reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-9.1 - Offer to sell, sale, or exchange of boat without certificate of title allowed under specified circumstances.

32-7B-9.1. Offer to sell, sale, or exchange of boat without certificate of title allowed under specified circumstances.
A dealer may offer for sale, sell, or exchange a boat without a certificate of title if the dealer complies with the following applicable provisions:
(1)The dealer has a record of purchase, sale, or exchange of a boat to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;
(2)If the boat is encumbered by a lien noted on the title, the dealer shows that payment has been tendered to the lienholder for the amount of the lien, except a lien that is the result of dealer inventory financing; or
(3)If the dealer is required by law to obtain title prior to offering the boat for sale and the dealer has applied for title through the electronic on-line title system and has submitted the documents to the department.
This section does not relieve a dealer from the provisions of §32-3-7.
Source:
SL 2005, ch 159, §15.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-9.2 - Agreement that dealer will satisfy lien by paying lienholder--Trade of boat or consignment agreement--Theft.

32-7B-9.2. Agreement that dealer will satisfy lien by paying lienholder--Trade of boat or consignment agreement--Theft.
If a person trades in a boat to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the boat and the boat has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lienholder who is noted on the title. Failure to satisfy a lien pursuant to this section constitutes theft pursuant to chapter 22-30A. The degree of theft is determined by the amount of the unsatisfied lien. Multiple violations of this section occurring within any thirty-day period may be aggregated in amount to determine the degree of theft.
Source:
SL 2005, ch 159, §16.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-9.3 - Time period to satisfy lien after receipt of funds--Offering boat for sale prior to tender to lienholder.

32-7B-9.3. Time period to satisfy lien after receipt of funds--Offering boat for sale prior to tender to lienholder.
If a dealer enters into an agreement pursuant to §32-7B-9.2, the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the boat for sale until payment has been tendered to the lienholder, except on a consigned boat, whereby the dealer shall comply with the terms of the consignment agreement.
Source:
SL 2005, ch 159, §17.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-10 - Issuance of dealer plates--Fees--Disposition of fees.

32-7B-10. Issuance of dealer plates--Fees--Disposition of fees.
The department shall issue boat dealer license plates made of a durable material to licensed dealers upon application and payment of twenty dollars for each set desired. The fees collected shall be deposited in the state motor vehicle fund.
Source:
SL 1998, ch 185, §10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-10.1 - Mailing fees.

32-7B-10.1. Mailing fees.
In addition to the license fees assessed in §32-7B-10, the department shall collect from the dealer one dollar and fifty cents per decal if a decal is sent to the dealer through the mail. If the dealer requests that the decal be express mailed, the dealer must pay the actual costs of postage and handling.
Source: SL 2010, ch 157, §4; SL 2023, ch 98, §6, eff. Mar. 14, 2023.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-11 - Use of dealer plates--Display--Transfer of plates--Violation as misdemeanor.

32-7B-11. Use of dealer plates--Display--Transfer of plates--Violation as misdemeanor.
Any new boat or used boat owned by a licensed dealer, bearing dealer license plates issued pursuant to §32-7B-10 may be operated in this state for any purpose, except no dealer boat license plate may be used on any boat used for lease or rental. The license plate shall be displayed on or carried in the boat. The license plate is transferable by the dealer from one boat owned by the dealer to another boat owned by the dealer. Any violation of this section is a Class 1 misdemeanor.
Source:
SL 1998, ch 185, §11; SL 2001, ch 163, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-12 - Use of boat bearing dealer's demonstration permits--Issuance of permits for unauthorized purposes prohibited--Violation as misdemeanor.

32-7B-12. Use of boat bearing dealer's demonstration permits--Issuance of permits for unauthorized purposes prohibited--Violation as misdemeanor.
Any new or used boat owned by a licensed dealer, bearing dealer's demonstration permits, may be operated in this state for demonstration purposes only. Such boat may be operated by any prospective buyer for a period not to exceed seven days. No dealer may issue a dealer's demonstration permit to any boat for any other purpose. Any violation of this section is a Class 1 misdemeanor.
Source:
SL 1998, ch 185, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-13 - Temporary license--Display--Restrictions on use--Renewal or alteration prohibited--Violation as misdemeanor.

