reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-25 - Records kept for proportionally registered fleet--Inspection by administrator--Joint audits.

32-10-25. Records kept for proportionally registered fleet--Inspection by administrator--Joint audits.
Any owner whose application for proportional registration has been accepted shall preserve the records on which the application is based for a period of four full years following the year or period upon which said application is based. Upon request of the administrator, the owner agrees to make such records available to the administrator at his office for audit as to accuracy of computations and payments, or to pay the reasonable costs of an audit at the home office of the owner by a duly appointed representative of the administrator. The administrator may enter into agreements with agencies of other jurisdictions administering motor vehicle registration laws for joint audits of any such owner.
Source:
SL 1961, ch 237, §17.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-27 - Statute as authority for proportional registration--Other statutes inapplicable.

32-10-27. Statute as authority for proportional registration--Other statutes inapplicable.
The provisions of §32-10-10 and of §§32-10-15 to 32-10-27, inclusive, and the other applicable provisions of this chapter shall constitute complete authority for the registration of fleet vehicles upon a proportional registration basis and without reference to or application of any other statutes of this state except as in this chapter expressly provided; but the registration of fleet vehicles under this chapter shall be subject to the rights, terms, and conditions granted by or contained by any applicable contract, agreement, arrangement, or declaration made by the administrator and shall also be prorated in accordance with the formula established in §32-10-16.
Source:
SL 1961, ch 237, §19; SL 1978, ch 225, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-28 - Otherwise registered vehicles not required to be proportionally registered--Temporarily registered vehicles.

32-10-28. Otherwise registered vehicles not required to be proportionally registered--Temporarily registered vehicles.
Nothing contained in this chapter relating to proportional registration of fleet vehicles shall be construed as requiring any vehicle to be proportionally registered if it is otherwise registered in this state for the operation in which it is engaged including, but not by way of limitation, regular registration, temporary registration, or trip permit fee or registration.
Source:
SL 1961, ch 237, §20.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-29 - Suspension or cancellation of benefits to violating carrier.

32-10-29. Suspension or cancellation of benefits to violating carrier.
Agreements, arrangements, or declarations made under the authority of this chapter may include provisions authorizing the administrator to suspend or cancel exemptions, benefits, or privileges granted thereunder for a violation of any of the conditions or terms of such agreements, arrangements, or declarations or a violation of the laws of this state relating to motor vehicles or rules and regulations lawfully promulgated thereunder.
Source:
SL 1961, ch 237, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-29.1 - Failure to surrender suspended, revoked or canceled plates or registration card as misdemeanor--Assistance by peace officers.

32-10-29.1. Failure to surrender suspended, revoked or canceled plates or registration card as misdemeanor--Assistance by peace officers.
It is a Class 1 misdemeanor for any person to fail or refuse to surrender to the Department of Revenue upon its lawful demand any proportional license plates and registration card which has been suspended, revoked, or canceled. If any person shall fail to return the proportional license plate or registration card to the secretary of revenue after lawful demand, the secretary shall forthwith direct any peace officer to secure possession thereof and return the same to the secretary.
Source:
SL 1975, ch 201, §3; SL 2004, ch 17, §125; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-30 - Form and filing of agreements made pursuant to statute--Access to instruments--Public distribution.

32-10-30. Form and filing of agreements made pursuant to statute--Access to instruments--Public distribution.
All agreements, arrangements, and declarations authorized by this chapter shall be in writing and shall be filed in the office of the administrator. A copy of each agreement, arrangement, or declaration shall be filed within fifteen days after execution or the effective date of the instrument, whichever is the later. The administrator shall provide access to the instrument to any agency administering or enforcing laws relating to vehicles. The administrator shall provide copies for public distribution upon request.
Source:
SL 1961, ch 237, §22; SL 2003, ch 48, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-31 - Agreements made prior to enactment of statute.

32-10-31. Agreements made prior to enactment of statute.
All reciprocity and proportional registration agreements, arrangements, and declarations relating to vehicles in force and effect on February 25, 1961, shall continue in force and effect until specifically amended or revoked as provided by law or by such agreements or arrangements.
Source:
SL 1961, ch 237, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-32 - Construction of statute.

32-10-32. Construction of statute.
This chapter shall be, and be construed as, a part of and supplemental to the motor vehicle registration law of this state.
Source:
SL 1961, ch 237, §24.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-33 - Severability and saving clause.

