reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 34 - Rural Access Infrastructure › Section 31-34-3 - Distribution of moneys by county--Permissible uses--Use of unobligated moneys.

31-34-3. Distribution of moneys by county--Permissible uses--Use of unobligated moneys.
Each county shall establish a rural access infrastructure fund for the deposit of moneys received pursuant to this chapter. The board of county commissioners may only distribute fund moneys for the following expenses:
(1)Engineering, hydrological studies, planning, materials, and other costs as necessary to plan for and complete the projects;
(2)Construction, rehabilitation, or replacement of small structures located in townships complying with the requirements of this chapter;
(3)Construction, rehabilitation, or replacement of small structures described in a county highway and bridge improvement plan that are located on county secondary highways.
The moneys may not be used on no maintenance roads or minimum maintenance roads.
Moneys not obligated or spent from a county's fund may be used for the expenses until reverted pursuant to §4-8-21. Moneys may only be used for the expenses of those small structures inventoried with the department, as referenced in §31-34-2, by June first of the preceding fiscal year.
Source: SL 2021, ch 129, §3, eff. Mar. 25, 2021; SL 2022, ch 92, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 34 - Rural Access Infrastructure › Section 31-34-4 - Application process.

31-34-4. Application process.
Applications for use of moneys allocated to a fund pursuant to this chapter must be submitted to the board of county commissioners on or before October thirty-first on forms prescribed by the association of county commissioners. The board of county commissioners shall award the moneys no later than the immediately following January fifteenth.
Applications from townships must be accompanied by a resolution approved by the township board of supervisors authorizing the application and any funding commitments made by the township. The township or county share is a minimum of twenty percent of the sum necessary to complete the project.
Applications for county secondary highways must be submitted by the county highway superintendent.
If a county declares a disaster, the deadline by which an application must be submitted is waived, provided that the application meets the other requirements of this section.
Source: SL 2021, ch 129, §4, eff. Mar. 25, 2021; SL 2022, ch 92, §3; SL 2023, ch 97, §1.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 34 - Rural Access Infrastructure › Section 31-34-5 - Criteria for award.

31-34-5. Criteria for award.
The board of county commissioners shall, at a minimum, consider the following criteria in awarding rural access infrastructure grants:
(1)Traffic use of the highway;
(2)Public safety;
(3)Residential, commercial, recreational, and other uses of the highway;
(4)Cost of the project;
(5)Length of detour if the project is not completed;
(6)Number of residences, farms, and ranches served by the project;
(7)Contribution from township or others to the project and ability of township to fund the project without utilizing the rural access infrastructure fund;
(8)Confirmation the project is not located on a no maintenance or minimum maintenance road;
(9)Hydrological impact;
(10)If the highway does not terminate into a field entrance, driveway, single residence, farm, or ranch;
(11)The application, or group of applications, that best serves the citizens of this state; and
(12)Any other matters deemed applicable by the board of county commissioners.
The decisions of the county commissioner shall be final and nonappealable. However, a denied application may be submitted in a subsequent year.
Source:
SL 2021, ch 129, § 5, eff. Mar. 25, 2021.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 34 - Rural Access Infrastructure › Section 31-34-6 - Township eligibility--Plan and annual report--Tax requirement.

31-34-6. Township eligibility--Plan and annual report--Tax requirement.
A requesting township shall timely file the township small structure improvement plan, pursuant to §31-34-7, with the county highway superintendent and an annual report, pursuant to §8-10-30, in order to be eligible for the funds. Any township requesting use of rural access infrastructure moneys pursuant to this chapter shall meet at least one of the following requirements:
(1)Impose an annual property tax levy, pursuant to §10-12-28.2; or
(2)Impose a tax levy opt out pursuant to §10-13-36.
Source: SL 2021, ch 129, §6, eff. Mar. 25, 2021; SL 2022, ch 92, §4; SL 2023, ch 97, §2.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 34 - Rural Access Infrastructure › Section 31-34-7 - Township eligibility--Contents of plan--Updates.

31-34-7. Township eligibility--Contents of plan--Updates.
To be eligible to receive funding from the rural access infrastructure fund established under this chapter, a township shall, each year by August thirty-first, submit to the county that township is located in, a township small structure improvement plan and any updates shall be made in accordance with this section. The township small structure improvement plan shall include:
(1)One or more maps showing the location of all small structures within the township;
(2)The location, width, and length of each small structure;
(3)A report on the condition of each small structure;
(4)Whether the small structure is posted for load capacity, and if so, what the posted limits are;
(5)A list of all small structure improvement projects proposed to be undertaken by the township over the next five years including the location of the project, type of project, source of funding for the project, estimated cost of the project, and the year the project is proposed to be completed; and
(6)Such additional items as may be prescribed by the Department of Transportation.
Source: SL 2021, ch 129, §7, eff. Mar. 25, 2021; SL 2022, ch 92, §5.
2023 South Dakota Codified Laws › Title 31 - Highways and Bridges › Chapter 34 - Rural Access Infrastructure › Section 31-34-8 - County use of funds conditioned.