32-7B-13. Temporary license--Display--Restrictions on use--Renewal or alteration prohibited--Violation as misdemeanor.
If a boat is sold by a licensed dealer, the dealer may provide a temporary forty-five day license permit to operate the boat in this state for a period of forty-five days after the date of sale or until the time the purchaser receives the regular license decals from the county treasurer, whichever occurs first. The temporary boat license tags shall be displayed as required by §32-3A-5 and any rule promulgated, pursuant to chapter 1-26, by the department. No dealer may use the permit upon any boat owned by the dealer or for any purpose other than for boats sold by the manufacturer or dealer. No person may renew the temporary forty-five day license permit nor change or alter the date or other information thereon. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1998, ch 185, §13; SL 2001, ch 163, §6; SL 2021, ch 125, § 8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-14 - Dealer inspectors.

32-7B-14. Dealer inspectors.
The department may appoint dealer inspectors to enforce the provisions of this chapter. The inspectors may enter property pursuant to §32-7B-15 and sign complaints against persons found in violation of this chapter.
Source:
SL 1998, ch 185, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-15 - Investigation of dealers.

32-7B-15. Investigation of dealers.
The department may investigate any dealer licensed under this chapter for the purpose of ascertaining any violation of this chapter, chapters 32-3-to 32-5B, inclusive, or chapter 42-8. The investigation shall include an inspection of the principal place of business, supplemental lots, and any books, records, or files required by the department. An examination of titles and vehicles owned or offered for sale by the dealer shall also be conducted.
Source:
SL 1998, ch 185, §15; SL 2005, ch 160, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-17 - Grounds for denial of license or application of provisions of §§.1 to .6, inclusive.

32-7B-17. Grounds for denial of license or application of provisions of §§32-7B-17.1 to 32-7B-17.6, inclusive.
The department may deny any application or apply the provisions of §§32-7B-17.1 to 32-7B-17.6, inclusive, on any license issued under the provisions of this chapter, for any of the following:
(1)Commission of fraud of willful misrepresentation in the application for or in obtaining a license;
(2)Conviction of a felony involving the theft of boats or other motor vehicles in the last five years;
(3)A violation of any law of this state that relates to dealing in boats;
(4)Failure to comply with any administrative rule promulgated by the department;
(5)Perpetration of a fraud upon any person as a result of dealing in boats;
(6)Failure to apply for transfers of title as required in chapters 32-3 and 42-8;
(7)Failure to allow department inspections, including initial and annual inspections, complaint investigations and necessary follow-up inspections;
(8)Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of boats which a dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcasted, televised, or made in any manner with regard to the sale or financing of boats;
(9)Refusal to comply with a licensee's responsibility under the terms of a boat warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;
(10)Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a boat;
(11)Inability to obtain or renew surety bond; or
(12)Failure to maintain a principal place of business.
Source:
SL 1998, ch 185, §17; SL 2005, ch 162, §37.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-17.1 - Cease and desist order for specified violations--Period of effectiveness.

32-7B-17.1. Cease and desist order for specified violations--Period of effectiveness.
In addition to any other remedy provided by law, the secretary of revenue may issue an order directing a boat dealer to cease and desist from engaging in any act or practice enumerated in §32-7B-17. A cease and desist order issued pursuant to this section is effective for a period of two years.
Source:
SL 2005, ch 162, §31; SL 2008, ch 156, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-17.2 - Hearing on question of whether violations occurred--Procedures.

32-7B-17.2. Hearing on question of whether violations occurred--Procedures.
Within twenty days after service of the order to cease and desist, the boat dealer may request a hearing in writing on the question of whether acts or practices in violation of this title have occurred. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26.
Source:
SL 2005, ch 162, §32.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-17.3 - Finality of cease and desist order.

32-7B-17.3. Finality of cease and desist order.
A cease and desist order pursuant to §32-7B-17.1 becomes final upon expiration of the time allowed for appeals from the secretary's order if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.
Source:
SL 2005, ch 162, §33.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-17.4 - Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.

32-7B-17.4. Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.
If a dealer fails to comply with a cease and desist order issued pursuant to §32-7B-17.1, the secretary may issue an order which:
(1)Imposes a monetary penalty on the dealer of five hundred dollars for each violation of the cease and desist order;
(2)Suspends dealer's license for not more than thirty days; or
(3)Revokes the dealer's license.
All monetary penalties collected pursuant to this section shall be deposited into the state motor vehicle fund.
Source:
SL 2005, ch 162, §34.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-17.5 - Hearing to contest order to pay fine or suspend or revoke license--Procedures.