32-10-33. Severability and saving clause.
If any phrase, clause, subsection, or section of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the Legislature would have enacted this chapter without the phrase, clause, subsection, or section so held unconstitutional or invalid and the remainder of the chapter shall not be affected as a result of said part being held unconstitutional or invalid.
Source:
SL 1961, ch 237, §25.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-34 - Possession of registration documents required--Violation as misdemeanor.

32-10-34. Possession of registration documents required--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person operating a motor vehicle under the provisions of this chapter to operate a motor vehicle upon the highways of this state who does not have in his possession registration cards evidencing full and proper licensing of that particular vehicle in accordance with the provisions of this chapter.
Source:
SL 1966, ch 140; SL 1972, ch 177; SL 1988, ch 251, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-35 - Disposition of fees collected.

32-10-35. Disposition of fees collected.
Fees collected by the secretary of revenue and not otherwise provided for shall be distributed as provided by this section. Fees collected under chapter 32-10 by the secretary of revenue pursuant to §32-5B-1 shall be deposited in the state highway fund. Fees collected under chapter 32-10 by the secretary of revenue pursuant to chapter 32-9 shall be distributed with fifty-seven percent to the local government highway and bridge fund, forty-one and one-half percent to counties, one-half percent to the state motor vehicle fund, and one percent to the state license plate special revenue fund. The counties' portion shall be distributed among the counties, pro rata, twenty-five percent according to truck registrations, twenty-five percent according to population, and fifty percent according to total road mileage. Each county shall distribute fifty-four percent of its portion to the county road and bridge fund, thirty-four percent of its portion to the special highway fund as provided by subdivision 32-11-4.1(2), and twelve percent of its portion to the municipalities of the county pursuant to subdivision 32-11-4.1(3).
Source:
SL 1985, ch 252, §5; SL 1987, ch 225, §4; SL 1991, ch 250; SL 1999, ch 59, §10; SL 1999, ch 149, §5; SL 2004, ch 17, §126; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-36 - Information required to title a vehicle.

32-10-36. Information required to title a vehicle.
In addition to any information the department may require to title a vehicle, an applicant licensing in accordance with the provisions of this chapter or the terms of an agreement authorized by this chapter and entered into with other jurisdictions shall provide the department with the following information:
(1)The name under which the business is to be conducted;
(2)The business and mailing address;
(3)The name, address, phone number, and social security number of all business owners, corporate officers, or partners;
(4)The applicant's federal employer identification number, if available;
(5)The type of business organization used by the applicant;
(6)A properly signed agreement to maintain records;
(7)A properly signed power of attorney, if the applicant's licensing responsibilities are done by an independent reporting agent and the applicant wishes all department correspondence to be mailed to the agent;
(8)Proof of payment of heavy vehicle use tax, if requested by the department; and
(9)Any other information the secretary may deem necessary for the administration and enforcement of this chapter.
The department may not license any applicant who fails to provide the information requested.
Source:
SL 1994, ch 240, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-37 - Billing--Late penalty--Temporary operating authority--Failure to provide additional information--Penalty.

32-10-37. Billing--Late penalty--Temporary operating authority--Failure to provide additional information--Penalty.
Any billing for fees arising from licensing pursuant to the provisions of this chapter or the terms of an agreement authorized by this chapter and entered into with other jurisdictions shall be due and owed upon receipt. Any billing resulting from issuing temporary operating authority, not paid within thirty days of the billing will be assessed a penalty equal to ten percent of the fees owed or ten dollars whichever is greater. An applicant who fails to pay the fee within thirty days of the billing is also subject to an interest charge of one and one-half percent or five dollars whichever is greater for the first month and one and one-half percent per month or part thereof, thereafter. Any applicant who is issued temporary operating authority by the department, who fails to provide the information needed to regularly license within twenty days of the issuance of the temporary operating authority shall be assessed a penalty in the amount of twenty dollars. For reasonable cause shown, the secretary may reduce or eliminate a penalty imposed by this provision.
Source:
SL 1994, ch 240, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-38 - Unladen vehicle permits--Restrictions--Violation as misdemeanor.

