reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-53.2 - Inspection of restored or rebuilt vehicles.

32-3-53.2. Inspection of restored or rebuilt vehicles.
The motor vehicles, trailers, or semitrailers referred to in §32-3-53 may be inspected by an employee of the Department of Revenue or a highway patrolman. The certificate of inspection shall be of a form prescribed and furnished by the department. Motor vehicles, trailers, or semitrailers of any age which have body and chassis from different vehicles combined to make one vehicle, which have component parts changed, or which lack supporting documents with the application for title may also be inspected.
Source:
SL 1985, ch 239, §6; SL 1988, ch 238, §16; SL 2004, ch 17, §43; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-53.4 - Trailer defined.

32-3-53.4. Trailer defined.
For the purposes of §§32-3-53 and 32-3-53.2, a trailer is any trailer as defined in §32-3-1 which has an actual weight of three thousand pounds or greater.
Source:
SL 1985, ch 239, §8; SL 2011, ch 138, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-56 - Special seal--Forms furnished by secretary.

32-3-56. Special seal--Forms furnished by secretary.
For the purpose of carrying out the provisions of this chapter, the office of the secretary may adopt and use a special seal. The secretary shall prescribe and furnish all printed forms needed to carry out the provisions of this chapter.
Source:
SDC 1939, §44.0208 (2) as added by SL 1951, ch 229, §4; SL 1989, ch 257, §45.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-57 - Power of secretary to make rules and require uniformity in administration of statutes--Duty of local officials.

32-3-57. Power of secretary to make rules and require uniformity in administration of statutes--Duty of local officials.
The secretary of revenue may promulgate rules pursuant to chapter 1-26 and issue instructions as are necessary to ensure and obtain uniformity in the administration of the provisions of this chapter. Rules may be adopted in the following areas:
(1)Application requirements for new vehicles, trailers, snowmobiles, and mobile homes;
(2)Certificate of title for vehicles previously registered, time limits of making application, duplicate certificates, and transfer of certificate of title;
(3)Assignment of certificate of title;
(4)Corrections of titles and procedure when there is a body type change;
(5)Lien recording, assignment of liens, execution of cancellation of liens, and delivery of certificate of title;
(6)Transfer of ownership;
(7)Registration tax dealers guides for used vehicles or mobile homes, older motor vehicles and government vehicles, title and license requirements, nonresident reciprocity, manufacturer's price sticker, wrecked motor vehicles, leased vehicles, and homemade vehicles; and
(8)Establishment of a transaction fee for online access to the title and registration system that does not exceed fifty cents for each transaction.
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:
SDC 1939, §44.0213; SDCL §32-3-55; SL 1982, ch 18, §9; SL 1987, ch 82, §49; SL 1989, ch 257, §46; SL 2004, ch 17, §44; SL 2008, ch 148, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-59 - Auction of older motor vehicles by nonprofit automobile club--When permitted--Penalty.

32-3-59. Auction of older motor vehicles by nonprofit automobile club--When permitted--Penalty.
Any motor vehicle that is twenty years of age or older may be sold at auction, if the auction is sponsored by a nonprofit automobile club subject to the provisions of chapters 47-22 to 47-28, inclusive. A nonprofit automobile club may not sponsor more than four auctions a year under this section. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1986, ch 27, §13; SL 1989, ch 255, §3; SL 2021, ch 131, § 1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-60 - Auctioneer to have odometer reading and certificate of title--Exception--Violation as misdemeanor.

32-3-60. Auctioneer to have odometer reading and certificate of title--Exception--Violation as misdemeanor.
Before a vehicle with a title issued by the department may be sold at an auction pursuant to §32-3-59, the auctioneer shall have in his possession an odometer reading certified by the owner of the motor vehicle if the vehicle has an odometer and, except as provided in §32-3-61, the motor vehicle's certificate of title. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1986, ch 27, §14; SL 1989, ch 255, §4; SL 1989, ch 257, §48.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-61 - Auction of vehicle covered by lien--Consent and release of lien holder--Violation as misdemeanor.