32-7B-17.5. Hearing to contest order to pay fine or suspend or revoke license--Procedures.
A dealer may request a hearing to contest an order issued pursuant to §32-7B-17.4. The request shall be submitted to the secretary in writing within twenty days after service of the order. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26.
Source:
SL 2005, ch 162, §35.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-17.6 - Finality of order to pay fine or suspend or revoke license.

32-7B-17.6. Finality of order to pay fine or suspend or revoke license.
An order issued pursuant to §32-7B-17.4 becomes final upon expiration of the time allowed for appeals from the secretary's order, if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.
Source:
SL 2005, ch 162, §36.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-20 - Promulgation of rules--Administration by local officials.

32-7B-20. Promulgation of rules--Administration by local officials.
The secretary of revenue may adopt rules pursuant to chapter 1-26 as may be necessary to ensure and obtain uniformity in the issuance, design, and use of dealer licenses, the inspection of dealers, and the use of dealer plates, demonstration permits, and temporary licenses as provided by this chapter. All local officials charged with the administration of the provisions of this chapter are governed in their official acts by the rules promulgated by the secretary.
Source:
SL 1998, ch 185, §20; SL 2004, ch 17, §106; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-21 - Principal place of business defined.

32-7B-21. Principal place of business defined.
For purposes of this chapter, the term, principal place of business, means an enclosed commercial structure located within the State of South Dakota, easily accessible and open to the public at all reasonable times, with an improved display area immediately adjoining the building that is large enough to display five or more boats of the type the dealer is licensed to sell. It is the location at which the business of a vehicle dealer may be lawfully carried on in accordance with all applicable building codes, zoning, and other land use ordinances and in which building the public may contact the vehicle dealer or the dealer's salesperson. It is the location where the books, records, and files necessary to conduct the business of the boat dealer are kept and maintained. In no event may rooms in a hotel, motel, apartment house, or any part of any single or multiple unit dwelling house be considered a principal place of business unless the entire ground floor of such facility is devoted principally to and occupied for commercial purposes. Any dealer licensed under this chapter shall maintain and continuously occupy a principal place of business.
Source:
SL 1998, ch 185, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-22 - Permission to change principal place of business.

32-7B-22. Permission to change principal place of business.
If the licensee desires to move from the principal place of business occupied at the time the license was granted to a new location within the county, the licensee shall secure written permission from the department to do so. The licensee is required to furnish proof to the department that the new location constitutes a principal place of business as defined in this chapter.
Source:
SL 1998, ch 185, §22.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-23 - Supplemental license required for each additional place of business in same county--Local codes and ordinances to be met.

32-7B-23. Supplemental license required for each additional place of business in same county--Local codes and ordinances to be met.
Any person licensed under this chapter, who sells boats at locations other than the principal place of business, shall obtain a supplemental license for each auxiliary or supplemental lot not contiguous to the location for which the original license is issued. If the license is granted, the licensee may be permitted to use unimproved lots and premises for sale, storage, and display of vehicles. Supplemental lots and premises shall be located and within the county of the principal place of business of the applicant and shall meet local zoning codes or ordinances.
Source:
SL 1998, ch 185, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-24 - Separate licenses for places of business in different counties.

32-7B-24. Separate licenses for places of business in different counties.
If the applicant sets up a principal place of business in more than one county of this state, the applicant shall secure a separate license for each county. No license for any additional county may be issued until the department is furnished with proof that the applicant has a principal place of business in such county and has otherwise complied with this chapter.
Source:
SL 1998, ch 185, §24.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-25 - Temporary permits for special events--Time limitation--Fee.

32-7B-25. Temporary permits for special events--Time limitation--Fee.
Any out-of-state boat dealer may display or sell boats and trailers at an event, if the event lasts two or more days and if the person registers with and purchases a permit from the Department of Revenue at least five days before the event. The person shall pay a fee of two hundred dollars for a ten-day temporary permit. In order to qualify as an event, the event shall be an organized, sponsored event with no less than three licensed boat dealers displaying boats.
Source:
SL 1998, ch 185, §25; SL 2004, ch 17, §107; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-26 - Consignment sales--Contract required--Form.