32-10-38. Unladen vehicle permits--Restrictions--Violation as misdemeanor.
If a motor vehicle is proportionally registered in South Dakota with the department and the vehicle may not be operated on highways of this state because of a lease cancellation, the owner of the vehicle, upon proof of ownership, may obtain an unladen vehicle permit from the Department of Public Safety in lieu of the payment of other registration fees for the vehicle. The permit authorizes the operation of the vehicle on the highways of this state and the highways of all member jurisdictions of the international registration plan for a period not to exceed thirty days.
Any vehicle operated under an unladen vehicle permit issued pursuant to this section may only be operated while empty and may only be operated for the purpose of securing a new lease to another carrier or until the owner of the vehicle registers the vehicle in the owner's name under which proper registration may be obtained. No vehicle may be operated on the highways of this state if the registration of the vehicle has been cancelled, unless the vehicle owner has been issued an unladen vehicle permit for that vehicle pursuant to this section.
No owner operating a vehicle without proper registration or an unladen vehicle permit may operate the vehicle until the owner has purchased an unladen vehicle permit or otherwise obtained proper registration. Notwithstanding any provisions of law to the contrary, no vehicle operated on an unladen vehicle permit is subject to the laws of this state relating to motor vehicle titles during the time of operation on the unladen vehicle permit. The operation of any vehicle on the highways of this state without proper registration or an unladen vehicle permit is a Class 2 misdemeanor.
Source:
SL 2018, ch 189, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-39 - Application for unladen vehicle permit.

32-10-39. Application for unladen vehicle permit.
Application for an unladen vehicle permit shall be made on forms prescribed by the administrator. The application shall be made to the Department of Public Safety. The application shall provide an acceptable proof to the Department of Public Safety attesting that the owner of the vehicle has surrendered all plates, cab cards, and other evidence of previous registration to the previous registrant before an unladen vehicle permit may be issued. The fee for an unladen vehicle permit shall be twenty-five dollars and shall be deposited in the state highway fund. If the unladen vehicle permit fee is paid, no other registration fee is required for any trailer or semitrailer being towed by the vehicle.
Source:
SL 2018, ch 189, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-40 - Fuel tax returns and payment of fuel taxes.

32-10-40. Fuel tax returns and payment of fuel taxes.
Nothing in §§32-10-38 and 32-10-39 changes the vehicle owner's duty to timely file any necessary fuel tax returns or reports and to timely pay any fuel taxes owed to any state.
Source:
SL 2018, ch 189, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets › Section 32-10-41 - Promulgation of rules regarding unladen vehicle permits.

32-10-41. Promulgation of rules regarding unladen vehicle permits.
The administrator may promulgate rules, pursuant to chapter 1-26, in the following areas regarding unladen vehicle permits:
(1)Design and content of the permit;
(2)Revocation, denial, and suspension of the permit;
(3)Procedures; and
(4)Application requirements.
Source:
SL 2018, ch 189, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-2 - Use of funds by board of county commissioners--Purchase of road-building equipment--Percentage limitation.

32-11-2. Use of funds by board of county commissioners--Purchase of road-building equipment--Percentage limitation.
The funds credited to the county road and bridge fund pursuant to §32-11-4.2 shall be used by the board of county commissioners for grading, constructing, planing, dragging, and maintaining county highways and also for dragging, maintaining, and grading secondary roads. Proper equipment for dragging, grading, and maintaining highways, such as graders, tractors, drags, maintainers, and planers may be purchased from such county road and bridge fund.
Source:
SDC 1939, §44.0118 as added by SL 1939, ch 170; SL 1949, ch 163, §2; SL 1977, ch 249, §57; SL 1992, ch 60, §2; SL 1999, ch 149, §3; SL 2000, ch 154, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-4.1 - Distribution of county license fund collections.