31-34-8. County use of funds conditioned.
The county commission may use rural access infrastructure funds for the construction, rehabilitation, or replacement of small structures on county secondary highways so long as such projects are considered in a similar manner as the small structures that are located within an organized township.
Source:
SL 2021, ch 129, § 8, eff. Mar. 25, 2021.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 01 - State Administration Of Motor Vehicles › Section 32-1-3 - Motor vehicle powers of Department of Revenue.

32-1-3. Motor vehicle powers of Department of Revenue.
The Department of Revenue shall exercise the powers, and have charge of and perform functions, duties, and services with respect to the registration and licensing of motor vehicles and motor vehicle dealers, compensation for unusual use of the highways, motor vehicle titles, financial responsibility, and any other motor vehicle functions charged to the Department of Revenue under this title.
Source:
SL 1957, ch 238, §§1, 6; SDC Supp 1960, §§44.0901, 44.0906; SL 1996, ch 320 (Exec. Order 96-1), §§19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), §§22, 23, 82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 01 - State Administration Of Motor Vehicles › Section 32-1-5 - Bonded employees authorized to administer oaths--Fees prohibited.

32-1-5. Bonded employees authorized to administer oaths--Fees prohibited.
Any bonded employee of the Department of Revenue shall have the power to administer oaths for the purpose of the administration of the motor vehicle laws of this state and for other purposes of departmental administration of motor vehicle functions, and shall have the general powers of a notary public in the administration of oaths, the attestation of documents and all other forms of notarial acts to be executed by persons in the administration of the motor vehicle laws of this state. No fee of any character shall be paid to any such employee for the performance of any notarial act herein authorized.
Source:
SL 1963, ch 272; SL 2003, ch. 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 01 - State Administration Of Motor Vehicles › Section 32-1-6 - County treasurer to remit collections to state.

32-1-6. County treasurer to remit collections to state.
Each county treasurer shall remit all revenues collected for the state under Title 32 to the state remittance center within the time frame established under chapter 4-3. The secretary of revenue shall establish procedures for supervising the collection and reporting of the revenues.
Source:
SL 1984, ch 30, §34; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 01 - State Administration Of Motor Vehicles › Section 32-1-7 - Dealer information available to public.

32-1-7. Dealer information available to public.
Information regarding dealers licensed pursuant to chapters 32-6B, 32-6C, 32-7A, and 32-7B shall be made available to the public by the department. The information shall include the dealership name, physical address, mailing address, telephone number, dealer license number, and the type of dealer license.
Source:
SL 2021, ch 130, § 1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 01 - State Administration Of Motor Vehicles › Section 32-1-8 - Mailing fees--Review by Legislature.

32-1-8. Mailing fees--Review by Legislature.
Mailing fees in chapters 32-3A, 32-5, 32-6B, 32-6C, 32-7A, 32-7B, 32-9, and 32-10 shall be reviewed by the Legislature every four years.
Source: SL 2023, ch 98, §10, eff. Mar. 14, 2023.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-1 - Superintendent--Appointment--Supervision--Custody of records and property.

32-2-1. Superintendent--Appointment--Supervision--Custody of records and property.
A superintendent, appointed by the secretary of the Department of Public Safety shall, under the direction of such secretary, have charge of the Division of Highway Patrol. Such secretary shall continue to have charge and custody of all records, accounts, files, equipment, motor cars, and other personal property of the Division of Highway Patrol.
Source:
SDC 1939, §44.0601; SL 2003, ch 272, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-1.1 - Division continued within Department of Public Safety--Functions performed by department--Head of division.

32-2-1.1. Division continued within Department of Public Safety--Functions performed by department--Head of division.
The Division of Highway Patrol shall continue within the Department of Public Safety, and all its functions shall be performed by the Department of Public Safety. The director of the Division of the Highway Patrol shall be the superintendent of the highway patrol, provided for under this chapter, who shall be appointed by the secretary of the Department of Public Safety in accordance with §1-32-6.
Source:
SL 1973, ch 2, §33; SL 2003, ch 272 (Ex. Ord. 03-1), §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-2 - Bond of superintendent--Payment of premium.

