of 1986 (Public Law 99-579) as amended as of December 4, 2015.
Upon the sale or trade-in of a motor vehicle, the owner, seller, or auctioneer shall accurately complete the odometer disclosure information contained on the vehicle's title document and, if applicable, the secured power of attorney before surrendering or transferring the title. It is a Class 6 felony to falsify any information contained within the odometer disclosure statement. The department may refuse to transfer the title or issue a new title if the owner, seller, or auctioneer does not complete the odometer disclosure information on the vehicle title.
Source:
SL 1978, ch 222, §1; SL 1985, ch 238, §4; SL 1988, ch 236, §8; SL 1989, ch 257, §31; SL 1990, ch 230, §2; SL 1993, ch 219, §2; SL 2021, ch 125, § 3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-30.2 - Abstract of title history or damage disclosure statements--Fee.

32-3-30.2. Abstract of title history or damage disclosure statements--Fee.
The department may, upon written request and payment of a five dollar fee, furnish a person an abstract of the title history of any motor vehicle and semitrailer registered pursuant to this title including any damage disclosure statement of the motor vehicle and semitrailer. The abstract may include all documents filed with the department to establish the title history of the vehicle and semitrailer. The fee shall be deposited in the state motor vehicle fund. Governmental entities and their subdivisions are exempt from this fee requirement.
Source:
SL 1980, ch 212, §1; SL 1988, ch 238, §7B; SL 1989, ch 257, §32; SL 1990, ch 231, §6; SL 2021, ch 130, § 2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-31 - Dealer prohibited from taking certificate which does not show name of vendor and vendee--Violation as misdemeanor.

32-3-31. Dealer prohibited from taking certificate which does not show name of vendor and vendee--Violation as misdemeanor.
Except as provided in §32-3-32 it is a Class 2 misdemeanor to deliver or accept a transfer or assignment of a motor vehicle, trailer, or semitrailer certificate of title issued by the State of South Dakota, or a motor vehicle, trailer, or semitrailer muniment of title from another state, which does not contain or set forth the name of the seller and the name of the purchaser involved in the transfer of the motor vehicle, trailer, or semitrailer.
Source:
SL 1955, ch 193, §§1, 2; SDC Supp 1960, §§44.0203-1, 44.9952; SL 1965, ch 186, §4; SL 1989, ch 257, §33.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-32 - Dealer's acceptance of out-of-state certificates.

32-3-32. Dealer's acceptance of out-of-state certificates.
Notwithstanding §§32-3-30 and 32-3-31, dealers licensed under chapter 32-6B may accept and transfer out-of-state certificates or muniments of title for motor vehicles, trailers, or semitrailers.
Source:
SL 1955, ch 193, §1; SDC Supp 1960, §44.0203-1; SL 1965, ch 186, §4; SL 1989, ch 257, §34; SL 2020, ch 129, § 1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-33 - Change of county of use of vehicle--Issuance of duplicate for filing by treasurer--Validity of liens.

32-3-33. Change of county of use of vehicle--Issuance of duplicate for filing by treasurer--Validity of liens.
If, after a certificate of title has been issued for a motor vehicle, trailer, or semitrailer, the county in which it is kept for use shall be changed, then upon application of the owner, so stating, the secretary may authorize the transfer of the duplicate certificate of title from the office of the treasurer of the county in which it was formerly kept to the county where the motor vehicle, trailer, or semitrailer is presently kept. Thereafter the county treasurer of the county in which such duplicate title certificate is transferred shall perform the duties imposed by this chapter. However, the keeping of a duplicate certificate of title in the office of the treasurer of a county in which the motor vehicle, trailer, or semitrailer is not actually kept may not affect the validity of the title or of any contract, lien, or encumbrance upon the motor vehicle, trailer, or semitrailer described in the certificate.
Source:
SDC 1939, §44.0202 (9) as added by SL 1951, ch 229, §2; SL 1963, ch 252; SL 1965, ch 186, §2; SL 1989, ch 257, §35; SL 2003, ch 160, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-34 - Assistance by county treasurer.

32-3-34. Assistance by county treasurer.
The county treasurer shall assist in the administration of this chapter and perform such duties in connection therewith as may be required by the secretary.
Source:
SDC 1939, §44.0202; SL 1951, ch 229, §2; SDC Supp 1960, §44.0202 (6); SL 1988, ch 236, §9; SL 2003, ch 160, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-35 - Manufacturer's statement or certificate of origin pending issuance of certificate of title--Priority of liens.