32-11-4.1. Distribution of county license fund collections.
All funds collected for motor vehicle licenses in each county shall be distributed in the following manner:
(1)Fifty-four percent of all funds collected shall be transmitted to the secretary of revenue and credited to the local government highway and bridge fund;
(1A)Twenty-two and one-half percent shall be credited to the county road and bridge fund of the county in which they were collected;
(2)Fourteen percent shall be retained by the county and placed in a fund to be known as the special highway fund, which shall be used for the construction, reconstruction, and maintenance of roads and bridges in the county as provided by this section and §§32-11-5 to 32-11-9, inclusive. If the county in which funds are collected for motor vehicle licenses has completed the construction of the county highway system, the entire amount in the special highway fund shall be used for township roads, and the board of county commissioners may direct the county auditor to pay the collected amount directly to the townships pursuant to §§32-11-6 and 32-11-7;
(3)Five percent shall be forwarded to the municipalities within the counties in the following proportions: each municipality within each county shall receive funds in the proportion which the total street mileage of each municipality bears to the total street mileage of all the municipalities within the county. The apportionment shall be made quarterly by the county commissioners at the first meeting in January, April, July, and October. In any county having no municipalities, the five percent collection shall be placed in the county road and bridge fund of the county;
(4)One and three-fourths percent shall be credited to the state motor vehicle fund; and
(5)One-fourth of one percent shall be credited to the county treasurer fund in the county in which the fees were collected to cover expenses for supplies such as toner, paper, etc.;
(6)Two and one-half percent shall be credited to the state license plate special revenue fund.
Source:
SDC 1939, §44.0118 (1); SL 1939, ch 170; SL 1949, ch 163, §2; SL 1953, ch 226; SDCL §32-11-4; SL 1977, ch 249, §50; SL 1984, ch 30, §45; SL 1985, ch 238, §5; SL 1985, ch 252, §4; SL 1987, ch 225, §1; SL 1994, ch 251, §2; SL 1999, ch 149, §2; SL 2007, ch 173, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-4.2 - County road and bridge fund established--Revenues.

32-11-4.2. County road and bridge fund established--Revenues.
The county road and bridge fund is hereby established for the accounting and safekeeping of highway and bridge funds of the counties for the deposit and receipt of all public moneys usable for county highway and bridge construction, maintenance, and repair. Revenues to be deposited in the fund include:
(1)Distribution of funds from the local government highway and bridge fund pursuant to §§32-11-34 and 32-11-35;
(2)Levies under subdivisions 10-12-9(4) and (6);
(3)Levies for the county highway and bridge reserve fund established pursuant to §10-12-13;
(4)Levies for secondary roads in unorganized territory pursuant to §31-12-27;
(5)Levies for the county snow removal and special emergency reserve fund established pursuant to §34-5-2;
(6)Funds collected from motor vehicle licenses and credited to the county pursuant to subdivision 32-11-4.1(1A);
(7)Distribution of mobile home license fees pursuant to §32-5-16.2;
(8)Distribution of interstate reciprocity and proportional registration of fleets fees pursuant to §32-10-35;
(9)Proceeds from the wheel tax pursuant to §32-5A-2;
(10)Revenue accruing from the sale of surplus highway equipment to property pursuant to §6-13-8;
(11)Other revenue received by the county for service or work performed by the county highway department under force account or agreement with other entities.
This section does not affect the deposit and use of the special highway fund for township roads established pursuant to subdivision 32-11-4.1(2).
Source:
SL 1999, ch 149, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-5 - Quarterly apportionment of amounts set aside to townships.

32-11-5. Quarterly apportionment of amounts set aside to townships.
In apportioning the amount set aside to the various civil townships pursuant to §32-11-4.1, the apportionment shall be made quarterly by the county commissioners at the first meeting in January, April, July, and October, and shall be made as provided by §§32-11-6 and 32-11-7.
Source:
SDC 1939, §44.0118 (3); SL 1939, ch 170; SL 1949, ch 163, §2; SL 1977, ch 249, §51.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-6 - Apportionment of funds among townships according to number of miles of maintained roads--Distribution and payment.

32-11-6. Apportionment of funds among townships according to number of miles of maintained roads--Distribution and payment.
The amount set aside to the various unorganized and organized civil townships pursuant to §§10-47B-149.1, 32-10-35, 32-11-4.1, and 32-11-35 shall be apportioned among the townships according to the number of miles of maintained township roads within the townships, including roads designated as minimum maintenance pursuant to §31-13-1.1. The county treasurer shall distribute the money to each organized township within the county within thirty days of apportionment. However, an organized township may request in writing that the money remain in the custody of the county treasurer and shall be paid out only on warrants issued by the county auditor in payment of claims for the construction, reconstruction, or maintenance of roads and highways within the township highway system.
Source:
SDC 1939, §44.0118 (3) (a); SL 1939, ch 170; SL 1949, ch 163, §2; SL 1993, ch 229, §1; SL 1994, ch 251, §1; SL 2011, ch 61, §4; SL 2012, ch 166, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-7 - Counties with unorganized territory--Use of funds.