32-2-2. Bond of superintendent--Payment of premium.
The superintendent of the highway patrol shall furnish bond in such form as required by and in such amount as may be designated by the Department of Public Safety, such bond to be approved by the attorney general and filed with the secretary of state. The premium for such bond shall be paid out of funds appropriated for such Division of Highway Patrol.
Source:
SDC 1939, §44.0602; SL 2003, ch 272, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-3 - Establishment of highway patrol--Employees and agents--Examinations and qualifications of employees.

32-2-3. Establishment of highway patrol--Employees and agents--Examinations and qualifications of employees.
The Department of Public Safety shall establish an adequate highway patrol by the employment of full-time employees as it deems adequate. The employees shall be known and commissioned as agents of the Division of Highway Patrol. Each full-time employee is required to pass suitable examinations and is subject to all of the provisions contained in this chapter and chapter 3-6D pertaining to qualifications of the employee.
Source:
SDC 1939, §44.0603; SL 1989, ch 256, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §21; SL 2018, ch 12, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-4 - Purchase of equipment for highway patrol.

32-2-4. Purchase of equipment for highway patrol.
The Department of Public Safety shall have power to purchase equipment, including automobiles, motorcycles, radios, firearms, and any other equipment that may be necessary properly to equip agents operating under the Division of Highway Patrol.
Source:
SDC 1939, §44.0604 (1); SL 2003, ch 272, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-7 - Enforcement of laws governing motor carriers.

32-2-7. Enforcement of laws governing motor carriers.
Agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors of the Department of Public Safety shall assist in the enforcement of all laws, police regulations, and rules governing motor vehicles and motor carriers over and upon the highways of this state. The agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors may stop any vehicle or carrier to examine, measure, or weigh the vehicle and its load and to withdraw and inspect any fuel being transported by the vehicle or used to propel the vehicle. The agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors may examine any bill-of-lading, registration, license, or permit to determine if the motor carrier is properly registered, licensed, or permitted and if the load transported is an amount permitted by the commercial motor vehicle license issued to the carrier.
Source:
SDC 1939 §44.0605 (1); SL 1970, ch 167; SL 1974, ch 207; SL 1981, ch 230, §1; SL 1996, ch 90, §43; SL 2000, ch 140, §1; SL 2003, ch 272, §121.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-8 - Duties of agents--Arrest of violators.

32-2-8. Duties of agents--Arrest of violators.
Agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors of the Department of Public Safety shall place violators of any of the laws or police regulations of this state, governing operation of motor vehicles or motor carriers, under arrest without warrant for criminal offenses committed in the presence of the agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector, and take the violator and the vehicle which does not conform to such laws or regulations to the nearest convenient circuit court or magistrate court for trial at the earliest opportunity.
Source:
SDC 1939 §44.0605 (2); SL 1981, ch 230, §2; SL 2000, ch 140, §2; SL 2004, ch 17, §38.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-8.1 - Arrest powers of motor carrier inspectors--Law enforcement officer status.

32-2-8.1. Arrest powers of motor carrier inspectors--Law enforcement officer status.
Arrest powers for motor carrier inspectors employed by the Division of Highway Patrol are limited to violations of chapters 10-47B, 32-5, 32-9, 32-10, 32-12, 32-12A, 32-22, 40-19, 40-20, 40-21, 49-28, and 49-28A and §§50-4-13 to 50-4-17, inclusive, and §32-33-17, and the rules governing operation of motor carriers. Motor carrier inspectors who have been given such limited arrest powers are not considered law enforcement officers for the purposes of §23-3-27.
Source:
SL 1981, ch 230, §3; SL 1987, ch 213, §1; SL 1989, ch 117; SL 1989, 256, §2; SL 1999, ch 162, §2; SL 1999, ch 206, §10; SL 2002, ch 146, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-9 - Duties of agents--Law enforcement--Execution of warrants.

32-2-9. Duties of agents--Law enforcement--Execution of warrants.
Agents, patrolmen, and employees of the Division of Highway Patrol shall prevent and detect crime, apprehend criminals, enforce the criminal and traffic laws of the state, and perform such other related duties as may be legally imposed upon them. Such agents, patrolmen, and employees, are peace officers and have the same powers with respect to the enforcement of law as sheriffs, constables, and police officers. Any warrant of arrest issued by any judge or magistrate may be executed by any of the agents, patrolmen, or employees of such division in any part of the state according to the tenor thereof without endorsement.
Source:
SDC 1939, §44.0605 (3); SL 1984, ch 12, §29.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-10 - Compensation of agents--Longevity pay.