32-7B-26. Consignment sales--Contract required--Form.
Any boat dealer or public auction may sell, or offer to sell, new, or used boats on consignment. For the purposes of this chapter, consignment means the delivery of a boat by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the boat or has a right to return the boat to the seller. Any boat dealer or public auction who sells, or offers to sell, South Dakota titled boats or used boats titled in a bordering state including any accompanying titled boat trailers on consignment shall enter into a contract with the consignor. If the boat or boat trailer owner's state does not issue titles for the consigned boat or boat trailer, the owner must provide a current state registration and accompanying affidavit stating that their home state does not issue titles for the boat or boat trailer being consigned. A bill of sale, the registration, and affidavit of statement must be in the possession of the consignment selling dealer or public auction along with the proper consignment contract. The department shall prescribe the form of the contract.
Source:
SL 1998, ch 185, §26; SL 2018, ch 184, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-27 - Manufacturer's statement of origin required for sale on consignment.

32-7B-27. Manufacturer's statement of origin required for sale on consignment.
No person may sell or offer to sell a boat, to which a manufacturer's statement of origin has not been transferred, on consignment.
Source:
SL 1998, ch 185, §27.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-28 - Title required for sale on consignment or at auction--Exception--Violation as misdemeanor.

32-7B-28. Title required for sale on consignment or at auction--Exception--Violation as misdemeanor.
Before a South Dakota titled boat or a used boat titled in a bordering state including any accompanying titled boat trailer may be sold by a consignee or at a public auction pursuant to this chapter, the consignee or auctioneer shall have in possession a South Dakota title or a state title from a bordering state including any accompanying titled boat trailer for the boat. If the boat or boat trailer owner's state does not issue titles for the consigned boat or boat trailer, the owner must provide a current state registration and accompanying affidavit stating that their home state does not issue titles for the boat or boat trailer being consigned. A bill of sale, the registration, and affidavit of statement must be in the possession of the consignment selling dealer or public auction along with the proper consignment contract. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1998, ch 185, §28; SL 2018, ch 184, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-29 - Auction of boat covered by lien--Consent and release of lien holder--Violation as misdemeanor.

32-7B-29. Auction of boat covered by lien--Consent and release of lien holder--Violation as misdemeanor.
A consignee or an auctioneer may not sell a boat that has a certificate of title with a lien on it for less than the full amount of the lien, without the advance written consent of the lien holder. A consignee or an auctioneer may not release the proceeds from the sale of a boat with a lien on the title until the lienholder signs a release of the lien. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1998, ch 185, §29.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-30 - Temporary location--Time limit--Zoning and building requirements.

32-7B-30. Temporary location--Time limit--Zoning and building requirements.
For the purposes of this chapter, a temporary boat show lot is any location other than the principal place of business or supplemental lot where a licensed boat dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, shopping center sales, or boat shows. A temporary boat show lot shall meet all local zoning and building codes for the type of business being conducted.
Source:
SL 1998, ch 185, §30.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-1 - Definitions.

32-9-1. Definitions.
Terms used in this chapter mean:
(1)"Compensation," the charge imposed upon motor carriers in consideration of the unusual use of the public highways in this state by such motor carriers;
(2)"Compensation certificate," the certificate issued upon application by a motor carrier, as defined in §§32-9-2 and 32-9-3, showing authority to use and payment of compensation for the unusual use of the highways by the one to whom issued;
(3)"Commercial motor vehicle," any motor vehicle used or maintained for the transportation of persons or property for hire, compensation or profit or designed, used or maintained primarily for the transportation of property, and not specifically excluded under §32-9-3;
(4)"Department," Department of Revenue;
(5)"For hire," for remuneration of any kind, paid or promised, either directly or indirectly, for the transportation of persons or property. An occasional accommodative transportation service by a person not in the transportation business while on an errand for himself, is not a service for hire, even though the person transported shares in the cost or pays for the service;
(6)"Gross weight," the total weight of the chassis, body, equipment, and maximum load of each motor vehicle, trailer, or semitrailer as fixed by the applicant for a compensation certificate;
(7)"Motor vehicle," all vehicles or machines propelled by any power other than muscular used upon the public highways for the transportation of persons or property or both. The term does not include an electric bicycle as defined in §32-20B-9;
(8)"Private business use," the transportation of persons or property for hire, compensation, profit, or remuneration of any kind, or the transportation of any property of a business venture not specifically excluded under §32-9-3;
(9)"Public highway," every street, alley, public road, public thoroughfare, or highway in this state;
(10)"Secretary," secretary of revenue;
(11)"Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;
(12)"Trailer," every vehicle without motive power designed to carry property or persons wholly on its own structure and to be drawn by a motor vehicle.
Source:
SDC 1939, §44.0401; SL 1945, ch 192; SL 1977, ch 249, §17; SL 1978, ch 224, §19; SL 1981, ch 239, §1; SL 1988, ch 251, §1; SL 1989, ch 256, §8; SL 2004, ch 17, §108; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2019, ch 135, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-2 - Motor carrier defined.