32-11-7. Counties with unorganized territory--Use of funds.
If any portion of a county is unorganized territory, the amount that would have gone to the unorganized territory under §32-11-6, shall be retained by the county and expended by the county upon construction, reconstruction, and maintenance of roads and bridges of the unorganized portion of the county.
Source:
SDC 1939, §44.0118 (3) (b); SL 1939, ch 170; SL 1949, ch 163, §2; SL 1993, ch 229, §2; SL 2011, ch 143, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-9 - Construction of new county roads--Use of township funds.

32-11-9. Construction of new county roads--Use of township funds.
If the county highway system is not completed in the county in which funds are collected for motor vehicle licenses, the board of county commissioners may use any portion of the allotment of a township in which a county road is being constructed for the construction of such road, provided the other townships receive their respective allotments of the fourteen percent appropriated for use on the roads of such townships.
Source:
SDC 1939, §44.0118 (2); SL 1939, ch 170; SL 1949, ch 163, §2; SL 1977, ch 249, §52.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-18 - County treasurer's procedure for remitting funds.

32-11-18. County treasurer's procedure for remitting funds.
The provisions of any existing statute notwithstanding, each county treasurer, in remitting moneys received from the imposition and collection of any tax, license, fee, or permit, imposed under the provisions of this title, upon any motor vehicle and motor carrier, to the proper officers of state government, shall be governed by and shall follow the procedure prescribed by §32-11-19.
Source:
SL 1961, ch 241; SL 1984, ch 30, §§46-50.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-19 - Forwarding to department.

32-11-19. Forwarding to department.
The county treasurer shall forward to the Department of Revenue all applications for registration, reregistration, transfer, license, permit, and duplicate number plates, at such time as required by law.
Source:
SL 1961, ch 241; SL 2004, ch 17, §127; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-25 - Necessary supplies for compliance.

32-11-25. Necessary supplies for compliance.
The Department of Revenue shall provide all necessary supplies required under the provisions of §§32-11-18 and 32-11-19.
Source:
SL 1961, ch 241; SL 1984, ch 30, §§46-50; SL 2004, ch 17, §128; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-29 - Amounts credited to state motor vehicle fund--Funds for motorcycle safety education.

32-11-29. Amounts credited to state motor vehicle fund--Funds for motorcycle safety education.
The following fees:
(1)Fees collected under §§32-3-57, 32-5-99, 32-5-111, and 32-7A-14.1;
(2)The two percent of motor vehicle license collections referred to in §32-11-4.1; and
(3)The title fees collected under §32-3-27;
shall be credited to the state motor vehicle fund. All revenues not appropriated from the special revenue fund established by §32-5-10.2 shall remain in the fund for the next fiscal year and be used solely for purposes of motorcycle safety courses and motorcycle safety education.
Source:
SL 1953, ch 250, §1; SL 1955, ch 188; SDC Supp 1960, §44.0215; SL 1977, ch 249, §55; SL 1982, ch 227, §6; SL 1984, ch 30, §51; SL 1985, ch 238, §6; SL 1987, ch 225, §2; SL 2016, ch 47, §15.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-30 - Expenses of administration.

32-11-30. Expenses of administration.
All expenses in administering the state motor vehicle and driver functions shall be paid from the motor vehicle fund.
Source:
SL 1953, ch 250, §2; SDC Supp 1960, §44.0216; SL 1983, ch 238, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-32 - Transfer from motor vehicle fund to local government highway and bridge fund--Balance maintained in motor vehicle fund.

32-11-32. Transfer from motor vehicle fund to local government highway and bridge fund--Balance maintained in motor vehicle fund.
The total of the collections coming into the state motor vehicle fund during the preceding fiscal year, less the amount to cover the corresponding expenses, shall be transferred on or about August first of each year to the local government highway and bridge fund except that a balance be maintained to provide cash flow in the state motor vehicle fund.
Source:
SL 1953, ch 250, §3; SDC Supp 1960, §44.0217; SL 1965, ch 190; SL 1983, ch 238, §3; SL 1985, ch 252, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-33 - Balance maintained in license plate fund--Transfer of excess to local government highway and bridge fund.

32-11-33. Balance maintained in license plate fund--Transfer of excess to local government highway and bridge fund.
A balance necessary for the manufacturing and distribution of license plates shall be maintained in the license plate special revenue fund. All other moneys shall be transferred to the local government highway and bridge fund.
Source:
SDC 1939, §44.0115 as added by SL 1963, ch 251; SL 1976, ch 188; SL 1985, ch 252, §7; SL 1987, ch 29, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-34 - Local government highway and bridge fund created--Appropriation.