32-2-10. Compensation of agents--Longevity pay.
The compensation of each of the agents, patrolmen, and employees of the Division of Highway Patrol shall be fixed by the Department of Public Safety. Any employee who has worked five years under the provisions of chapter 3-7 shall be entitled to longevity compensation each month equal to four dollars for each year of all continuous service up to a maximum of twenty-five years. Such longevity compensation shall not be affected by any other compensation and classification plan except that the secretary of public safety shall distribute the longevity compensation in the same manner and form as prescribed for other state employees in §3-8-6.
Source:
SDC 1939 §44.0606; SL 1939, ch 179; SL 1978, ch 221; SL 2003, ch 272, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-11 - Fund from which compensation is paid--Vouchers.

32-2-11. Fund from which compensation is paid--Vouchers.
Compensation fixed under §32-2-10 and expenses incurred by agents, patrolmen, and employees of the Division of Highway Patrol, and the salary of the superintendent, may be paid out of the state highway fund, and such payments shall be made upon vouchers properly executed and presented in the manner prescribed by law.
Source:
SDC 1939, §44.0606; SL 1939, ch 179; SL 1987, ch 214.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 02 - Division Of Highway Patrol › Section 32-2-12 - General duties of division.

32-2-12. General duties of division.
Except as otherwise specifically provided, the Division of Highway Patrol is entrusted with the enforcement of all laws, police regulations, and rules governing the operation of motor vehicles and motor carriers.
Source:
SDC 1939 §44.0605.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-2 - Applicability.

32-3-2. Applicability.
The provisions of chapters 32-3 to 32-6B, inclusive, apply to all motor vehicles, trailers, semitrailers, and motorcycles as defined in §32-3-1 required to be titled under the laws of this state except as otherwise provided by law.
Source:
SDC 1939, §44.0202 (1) as added by SL 1951, ch 229, §2; SL 1965, ch 186, §2; SL 1989, ch 257, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-2.3 - Mopeds exempt.

32-3-2.3. Mopeds exempt.
Mopeds as defined in §32-3-1 shall be exempt from the provisions of this chapter unless an applicant wishes to obtain title to a moped.
Source:
SL 1978, ch 230, §9; SL 1989, ch 257, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-2.4 - Farm vehicles exempt--Exceptions.

32-3-2.4. Farm vehicles exempt--Exceptions.
Any farm wagon, farm implement drawn by another vehicle, or farm vehicle which is designed and used primarily for tillage, harvesting, or transportation of agricultural products or farm property by or for agricultural producers is exempt from the provisions of this chapter, unless the farm vehicle is a stock trailer, gooseneck trailer, or semitrailer towed by a licensed motor vehicle on any public highway or a passenger vehicle, two- or three-axle truck, or semitractor.
Source:
SL 1982, ch 225, §3; SL 1986, ch 242, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-3 - Selling new vehicle without delivering manufacturer's statement or certificate of origin--Purchasing new vehicle without obtaining certificate--Violation as misdemeanor.

32-3-3. Selling new vehicle without delivering manufacturer's statement or certificate of origin--Purchasing new vehicle without obtaining certificate--Violation as misdemeanor.
No manufacturer, importer, dealer, or other person may sell or otherwise dispose of a new motor vehicle, trailer, or semitrailer to a dealer without delivering to the dealer a manufacturer's statement of origin or manufacturer's certificate of origin duly executed in accordance with the provisions of this chapter, and with such assignments thereon as may be necessary to show title in the next purchaser's name. No dealer may purchase or acquire a new motor vehicle, trailer, or semitrailer without obtaining from the seller a manufacturer's statement of origin or a manufacturer's certificate of origin. Any person who does not comply with this section is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §44.0202 (2) as added by SL 1951, ch 229, §2; SL 1965, ch 186, §2; SL 1989, ch 257, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-3.1 - Initial registration and titling of mobile and manufactured homes--Time for registration--Penalty--Violation as misdemeanor.

32-3-3.1. Initial registration and titling of mobile and manufactured homes--Time for registration--Penalty--Violation as misdemeanor.
Any new mobile home, new manufactured home, or mobile home or manufactured home which has not been registered in this state shall, upon its sale, be initially registered and titled pursuant to this chapter, and the initial registration fee provided in §32-5-16.1 shall be collected. If the mobile home or manufactured home is sold by a dealer, the licensed dealer shall deliver to the county treasurer the manufacturer's statement of origin, the manufacturer's certificate of origin, or the title for the mobile home or manufactured home, together with the required fees and completed forms necessary to accomplish the initial registration within forty-five days of the sale. For mobile homes or manufactured homes not sold by a licensed dealer, the purchaser shall register and title the mobile home or manufactured home within forty-five days. Any dealer or purchaser who does not comply with this section is subject to a late penalty fee of one dollar for each week or fraction of the week 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 title a year or more beyond the forty-five day limitation is guilty of a Class 2 misdemeanor.
Source:
SL 1973, ch 196; SL 1988, ch 237, §1; SL 1989, ch 257, §6; SL 2016, ch 154, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-3.2 - Surrender of title on mobile or manufactured home--Request and application--Record--Liens.