32-3-35. Manufacturer's statement or certificate of origin pending issuance of certificate of title--Priority of liens.
A manufacturer's statement of origin or manufacturer's certificate of origin shall be deemed to be in possession of the lien holder while being transmitted to the secretary and until issuance of a certificate of title by the secretary showing the lien. All contracts, liens, mortgages, and encumbrances, noted on a certificate of title, shall take priority according to the order of time in which the liens were noted.
Source:
SDC 1939, §44.0203 (1) as added by SL 1951, ch 229, §3; SL 1965, ch 186, §3; SL 1989, ch 257, §36.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-36 - All lien spaces filled--Issuance of new certificate.

32-3-36. All lien spaces filled--Issuance of new certificate.
If all spaces provided on the certificate of title for the notation of liens have been filled, before an additional lien can be noted, the lien holder or the owner of the vehicle shall submit the certificate to the secretary who shall then issue to the owner a new certificate of title, noting thereon in order of priority all unreleased liens shown on the old certificates of title. The additional secured party shall be mailed or delivered conspicuous notification of its security interest as filed and noted 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 1989, ch 257, §37; SL 1990, ch 229, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-37 - Sale of encumbered vehicle with knowledge of lien holder--Effect against subsequent purchasers.

32-3-37. Sale of encumbered vehicle with knowledge of lien holder--Effect against subsequent purchasers.
Exposure for sale of any motor vehicle, trailer, or semitrailer by the owner thereof, with the knowledge and consent of the holder of any lien, mortgage, or encumbrance thereon, shall not render the same void or ineffective as against subsequent purchasers or the creditors of such owner or the holders of subsequent liens, mortgages, or encumbrances upon such motor vehicles, trailers, or semitrailers.
Source:
SDC 1939, §44.0203 (1) as added by SL 1951, ch 229, §3; SL 1965, ch 186, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-38 - Holder of security interest entitled to have notation of lien made by treasurer--Notification to department--Notation on instrument and certificate of title.

32-3-38. Holder of security interest entitled to have notation of lien made by treasurer--Notification to department--Notation on instrument and certificate of title.
The holder of a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, upon presentation of the certificate of title to the office of the titled owner's county treasurer, together with the fee prescribed by this chapter, may have a notation of the lien made on the certificate of title. The treasurer shall enter the notation and the date thereof over the signature of the officer or deputy and the seal of office. The treasurer on that day shall notify the department. The department shall note the lien on the state's computer system, if the county treasurer has not done so.
Source:
SDC 1939, §44.0203 (1) as added by SL 1951, ch 229, §3; SL 1965, ch 186, §3; SL 1989, ch 257, §38; SL 1993, ch 219, §3; SL 1998, ch 171, §6; SL 2003, ch 160, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-38.1 - Bank, savings and loan association, credit union, or dealer access to motor vehicle title and lien information on state's computer system.

32-3-38.1. Bank, savings and loan association, credit union, or dealer access to motor vehicle title and lien information on state's computer system.
Any bank, savings and loan association, credit union, or any dealer licensed pursuant to this title may be provided access to motor vehicle title and lien information maintained on the state's computer system via a modem and terminal owned by the bank, savings and loan association, credit union, or dealer. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to specify access availability. The Department of Revenue may deny or revoke authority previously granted for accessing this information if the information accessed is used for any purpose not authorized by law.
Source:
SL 1994, ch 363, §3; SL 2004, ch 17, §40; SL 2005, ch 153, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-51.18 - Vehicle dealers required to display damage disclosure statement--Return of vehicle.

32-3-51.18. Vehicle dealers required to display damage disclosure statement--Return of vehicle.
Any vehicle that is required to be titled pursuant to this chapter and is sold or offered for sale by a vehicle dealer or a used vehicle dealer as defined in §32-6B-1 shall display a sticker, decal, or notice that discloses damage to the vehicle for which the current title denotes a salvage brand or similar brand denoting damage to that vehicle. The department shall promulgate rules pursuant to chapter 1-26 to prescribe the format and construction of the sticker, decal, or notice. If the dealer fails to comply with this section, the purchaser of the motor vehicle may return the motor vehicle to the dealer within ten days after receiving the title, and the dealer shall make a full refund to the purchaser.
Source:
SL 1999, ch 153, §5; SL 2004, ch 209, §2; SL 2007, ch 172, §1; SL 2015, ch 157, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-51.19 - Salvage vehicle defined--Application.

32-3-51.19. Salvage vehicle defined--Application.
For purposes of §§32-3-51.5, 32-3-51.20, and 32-3-51.21, the term, salvage vehicle, means any motor vehicle that an insurer or self insurer determines a total loss due to theft or to damage caused by fire, vandalism, collision, weather, submersion in water, or flood. This section does not apply to any motor vehicle more than ten model years old or with a gross vehicle weight rating of more than sixteen thousand pounds.
Source:
SL 2005, ch 155, §2; SL 2006, ch 157, §1; SL 2010, ch 150, §1; SL 2015, ch 157, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-51.20 - Insurer or self insurer acquiring ownership of salvage vehicle without salvage vehicle title to surrender certificate of title--Salvage title issued--Rebuilt title.