32-9-2. Motor carrier defined.
Except as provided in §32-9-3, the term, motor carrier, when used in this chapter means any person, copartnership, corporation, or limited liability company owning, controlling, operating, or maintaining a commercial vehicle.
Source:
SDC 1939, §44.0422; SL 1943, ch 160; SL 1953, ch 238; SL 1957, ch 230; SL 1977, ch 249, §18; SL 2014, ch 139, §10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-3.1 - Fee required of harvest vehicle--Permit--Violation as misdemeanor.

32-9-3.1. Fee required of harvest vehicle--Permit--Violation as misdemeanor.
Any motor vehicle or trailer owned and operated by a resident or a nonresident engaged in the harvest of agricultural products may be operated upon the highways, roads, and streets of this state upon payment of a seventy-five dollar fee. Payment of the fee is evidenced by a permit provided by the department affixed in a conspicuous place on the vehicle as the department may require.
Each permit, which is valid for a calendar year, must be purchased from the county treasurer of any county through which the owner or operator may travel, or from an agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety. If the applicant requests that the permit be mailed, the applicant must pay one dollar and fifty cents per permit sent to the owner through the mail. All fees collected shall be handled, accounted for, and distributed in the same manner as the other fees provided for in this chapter. A violation of this section is a Class 2 misdemeanor.
Source: SL 1976, ch 187, §2; SL 1979, ch 214, §1; SL 1980, ch 217, §1; SL 1988, ch 251, §2; SL 1989, ch 255, §229; SL 1989, ch 264, §2; SL 2000, ch 140, §3; SL 2004, ch 17, §109; SL 2010, ch 157, §6; SL 2014, ch 146, §1; SL 2023, ch 98, §7, eff. Mar. 14, 2023.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-3.2 - Mounted specialized equipment included in weight to determine license fee--Violation as misdemeanor.

32-9-3.2. Mounted specialized equipment included in weight to determine license fee--Violation as misdemeanor.
The specialized equipment mounted on a motor vehicle chassis which is enumerated in subdivisions 32-9-3(2) and (3) is included in the vehicle weight used to determine license fees under the noncommercial schedule. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1977, ch 249, §21; SL 1984, ch 225, §1; SL 1989, ch 264, §3; SL 1990, ch 233, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-3.3 - Infrequently used vehicle and equipment owners to file for license from department--Application form--Fee.

32-9-3.3. Infrequently used vehicle and equipment owners to file for license from department--Application form--Fee.
The owner of any vehicle or equipment as defined by subdivision 32-9-3(7) shall, prior to the calendar year in which it is to be operated, file an application for a license with the department. The application shall be on a form prescribed and furnished by the department and shall provide the department with the information necessary to implement this section. The fee shall be twenty-five dollars and shall be apportioned on a monthly basis.
Source:
SL 1977, ch 249, §20; SL 1981, ch 239, §3; SL 1982, ch 230, §1; SL 1989, ch 264, §4; SL 2001, ch 164, §2; SL 2007, ch 173, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-3.5 - Fee for commercial use of motorbus--Gross maximum weight.

32-9-3.5. Fee for commercial use of motorbus--Gross maximum weight.
For any vehicle, with a seating capacity of sixteen or more persons, including the driver, used as a motorbus in the transportation of persons for hire within the corporate limits of any city or town an annual license fee shall be based on the noncommercial vehicle fee schedule provided in §32-5-6.3. The gross maximum weight shall be the unladen weight of the vehicle plus an additional two hundred pounds per passenger seating capacity.
Source:
SL 1994, ch 240, §2; SL 2003, ch 165, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-4 - Motor carriage as affected with public interest--Unusual impairment of highway.

32-9-4. Motor carriage as affected with public interest--Unusual impairment of highway.
The business of operating as a motor carrier as defined in §§32-9-2 and 32-9-3 upon the highways of this state is declared to be a business affected with the public interest. The rapid increase in motor carrier traffic over the highways of this state tends to subject said highways to unusual wear and impairs the said highways disproportionately to the travel thereon by the general public, necessitating compensation to the state for the maintenance, upkeep, and policing of the said highways, to the end that said highways may be maintained in the best possible condition for the convenience and use of the general public.
Source:
SDC 1939, §44.0420.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-5 - Presumption that motor carrier makes unusual use of highways.