32-3-3.2. Surrender of title on mobile or manufactured home--Request and application--Record--Liens.
An owner of a mobile or manufactured home fixed to real property owned by the applicant may request that the title to the home be surrendered if a title has been issued in accordance with §32-3-3.1 and payment of the initial registration fee has been made in accordance with §32-5-16.1. A request shall be submitted on forms prescribed by the secretary. If the application and the request to surrender the statement of ownership are submitted simultaneously, the department shall only create an electronic record indicating ownership of the home and may not issue a paper title. The department may not notate any liens on a title if a paper title is not issued.
Source:
SL 2005, ch 71, §15.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-3.3 - Titling of mobile or manufactured home whose title was surrendered--Affidavit--Report.

32-3-3.3. Titling of mobile or manufactured home whose title was surrendered--Affidavit--Report.
An owner of a mobile or manufactured home may choose to obtain a title on a mobile or manufactured home whose title was surrendered. Before the mobile or manufactured home is removed from real property, the owner shall submit to the department a current tax affidavit from the county treasurer in which the mobile or manufactured home was located and an affidavit stating that the home is no longer subject to a real property mortgage or any other liens. The owner shall also furnish the department an independent report that lists the legal description of the real estate upon which the mobile or manufactured home is located, any liens or encumbrances against the mobile or manufactured home or the real estate upon which the mobile or manufactured home is located, and the current owner of the mobile or manufactured home. The independent report shall also contain an affidavit stating a lien search was conducted of all records of the register of deeds, clerk of courts, the treasurer in the county where the mobile or manufactured home is located, and the secretary of state and shall describe any liens revealed by that search. If any liens or encumbrances exist against the mobile or manufactured home, the applicant shall obtain a release from each lienholder prior to issuance of a title. The department is not responsible for any mistakes in the issuance of the title resulting from documents provided pursuant to this section.
Source:
SL 2005, ch 71, §16.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-4 - Eligibility for license--Mobile and manufactured homes exempt.

32-3-4. Eligibility for license--Mobile and manufactured homes exempt.
No motor vehicle, trailer, or semitrailer may be licensed in this state until the requirements of this chapter have been met. The certificate of title and license shall be obtained at the time of registration. If the applicant certifies on the application for title that the motor vehicle, trailer, or semitrailer is not going to be used upon the highways of this state or any other state, the secretary may, upon completion of an application, payment of title fee and surrender of evidence of ownership, issue a certificate of title, no tax paid, to a motor vehicle, trailer, or semitrailer. If a no tax paid title is issued the applicant may not purchase license plates. This section does not apply to a mobile home or a manufactured home.
Source:
SDC 1939, §44.0202 (3) as added by SL 1951, ch 229, §2; SL 1957, ch 214; SL 1965, ch 184; SL 1965, ch 186, §2; SL 1988, ch 236, §2; SL 1989, ch 257, §7; SL 1993, ch 219, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-5 - Sale without delivering certificate of title--Purchase without obtaining certificate of title--Temporary use--Time limit--Violation as misdemeanor.

32-3-5. Sale without delivering certificate of title--Purchase without obtaining certificate of title--Temporary use--Time limit--Violation as misdemeanor.
No person, except as provided in §32-3-6 shall sell or otherwise dispose of a motor vehicle, trailer, or semitrailer without delivering to the purchaser or transferee a certificate of title showing assignment to the purchaser, and indicating the date of purchase. No person may purchase or otherwise acquire or bring into this state a motor vehicle, trailer, or semitrailer except for temporary use not to exceed a period of ninety days, unless he has obtained a certificate of title for the motor vehicle, trailer, or semitrailer in his name as in accordance with the provisions of this chapter. Failure to comply with this section is a Class 2 misdemeanor.
Source:
SDC 1939, §44.0202 (3) as added by SL 1951, ch 229, §2; SL 1957, ch 214; SL 1965, ch 184; SL 1965, ch 186, §2; SL 1989, ch 257, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-6 - Ownership passing by operation of law--Burden of proof.