32-11-34. Local government highway and bridge fund created--Appropriation.
The local government highway and bridge fund is hereby created and appropriated for the use of counties, municipalities, and townships for the purposes of constructing and maintaining highways, streets, and bridges on their highway and street systems. Beginning on October 1, 2015, before each quarterly disbursement is made pursuant to §32-11-35, the secretary of revenue shall transfer one million seven hundred fifty thousand dollars to the local bridge improvement grant fund created pursuant to §32-11-38.
Source:
SL 1985, ch 252, §3A; SL 2015, ch 165, §4, eff. Apr. 1, 2015.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-36 - Local government transportation technology transfer special revenue fund created--Purpose--Disposition of unused funds.

32-11-36. Local government transportation technology transfer special revenue fund created--Purpose--Disposition of unused funds.
There is created in the state treasury the local government transportation technology transfer special revenue fund. The money in this fund shall be used to assist in providing transportation technology information and services to counties, municipalities, and townships. The local government transportation technology transfer special revenue fund is continuously appropriated to the secretary of transportation to carry out the purpose of the technology transfer service and match federal funding or funding from any other programs. Any funds not lawfully expended or obligated by June thirtieth of each fiscal year for the technology transfer program shall revert to the local government highway and bridge fund.
Source:
SL 1991, ch 251, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-37 - Local government transportation technology transfer special revenue fund--Apportionment.

32-11-37. Local government transportation technology transfer special revenue fund--Apportionment.
Prior to the apportionment required by §32-11-35, the secretary of revenue shall apportion one-half of one percent of the local government highway and bridge fund per fiscal year to the local government transportation technology transfer special revenue fund created in §32-11-36. The remaining money in the local government highway and bridge fund shall be apportioned pursuant to §32-11-35. The secretary of revenue shall apportion funds to the local government transportation technology transfer special revenue fund at the same time and in the same manner as specified in §32-11-35.
Source:
SL 1991, ch 251, §2; SL 2001, ch 170, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-38 - Local bridge improvement grant fund created.

32-11-38. Local bridge improvement grant fund created.
There is hereby created in the state treasury the local bridge improvement grant fund. Interest earned on money in the fund shall be deposited into the fund. Any money in the fund is continuously appropriated to the Department of Transportation. Any money deposited into and distributed from the fund shall set forth in an informational budget as described in §4-7-7.2.
The Transportation Commission may award grants from the fund to any local government entity to construct, reconstruct, and repair bridges. The Transportation Commission shall consider the need for the project and funding mechanisms available to and utilized by the applicant when making a decision to award a grant. No county may receive a grant from the fund unless such county has adopted and annually updated its county highway and bridge improvement plan pursuant to the provisions of §1-44-7.5 and has imposed a county wheel tax pursuant to §32-5A-1.
Source:
SL 2015, ch 165, §1, eff. Apr. 1, 2015.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 11 - Motor Vehicle Funds › Section 32-11-39 - Promulgation of rules regarding local bridge improvement grant fund.

32-11-39. Promulgation of rules regarding local bridge improvement grant fund.
The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, regarding the application process and timelines, the guidelines and criteria for approval of applications, and the distribution of funds from the local bridge improvement grant fund. The criteria for evaluating the projects may include the proximity of other bridges and culverts, alternative routes available, structural deficiencies, functionality and use of the bridge or culvert, and project costs.
Source:
SL 2015, ch 165, §2, eff. Apr. 1, 2015.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-1 - Definitions.

32-12-1. Definitions.
For purposes of this chapter, terms are defined in §32-14-1. Terms used in this chapter mean:
(1)"Driver license," a document issued by a state or jurisdiction to an individual that authorizes the individual to drive a motor vehicle, including an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, and temporary permit;
(2)"Operator's license," any document issued by a state or jurisdiction to an individual that bestows full driving privileges upon the individual; and
(3)"Personally identifiable information," any information that can be used to distinguish or trace an individual's identity, such as name, social security number, or driver license or nondriver identification card number; and
(4)"Principal residence," the location where a person currently resides even if at a temporary address.
Source:
SL 1959, ch 261, §5; SDC Supp 1960, §44.03B05 (1); SL 2001, ch 171, §1; SL 2009, ch 154, §1, eff. Dec. 31, 2009; SL 2013, ch 143, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-1.1 - Lawful status defined.