32-9-5. Presumption that motor carrier makes unusual use of highways.
For the purpose of this chapter, any person as defined in §32-9-1, using the public highways of this state as a motor carrier, shall be deemed to be making unusual use of said highways.
Source:
SDC 1939, §44.0421.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-6 - Application to county treasurer--Nonresidents--Contents of application--Violation as misdemeanor.

32-9-6. Application to county treasurer--Nonresidents--Contents of application--Violation as misdemeanor.
Any person, corporation, or limited liability company desiring to operate a motor vehicle, trailer, semitrailer as a motor carrier of persons or property on the public highways of this state shall, before beginning the operations, cause to be presented to the county treasurer of the county of which the applicant is a resident, if the applicant be a resident of this state, and if a nonresident, then to the county treasurer of any county through which that applicant may travel, except as provided for interstate carriers, an application upon forms to be furnished and provided by the Department of Revenue. The application shall set forth the name of the manufacturer of the vehicle, the factory number, the engine number of the vehicle, the model of the vehicle, and the desired gross weight classification or rated maximum seating capacity of the vehicle, together with such other and additional information as the Department of Revenue may deem necessary. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §44.0425; SL 1947, ch 195, §2; SL 1949, ch 171; SL 1989, ch 255, §24; SL 2004, ch 17, §110; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2014, ch 139, §11.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-7 - Issuance of receipt, commercial motor vehicle certificate, and plates--Conspicuous display--Mailing fees--Violation as misdemeanor.

32-9-7. Issuance of receipt, commercial motor vehicle certificate, and plates--Conspicuous display--Mailing fees--Violation as misdemeanor.
On receipt of an application under §32-9-6 and payment of the commercial motor vehicle fee, required by this chapter, and upon satisfactory evidence that the applicant has complied with all laws, rules, and regulations of this state covering motor vehicles and motor carriers, the county treasurer or department shall issue to the applicant a receipt that identifies the motor vehicle, trailer, or semitrailer and shall assign a number to the vehicle. The number shall be endorsed upon the application and receipt. The county treasurer or department shall issue to the applicant a commercial motor vehicle certificate bearing the number. The certificate shall be placed and carried in the vehicle in a conspicuous place and is subject to examination upon demand by any officer of this state, county, or municipality. The county treasurer or department shall issue to the applicant two commercial motor vehicle plates for each motor vehicle. Each county treasurer office shall be stocked with commercial license plates issued pursuant to this section and commercial trailer license plates issued pursuant to §32-9-8.1. If the plates are mailed, the applicant must pay seven dollars and fifty cents per license plate or set of plates if the plate is sent to the owner through the mail, or one dollar and fifty cents per decal or set of decals if the decal is sent to the owner through the mail. If the applicant requests that the plate or decal be express mailed, the applicant must pay any costs for the express mailing service. Each plate must set forth the amount of gross weight in figures, and be in colors and designs for each classification specified in §32-9-15. Each plate must be securely fastened to the front and rear end of each commercial motor vehicle in a conspicuous place. The county treasurer shall deposit in the county general fund any fees received for mailing or expressing a plate or sticker. The department shall deposit all fees received for mailing or expressing the plates or stickers in the state motor vehicle fund. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, §44.0425; SL 1947, ch 195, §2; SL 1949, ch 171; SL 1951, ch 231; SL 1977, ch 249, §22; SL 1978, ch 224, §3; SL 1989, ch 255, §25; SL 1989, ch 264, §5; SL 1997, ch 187, §1; SL 1999, ch 154, §2; SL 2010, ch 157, §7; SL 2018, ch 179, §5; SL 2023, ch 98, §8, eff. Mar. 14, 2023.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-8.1 - Fees applicable to power unit or tractor only--Interchangeable trailers--Identification plates required--Fee--New plate upon title transfer--Disposition of fees--Trailers within a municipality--Violation as misdemeanor.