32-3-6. Ownership passing by operation of law--Burden of proof.
If the ownership of any motor vehicle, trailer, or semitrailer passes by operation of law, judicial sale, repossession, or proceedings or in any other manner not provided for in this chapter, the owner may, upon furnishing satisfactory proof to the department of such ownership, procure a certificate of title to the motor vehicle, trailer, or semitrailer regardless of whether a certificate of title has ever been issued. The burden of such satisfactory proof shall be on the applicant.
Source:
SDC 1939, §44.0203 (2) as added by SL 1951, ch 229, §3; SL 1965, ch 186, §3; SL 1989, ch 257, §10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-7 - Sale of secondhand vehicle--Time for delivery of certificate of title--Exception--Violation as misdemeanor.

32-3-7. Sale of secondhand vehicle--Time for delivery of certificate of title--Exception--Violation as misdemeanor.
Any person, upon the sale and delivery of any used or secondhand motor vehicle, shall within forty-five days thereof deliver to the purchaser a certificate of title, endorsed according to law, and issued for the vehicle by the department. However, notwithstanding any other provision of law, if the purchaser defaults on the terms of the sale within the forty-five day period, the seller does not have to deliver the certificate of title to the purchaser. The seller shall notify the department in writing of the seller's refusal to deliver title to the purchaser within fourteen days of the purchaser's default on the terms of the sale. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 180, §§2 to 4; SL 1951, ch 232, §§1, 2; SDC Supp 1960, §§44.0702, 44.0704, 44.9938; SL 1961, ch 239; SDCL §32-3-9; SL 1988, ch 236, §3; SL 1989, ch 257, §11; SL 1990, ch 228, §1; SL 2001, ch 161, §1; SL 2015, ch 156, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-7.1 - Extension of time to deliver certificate of title to secondhand vehicle--Temporary license permit.

32-3-7.1. Extension of time to deliver certificate of title to secondhand vehicle--Temporary license permit.
If a licensed dealer does not deliver title within forty-five days as required by §32-3-7, and the dealer has satisfied any lien in compliance with chapter 32-6B, 32-6C, 32-7A, or 32-7B and the delay in delivering title was caused because the lien holder failed to release the lien or deliver the title document in accordance with §32-3-44, the dealer may request additional time to deliver title to the retail purchaser. The dealer's request for an extension shall be made within fifty days of the date of sale. Any request after the fifty days shall be denied and the dealer is in violation of §32-3-7. The dealer shall provide to the department documentation to support the steps taken to satisfy the lien in a timely manner and request the title. If the department finds the request for additional time is substantiated, the department may authorize the issuance of another temporary license permit not to exceed forty-five days.
Source:
SL 2008, ch 148, §1; SL 2015, ch 156, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-10 - Statement or certificate of origin as passing title--Waiver and estoppel inapplicable.

32-3-10. Statement or certificate of origin as passing title--Waiver and estoppel inapplicable.
No person, except as provided in this chapter, obtaining or acquiring possession of a motor vehicle, trailer, or semitrailer acquires any right, title, claim, or interest in or to the motor vehicle, trailer, or semitrailer, until he has been issued a certificate of title to the motor vehicle, trailer, or semitrailer or has received a manufacturer's statement of origin or a manufacturer's certificate of origin for the same. No waiver or estoppel may be operated in favor of such person against a person having possession of the certificate of title or a manufacturer's statement of origin or a manufacturer's certificate of origin for such motor vehicle, trailer, or semitrailer.
Source:
SDC 1939, §44.0202 (4) as added by SL 1951, ch 229, §2; SL 1965, ch 186, §2; SL 1989, ch 257, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-11 - Certificate as evidence of ownership--Possession before delivery of certificate--Risk of loss--Insurable interest.

32-3-11. Certificate as evidence of ownership--Possession before delivery of certificate--Risk of loss--Insurable interest.
A certificate of title issued under this chapter shall be evidence or indicia of ownership of the motor vehicle, trailer, or semitrailer described on the title. From the time of delivery of possession of a motor vehicle, trailer, or semitrailer to a person acquiring the vehicle or any right of interest therein, the vehicle shall be at the risk of the person acquiring the vehicle. Such person together with any other person holding any lien or interest therein, shall have insurable interest in the motor vehicle, trailer, or semitrailer and may enforce lawful contracts of insurance upon or affecting the motor vehicle, trailer, or semitrailer or its maintenance, operation, or use.
Source:
SDC 1939, §44.0202 (4) as added by SL 1951, ch 229, §2; SL 1965, ch 186, §2; SL 1989, ch 257, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-12 - Operation or possession of vehicle without certificate as misdemeanor.