32-12-1.1. Lawful status defined.
For the purposes of this chapter, the term, lawful status, means that a person is a citizen or national of the United States or is an alien who:
(1)Is lawfully admitted for permanent or temporary residence in the United States;
(2)Has conditional permanent resident status in the United States;
(3)Has an approved application for asylum in the United States or has entered into the United States in refugee status;
(4)Has a valid nonimmigrant status in the United States;
(5)Has a pending application for asylum in the United States;
(6)Has a pending or approved application for temporary protected status (TPS) in the United States;
(7)Has approved deferred action status; or
(8)Has a pending application for lawful permanent residence (LPR) or conditional permanent resident status.
Source:
SL 2009, ch 154, §2, eff. Dec. 31, 2009.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-2 - Payment of fee--Limitation on attempts to pass examination--Form.

32-12-2. Payment of fee--Limitation on attempts to pass examination--Form.
Any application under this chapter shall be accompanied by the proper fee and payment of such fee entitles the applicant to not more than three attempts to pass the examination within a period of six months from the date of application. Any application for a driver license shall be made upon a form furnished by the Department of Public Safety.
Source:
SL 1959, ch 261, §5; SDC Supp 1960, §44.03B05 (1); SL 2001, ch 171, §2; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-3 - Contents of application--Certification.

32-12-3. Contents of application--Certification.
Every application under this chapter shall state the full legal name or any other name taken for lawful purposes, date of birth, social security number, sex, and current mailing address and residential address of the applicant, and briefly describe the applicant. The applicant shall state whether he has previously been licensed as an operator, and, if so, when and by what state or country, and whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal. All applicants shall certify the information provided as true and correct.
Source:
SL 1959, ch 261, §5; SDC Supp 1960, §44.03B05 (2); SL 1974, ch 217; SL 1983, ch 239, §1; SL 1989, ch 267, §38; SL 1991, ch 252, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-3.2 - Promulgation of rules.

32-12-3.2. Promulgation of rules.
The Department of Public Safety may promulgate rules pursuant to chapter 1-26 to implement the provisions of §§32-12-3.1 and 32-12-42.
Source:
SL 1997, ch 188, §3; SL 2004, ch 17, §129.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-3.3 - Evidence of lawful status in U.S. to be presented with application.

32-12-3.3.Evidence of lawful status in U. S. to be presented with application.
Any applicant under the provisions of 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 evidence of lawful status in the United States. If the applicant has presented one of the identity documents listed under subdivision 32-12-3.1(1), (2), (3), (4), (5), (6), (7), or (10), the document is satisfactory evidence of lawful status. If the applicant presents the identity documents listed under subdivision 32-12-3.1(8) or (9), the document is not satisfactory evidence of lawful status. Such applicant shall also present a second document from subdivision 32-12-3.1(1), (2), (3), (4), (5), (6), (7), or (10) or documentation issued by the United States Department of Homeland Security or other federal agencies demonstrating lawful status as determined by the United States Citizenship and Immigration Services through the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security.
Source:
SL 2009, ch 154, §5, eff. Dec. 31, 2009.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-3.4 - Evidence of social security number or nonwork authorized status to be presented with application.

32-12-3.4. Evidence of social security number or nonwork authorized status to be presented with application.
Any applicant under the provisions of this chapter who has been assigned a social security account number shall, on making initial 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 Social Security Administration account number card. If a Social Security Administration account number card is not available, the applicant may present any of the following documents bearing the applicant's social security number:
(1)A W-2 form;
(2)A SSA-1099 form;
(3)A non-SSA-1099 form; or
(4)A pay stub with the applicant's name and social security number.
Any applicant lawfully present in a nonimmigrant status who does not present evidence of a social security account number shall present to the examiner documentation which demonstrates a nonwork authorized status.
Unless the applicant has been assigned a new number by the Social Security Administration, the department may not require documentation of an applicant's social security number if the applicant currently holds a driver license or nondriver identification card that meets the requirements of 6 C.F.R. 37 as amended January 1, 2015.
Source:
SL 2009, ch 154, §6, eff. Dec. 31, 2009; SL 2018, ch 190, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-3.5 - Documents with applicant's name and residence address to be presented with application.