32-9-8.1. Fees applicable to power unit or tractor only--Interchangeable trailers--Identification plates required--Fee--New plate upon title transfer--Disposition of fees--Trailers within a municipality--Violation as misdemeanor.
All fees for a commercial vehicle apply to the power unit or tractor only. In the case of individual power units pulling interchangeable trailers or semitrailers, the commercial motor vehicle shall be licensed according to the largest gross maximum weight the power unit will haul. Each trailer or semitrailer shall have an identification plate displayed in a conspicuous manner as may be prescribed by the Department of Revenue.
The fee for the identification plate is ten dollars. The identification plate when issued is valid for the useful life of the trailer or semitrailer. However, if the title to the trailer or semitrailer is transferred the new owner shall within thirty days of the date of transfer make application to the Department of Revenue for a new identification plate. All revenue raised by the fees shall be placed in the license plate special revenue fund. A trailer licensed with an identification plate pursuant to this section may be pulled by a commercially licensed power unit or by a noncommercial power unit licensed for the gross weight of the motor vehicle. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1977, ch 249, §24; SL 1989, ch 255, §230; SL 1989, ch 264, §6; SL 1992, ch 215, §1; SL 2004, ch 17, §111; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-9 - Loss or destruction of commercial plates--Duplicate plates--Fee--Disposition of fee--Report of loss.

32-9-9. Loss or destruction of commercial plates--Duplicate plates--Fee--Disposition of fee--Report of loss.
Upon loss or destruction of any commercial motor vehicle plate the Department of Revenue shall furnish to the carrier a duplicate plate or plates upon the payment of the sum of ten dollars per plate at the time of the application for the duplicate plate; any funds derived from the issuance of a duplicate plate shall be deposited in the state license plate special revenue fund. If the plates are lost or stolen the department may not issue a duplicate set of plates until the loss or theft is reported to a law enforcement agency.
Source:
SDC 1939, §44.0425; SL 1947, ch 195, §2; SL 1949, ch 171; SL 1955, ch 179; SL 1967, ch 204, §1; SL 1977, ch 249, §23; SL 1978, ch 224, §4; SL 1986, ch 242, §26; SL 2004, ch 17, §112; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-10 - Duties of department.

32-9-10. Duties of department.
The department shall make suitable provisions for the carrying out of the purposes of this chapter. The department shall furnish to the county treasurer all receipts, certificates, plates, and supplies required by this chapter.
Source:
SDC 1939, §44.0425; SL 1947, ch 195, §2; SL 1949, ch 171; SL 1955, ch 179; SL 1967, ch 204, §1; SL 1980, ch 217, §2; SL 1989, ch 264, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-12 - Forwarding applications to department.

32-9-12. Forwarding applications to department.
The county treasurer shall, at the close of each day during which the office has been open to the public, mail to the department the applications under this chapter received and registered during the day.
Source:
SDC 1939, §44.0425; SL 1947, ch 195, §2; SL 1949, ch 171; SL 1989, ch 264, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-13 - Registration of maximum gross weight of vehicle.

32-9-13. Registration of maximum gross weight of vehicle.
Every person, corporation, or limited liability company desiring to operate a motor vehicle, trailer, or semitrailer as a motor carrier of property on the public highways of this state shall choose and fix at the time of registration the maximum gross weight of the motor vehicle, trailer, or semitrailer, without regard to the manufacturer's rated carrying capacity of the vehicle.
Source:
SDC 1939, §44.0424; SL 2014, ch 139, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-14 - Overweight operation prohibited--Violation a misdemeanor.

32-9-14. Overweight operation prohibited--Violation a misdemeanor.
No person may operate a vehicle, trailer, or semitrailer as a commercial motor vehicle on the public highways of this state with a gross weight of more than the gross weight fixed and determined by the person and for which the person has paid commercial motor vehicle fees and received a commercial motor vehicle certificate. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §44.0424; SL 1977, ch 249, §25; SL 1989, ch 255, §26; SL 1989, ch 264, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-15 - Schedule of commercial motor vehicle fees per gross pounds--Older vehicles.