32-3-12. Operation or possession of vehicle without certificate as misdemeanor.
An owner, or any person without the consent of the owner, who operates or has possession of a motor vehicle in this state under a registration number of this state, without first securing a certificate of title as provided in this chapter, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §44.9908; SL 1955, ch 184; SL 1978, ch 158, §21; SL 1989, ch 257, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-13 - Sale or transfer without certificate as misdemeanor.

32-3-13. Sale or transfer without certificate as misdemeanor.
Any person who sells or transfers a motor vehicle, trailer, or semitrailer without complying with the requirements of this chapter is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §44.9908; SL 1955, ch 184; SL 1986, ch 242, §29; SL 1989, ch 257, §15.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-14 - False statement in application--Felony.

32-3-14. False statement in application--Felony.
Any person who knowingly makes any false statement of a material fact, either on the application for the certificate of title provided for in this chapter, or in any assignment thereof, is guilty of a Class 5 felony.
Source:
SDC 1939, §44.9911; SL 1989, ch 257, §16.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-15 - Alteration or forgery of certificate--Knowing use of altered or forged certificate--Felony.

32-3-15. Alteration or forgery of certificate--Knowing use of altered or forged certificate--Felony.
Any person who alters or forges, or causes to be altered or forged, any certificate of title issued by the State of South Dakota pursuant to the provisions of this chapter, or any assignment thereof, or any person who shall hold or use any such certificate or assignment knowing the same to have been altered or forged, is guilty of a Class 5 felony.
Source:
SDC 1939, §44.9912; SL 1965, ch 202; SL 1989, ch 257, §17.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-16 - Uniform method of numbering certificates--Retention of documents by department.

32-3-16. Uniform method of numbering certificates--Retention of documents by department.
The department shall prescribe and adopt a uniform method of numbering certificates of title which is unique and for which the numbers may not be duplicated. The department shall appropriately file and index all records by title number. Applications, certificates of titles, and any other documents filed with the department shall be retained by the department.
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, §18; SL 2020, ch 126, § 1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-17 - Validity of certificates previously issued--Issuance of new certificate.

32-3-17. Validity of certificates previously issued--Issuance of new certificate.
Certificates of title issued by the secretary of state before July 1, 1951, shall be sufficient for the purposes of this chapter and for registration and licensing until the motor vehicle therein described on the certificate shall be transferred or otherwise disposed of or until any lien or encumbrance shall be placed thereon. In any such event a new certificate of title shall be obtained by complying with this chapter.
Source:
SDC 1939, §44.0202; SL 1951, ch 229, §2; SDC Supp 1960, §44.0202 (5); SL 1989, ch 257, §19.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-18 - Application for certificate--Contents--Fee--Assignment of previous certificate.

32-3-18. Application for certificate--Contents--Fee--Assignment of previous certificate.
Application for a certificate of title shall be made to the county treasurer, upon a form prescribed by the secretary. The application shall contain a listing of all owners along with either a South Dakota driver license number or social security number, or, if a business, the federal employer identification number; the address of the applicant; a full description of the vehicle with vehicle identification numbers, if any; a statement of applicant's title and all liens and encumbrances on the vehicle; the county in which the vehicle is to be kept; and the names and addresses of the holders of all liens, title reservations, and encumbrances on the vehicle. The application shall be accompanied by a fee of ten dollars. Five dollars of the fee shall be deposited in the state motor vehicle fund and five dollars shall be deposited in the county general fund. If a certificate of title has previously been issued for the motor vehicle, trailer, or semitrailer in this state, it shall be accompanied by the certificate of title duly assigned, unless provided for in this chapter.
Source:
SDC 1939, §§44.0202, 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 1976, ch 186; SL 1981, ch 231, §1; SL 1988, ch 238, §7A; SL 1989, ch 257, §20; SL 2007, ch 173, §15, eff. July 1, 2008; SL 2016, ch 47, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-18.1 - Administration fee--Title applications processed by mail.

32-3-18.1  .  Administration fee--Title applications processed by mail.
If an application made to the county treasurer for a certificate of title pursuant to §32-3-18 is received and processed entirely by mail, the county treasurer may charge an administration fee for the processing of the title application. An administration fee charged under this section shall be established by resolution of the board of county commissioners and may not exceed twenty-five dollars per title transfer. The county treasurer shall notify the department within ten days of the adoption of the administration fee. The notification shall include an effective date and the amount of the administration fee. Any administration fees collected shall be deposited in the county general fund. No administration fee under this section may be charged to any insurance company or dealer licensed in South Dakota.
Source:  SL 2020, ch 128, § 1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-19 - False swearing in connection with certificates--Perjury--Punishment.