32-12-3.5. Documents with applicant's name and residence address to be presented with application.
Any applicant under the provisions of 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 at least two documents containing the applicant's name and address of principal residence in order to establish the applicant's address of principal residence.
Source:
SL 2009, ch 154, §7, eff. Dec. 31, 2009.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-4 - Examination of applicant--Place of examination--Time of examination.

32-12-4. Examination of applicant--Place of examination--Time of examination.
The Department of Public Safety or any person authorized by the secretary of the Department of Public Safety shall examine each applicant for a driver license. Such examination shall include a test of the applicant's eyesight, the applicant's ability to read and understand highway signs regulating, warning, and directing traffic, the applicant's knowledge of the traffic laws of this state, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The department shall make provision for giving an examination either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant within not more than thirty days from the date the application is received.
Source:
SL 1959, ch 261, §9; SDC Supp 1960, §44.03B09; SL 1980, ch 219, §1; SL 2001, ch 171, §106; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-4.1 - Classes of vehicles--Qualifications and examination.

32-12-4.1. Classes of vehicles--Qualifications and examination.
The secretary of the Department of Public Safety may adopt rules and regulations setting forth qualifications necessary for the safe operation of various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his qualifications according to the general class of license for which application has been made.
Source:
SL 1974, ch 215, §2; SL 1982, ch 18, §22; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-4.5 - Rules authorized for medical and vision standards of drivers.

32-12-4.5. Rules authorized for medical and vision standards of drivers.
The secretary of the Department of Public Safety may promulgate rules on medical criteria and vision standards relating to the licensing of drivers under the provisions of this chapter.
Source:
SL 1974, ch 230, §4; SL 1986, ch 22, §4; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-5.1 - Denial of license or permit to person subject to convulsions or blackouts--Temporary permit on applicant's statement.

32-12-5.1. Denial of license or permit to person subject to convulsions or blackouts--Temporary permit on applicant's statement.
The Department of Public Safety may deny the issuance of a motor vehicle operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit to any individual who has experienced convulsions, seizures, or blackouts, until the individual has experienced a period of twelve months without any such episode. However, upon receipt of a statement signed by the applicant that the applicant's condition is adequately controlled by medication, the applicant is continuing to take medication, and the applicant is under the care of a physician, the Department of Public Safety may issue a temporary permit to the applicant. This temporary permit is subject to the provisions of §32-12-36 and is reviewable by the department every six months, or until the applicant has gone a period of twelve months without any episode.
Source:
SL 1979, ch 216; SL 1988, ch 252; SL 1989, ch 265, §7; SL 1990, ch 251; SL 2001, ch 171, §4; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-6 - Minors under age of eighteen--Authorization by parental authority.

32-12-6. Minors under age of eighteen--Authorization by parental authority.
The application of any person under the age of eighteen years for a driver license or nondriver identification card shall be signed by the father, mother, or guardian, or, if there is no parent or guardian, then by another responsible adult and verified before a designee of the Department of Public Safety or a person authorized to administer oaths.
Source:
SL 1959, ch 261, §6; SDC Supp 1960, §44.03B06; SL 1989, ch 265, §8; SL 2001, ch 171, §5; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-7 - Cancellation on request of parental authority.

32-12-7. Cancellation on request of parental authority.
Any person who has signed the application of a minor for a driver license or nondriver identification card may file with the Department of Public Safety a verified written request that the driver license or nondriver identification card of the minor be canceled. Thereupon the department shall cancel the driver license or nondriver identification card of the minor.
Source:
SL 1959, ch 261, §7; SDC Supp 1960, §44.03B07; SL 1989, ch 265, §9; SL 2001, ch 171, §6; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 12 - Driver Licenses And Permits › Section 32-12-8 - Cancellation upon death of parental authority--New application.

32-12-8. Cancellation upon death of parental authority--New application.
The Department of Public Safety upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for a driver license or nondriver identification card shall cancel the license or nondriver identification card and may not issue a new license or nondriver identification card until such time as a new application, duly signed and verified, is made as required by this chapter. This provision does not apply if the minor has attained the age of eighteen years.
Source:
SL 1959, ch 261, §8; SDC Supp 1960, §44.03B08; SL 1989, ch 265, §10; SL 2001, ch 171, §7; SL 2003, ch 272, §23.