32-9-15. Schedule of commercial motor vehicle fees per gross pounds--Older vehicles.
In consideration of the unusual use of the public highways, each person, except as otherwise provided in this chapter, desiring to operate a motor vehicle, trailer, or semitrailer, upon the public highways of this state as a motor carrier, shall annually pay the commercial motor vehicle fee as follows, to the county treasurer of the county of which the person is a resident, if a carrier of property; or to the Department of Revenue, if the person is not a resident of this state:
(1)Gross weight under 4000 pounds, eighty-five dollars;
(2)Gross weight of 4001 to 6000 pounds, one hundred dollars;
(3)Gross weight of 6001 to 8000 pounds, one hundred fifteen dollars;
(4)Gross weight of 8001 to 10,000 pounds, one hundred thirty dollars;
(5)Gross weight of 10,001 to 12,000 pounds, one hundred fifty dollars;
(6)Gross weight of 12,001 to 14,000 pounds, one hundred seventy-five dollars;
(7)Gross weight of 14,001 to 16,000 pounds, two hundred dollars;
(8)Gross weight of 16,001 to 18,000 pounds, two hundred twenty-five dollars;
(9)Gross weight of 18,001 to 20,000 pounds, two hundred fifty dollars;
(10)For each additional 2000 pounds or major fraction thereof in excess of 20,000 pounds, forty dollars.
(11)For each vehicle or combination of vehicles as defined in §32-22-10 with a gross weight in excess of 78,000 pounds, seven dollars in addition to the fee schedule above.
If any commercial motor vehicle, according to the manufacturer's model year designation, is ten years old or more on January first of the year for which a license fee is required, that fee is ninety percent of the fee ordinarily prescribed.
Source:
SDC 1939, §44.0426; SL 1939, ch 176, §2; SL 1943, ch 161, §2; SL 1947, ch 195, §3; SL 1957, ch 231; SL 1961, ch 236; SL 1966, ch 138; SL 1967, ch 205; SL 1967, ch 206; SL 1968, ch 175; SL 1974, ch 214, §1; SL 1975, ch 202; SL 1977, ch 249, §26; SL 1982, ch 243, §4; SL 2004, ch 17, §113; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2011, ch 139, §10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-16 - Time for payment of commercial motor vehicle fee--Time for display of plate--Violation as misdemeanor.

32-9-16. Time for payment of commercial motor vehicle fee--Time for display of plate--Violation as misdemeanor.
Payment of the annual commercial motor vehicle fee shall be made before beginning an operation or anytime within ninety days prior to the vehicle's registration date. A commercial motor vehicle plate shall be displayed prior to beginning operation and during operation.
A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §44.0426; SL 1939, ch 176, §2; SL 1943, ch 161, §2; SL 1947, ch 195, §3; SL 1957, ch 231; SL 1961, ch 236; SL 1967, ch 205; SL 1977, ch 249, §27; SL 1988, ch 251, §3; SL 1989, ch 255, §26A; SL 1994, ch 250; SL 2010, ch 158, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-16.1 - Promulgation of rules for staggered registration system.

32-9-16.1. Promulgation of rules for staggered registration system.
The secretary of revenue may promulgate rules pursuant to the provisions of chapter 1-26 to provide for a staggered registration system.
Source:
SL 2004, ch 210, §1; SL 2010, ch 158, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-16.2 - Fees paid pursuant to chapter--Calculation.

32-9-16.2. Fees paid pursuant to chapter--Calculation.
Any fee paid pursuant to this chapter shall be calculated by assessing one-twelfth of the annual registration fee times the number of months or any portion thereof for which the vehicle is being licensed.
Source:  SL 2004, ch 210, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-16.3 - Staggered registration of intrastate commercial vehicles.

32-9-16.3. Staggered registration of intrastate commercial vehicles.
The annual registration of all intrastate commercial vehicles shall be staggered in accordance with the provisions set forth in §§32-5-2.1, 32-5-2.2, and 32-5-2.4.
Source:
SL 2010, ch 158, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 09 - Commercial Motor Vehicle Certificates › Section 32-9-17 - Duration of commercial plates and decals--Payment for unexpired portion of year--Proration of fee.

32-9-17. Duration of commercial plates and decals--Payment for unexpired portion of year--Proration of fee.
Each commercial motor vehicle plate or validation decal, intrastate and interstate, shall be valid from the date of issue to the last day of the assigned expiration month. If any plate is issued after the renewal month, the commercial motor vehicle fee shall be paid only for the unexpired portion of the registration period. For each full month which has passed before the license is purchased there shall be a one-twelfth reduction of the annual commercial motor vehicle fee. If a vehicle is being commercially licensed for the first time and the registration expiration date falls within ninety days, the applicant may choose to make payment for the current period and for the succeeding period and receive a license for the next registration year.
Source:
SDC 1939, §44.0426; SL 1939, ch 176, §2; SL 1943, ch 161, §2; SL 1947, ch 195, §3; SL 1961, ch 236; SL 1977, ch 249, §28; SL 1988, ch 251, §4; SL 2010, ch 158, §4.