32-3-19. False swearing in connection with certificates--Perjury--Punishment.
Any person who makes any false affidavit, or knowingly swears or affirms falsely, to any matter or thing required by the terms of this chapter to be sworn or affirmed to, is guilty of perjury, and punishable by a fine and imprisonment as other persons committing perjury are punishable.
Source:
SDC 1939, §44.9915; SL 1989, ch 25, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-20 - Change of identification number on vehicle--New certificate--Contents of new certificate--Delivery to owner.

32-3-20. Change of identification number on vehicle--New certificate--Contents of new certificate--Delivery to owner.
If the vehicle identification number of a motor vehicle, trailer, or semitrailer is changed, the owner shall within fifteen days make application as provided in this chapter for a new certificate of title setting forth all additional pertinent facts and shall surrender the former certificate of title of the vehicle. The former number may be shown on the new certificates of title in addition to the new number. Existing liens on the motor vehicle, trailer, or semitrailer shall continue and be shown thereon. The new certificates of title shall be delivered to the owner or as otherwise directed by the owner.
Source:
SDC 1939, §44.0203 (2) as added by SL 1951, ch 229, §3; SL 1965, ch 186, §3; SL 1985, ch 238, §2; SL 1988, ch 236, §5; SL 1989, ch 257, §22; SL 1990, ch 229, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-21 - Unnumbered vehicles not subject to titling--Titling by number other than vehicle identification number.

32-3-21. Unnumbered vehicles not subject to titling--Titling by number other than vehicle identification number.
The department may not title or issue a license for the operation of any motor vehicle without a vehicle identification number, except, the department may authorize the titling of motor vehicles by a number other than the vehicle identification number and when so titled, the number shall be deemed the vehicle identification number whenever the term vehicle identification number is used in this chapter.
Source:
SDC 1939, §44.0212; SL 1953, ch 229; SL 1967, ch 189; SL 1989, ch 257, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-22 - Assignment and attachment of vehicle identification number--Registration under assigned number--Violation as felony--Fees.

32-3-22. Assignment and attachment of vehicle identification number--Registration under assigned number--Violation as felony--Fees.
The department shall assign a distinguishing vehicle identification number to comply with the standardized replacement vehicle identification number system to any motor vehicle, trailer, or semitrailer or any component part if the vehicle identification number is illegible, destroyed, or obliterated. If the department assigns a number to a motor vehicle or a trailer that weighs three thousand pounds or more, the owner shall have the number appropriately attached by an employee of the department or the highway patrol. If the department assigns a number to a trailer that weighs less than three thousand pounds, the owner of the trailer shall permanently affix the assigned number to the neck of the trailer and have an employee of the department or any South Dakota law enforcement officer certify, on a form designated by the department, that the number was properly affixed to the trailer. Any motor vehicle, trailer, or semitrailer to which the vehicle identification number is assigned shall be registered under the number if registration is required under this chapter. The removal or the alteration of the vehicle identification number or the failure to have the number attached is a Class 6 felony. The owner of the motor vehicle, trailer, or semitrailer shall pay an amount to the department to reimburse the state for the cost of the issuance and attachment of the assigned number. The money collected shall be deposited in the motor vehicle fund.
Source:
SDC 1939, §44.0202 (7) as added by SL 1951, ch 229, §2; SL 1965, ch 186, §2; SL 1967, ch 186; SL 1985, ch 238, §3; SL 1986, ch 242, §35; SL 1988, ch 236, §6; SL 1989, ch 257, §24; SL 2017, ch 127, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-22.1 - Fee for assignment of vehicle identification number.

32-3-22.1. Fee for assignment of vehicle identification number.
The fee for assignment of a vehicle identification number is twenty-five dollars. The fee is payable to the county treasurer's office at the time of application for a rebuilt title. The county treasurer shall forward to the Division of Motor Vehicles the rebuilt title application with the affidavit of rebuilt motor vehicle and the vehicle identification number assignment fee. The rebuilt application may not be processed if the fee is not paid. If the vehicle identification number is not assigned as a result of the inspection of the vehicle, the Division of Motor Vehicles shall refund the fee to the applicant.
Source:
SL 2002, ch 147, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-23 - Application for original certificate--Contents--Supporting documents.

32-3-23. Application for original certificate--Contents--Supporting documents.
If a certificate of title has not previously been issued for any motor vehicle, trailer, or semitrailer in this state, the application for a certificate of title, unless otherwise provided for in this chapter, shall be accompanied by a manufacturer's statement of origin or a manufacturer's certificate of origin as provided for in this chapter, or by a proper bill of sale or sworn statement of ownership, or by a certificate of title, bill of sale, or other evidence of ownership required by the law of another state from which the motor vehicle, trailer, or semitrailer was brought into this state.
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, §25.