32-3-51.20. Insurer or self insurer acquiring ownership of salvage vehicle without salvage vehicle title to surrender certificate of title--Salvage title issued--Rebuilt title.
If an insurer, in settlement of a total loss insurance claim, or self insurer acquires the ownership of any salvage vehicle as defined in §32-3-51.19 that does not have a salvage vehicle title, the insurer shall within forty-five days following acquisition of the certificate of title of that vehicle, surrender the certificate of title for the vehicle to the department. The department shall promptly issue a title indicating it is a salvage vehicle to the insurer or self insurer. If a vehicle has been branded a salvage vehicle, nothing in this section prohibits a person from obtaining a rebuilt title pursuant to §32-3-53.
Source:
SL 2005, ch 155, §3; SL 2016, ch 154, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-51.21 - Owner to obtain salvage title if insurer or self insurer declares vehicle total loss but does not acquire ownership--Notice--Sale without title as misdemeanor--Application.

32-3-51.21. Owner to obtain salvage title if insurer or self insurer declares vehicle total loss but does not acquire ownership--Notice--Sale without title as misdemeanor--Application.
If an insurer or self insurer declares a vehicle to be a total loss but does not acquire ownership of the vehicle, the owner shall obtain a salvage title for the vehicle. The insurer or self insurer shall, in writing, notify the owner of the obligation to obtain a salvage title before the owner sells or transfers the title. If the owner sells or transfers the ownership of the vehicle without first obtaining a salvage title, the owner is guilty of a Class 1 misdemeanor. This section does not apply to any motor vehicle more than ten model years old or with a gross vehicle weight rating of more than sixteen thousand pounds.
Source:
SL 2005, ch 155, §4; SL 2015, ch 157, §10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-51.22 - Recovered stolen vehicles--Inspection--Title--Salvage vehicle.

32-3-51.22. Recovered stolen vehicles--Inspection--Title--Salvage vehicle.
If a stolen vehicle is recovered, the insurer or self insurer shall, within forty-five days of recovery, inspect the vehicle and apply for a title.
If the vehicle has no damage or the damage is less than that defined in §32-3-51.19, the insurer or self insurer shall surrender the existing salvage title to the department. The department shall promptly issue a title marked as a recovered theft with no salvage notation.
However, if the condition of the vehicle is such that it would have been determined a salvage vehicle as defined in §32-3-51.19 due to the damage to the vehicle, the salvage title is retained and the insurer or self insurer is not required to apply for a title pursuant to this section.
Source:
SL 2010, ch 150, §2; SL 2015, ch 157, §11; SL 2016, ch 154, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-52 - Surrender of indicia of ownership by dealers, salvage yards, and others.

32-3-52. Surrender of indicia of ownership by dealers, salvage yards, and others.
Employees of the department authorized by the secretary shall require the surrender of the plates and documents for such vehicles from dealers, salvage yards, and other similar establishments, when it is determined that the plates and documents have not been forwarded to the department as required herein.
Source:
SDC 1939, §44.0211-4 as enacted by SL 1965, ch 183; SL 1989, ch 257, §44.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-53 - Restored or rebuilt vehicle--Submission to department--Inspection--Issuance of rebuilt title.

32-3-53. Restored or rebuilt vehicle--Submission to department--Inspection--Issuance of rebuilt title.
If any vehicle, trailer, or semitrailer is rebuilt as defined in subdivision 32-3-1(17) and is restored to operation, the owner shall submit an application to the Department of Revenue for a rebuilt title. The motor vehicle, trailer, or semitrailer may not be licensed or titled until there is submitted to the department proper affidavits, photo copies of receipts, bills of sale establishing ownership, or titles and the source of all parts and component parts used to rebuild the vehicle. The rebuilt title and registration shall be issued and delivered in accordance with the provisions of this chapter. After the motor vehicle is inspected, the owner shall take his copy of the certificate of inspection to the county treasurer, purchase his license plates and pay any tax owed. Once the department is notified that the inspection is complete and has verified that the correct amount of tax has been paid, it shall issue a rebuilt title. Each new certificate of title shall have noted thereon that the vehicle has been rebuilt. The highway patrol or an employee of the department may inspect rebuilt titles and rebuilt motor vehicles.
Source:
SDC 1939, §44.0211-4 as enacted by SL 1965, ch 183; SL 1984, ch 217, §1; SL 1985, ch 239, §5; SL 1988, ch 238, §14; SL 2004, ch 17, §42; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.