32-3-61. Auction of vehicle covered by lien--Consent and release of lien holder--Violation as misdemeanor.
An auctioneer may not sell a vehicle 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. An auctioneer may not release the proceeds from the sale of a vehicle with a lien on the title until the lien holder signs a release of the lien. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1986, ch 27, §15; SL 1989, ch 255, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-62 - List of vehicles sold at auction--Copy of title--Violation as misdemeanor.

32-3-62. List of vehicles sold at auction--Copy of title--Violation as misdemeanor.
Within fifteen days after an auction held pursuant to §32-3-59, the nonprofit automobile club sponsoring the auction shall provide the department with a list of the vehicles sold, including a photocopy of each vehicle's title. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1986, ch 27, §16; SL 1989, ch 255, §6; SL 1989, ch 257, §49.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-63 - Sales of older vehicles at certain auctions exempt from vehicle dealer requirements.

32-3-63. Sales of older vehicles at certain auctions exempt from vehicle dealer requirements.
Sales of titled vehicles pursuant to §§32-3-59 to 32-3-62, inclusive, are exempt from §32-5-29 and chapter 32-6B.
Source:
SL 1986, ch 27, §17.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-64 - Titling vehicles eleven years old or more with no existing record.

32-3-64. Titling vehicles eleven years old or more with no existing record.
Except as provided in §32-3-64.1, if a vehicle is eleven years old or more and no record exists for the vehicle, a person may apply for a vehicle title by submitting to the department an application for title, a valid bill of sale properly signed by the person who has the right to convey ownership which identifies the vehicle, the seller, the purchaser, and the purchase price, and an affidavit which explains the facts surrounding the applicant's acquisition of the vehicle and which indemnifies the state against liability. The department shall conduct a nationwide title search and shall check with the National Crime Information Center to ensure no record of the vehicle exists. If no record of the vehicle is found, the department shall issue a title for the vehicle to the applicant.
Source:
SL 1993, ch 220; SL 2020, ch 130, § 1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-64.1 - Titling vehicles older than 30 years with no existing record--Bond required--Promulgation of rules.

32-3-64.1  .  Titling vehicles older than 30 years with no existing record--Bond required--Promulgation of rules.
If a vehicle is older than thirty years, no record exists for the vehicle, and there is no bill of sale for the vehicle, a person in lawful possession of the vehicle may apply for a vehicle title by submitting to the department an application for title and an affidavit declaring that the conditions of this section have been satisfied and explaining the facts surrounding the applicant obtaining possession of the vehicle.
The department shall conduct a nationwide title search and shall check with the National Crime Information Center to ensure no record of the vehicle exists.
If no record of the vehicle is found, the department shall issue a title for the vehicle to the applicant if the applicant files a bond with the department, in the form prescribed by the department, that is executed by the applicant and an insurance company licensed to do business in this state in an amount equal to no less than one and one-half times the current value of the vehicle as determined by the department. The bond shall be in favor of any prior owner, subsequent purchaser, secured party, and their respective successor in interest, and indemnify against any expense, loss, or damage, including reasonable attorney fees, arising from issuing a title for the vehicle to the applicant, but the aggregate liability to all persons may not exceed the amount of the bond.
At the end of three years after the issuance of the bond, the holder of the certificate of title may apply to the department on a form prescribed by the department for the release of the bond if no claim has been made on the bond. The department may release the bond at the end of three years after the issuance of the bond if all questions as to the ownership of the vehicle have been answered to the satisfaction of the department unless the department has been notified of the pendency of an action to recover on the bond. If the currently valid certificate of title is surrendered to the department, the department may release the bond prior to the end of the three-year period.
The department shall recall a certificate of title with a bond filed under this section if the department finds that the application for the title or the affidavit submitted with the application contained a false statement.
The department shall promulgate rules, pursuant to chapter   1-26  , to establish the process by which the department will determine the current value of the vehicle.
Source:  SL 2020, ch 130, § 2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-65 - Converted motor home title--Unit requirements--Certain requirements to meet national standards--Title application requirements.

32-3-65. Converted motor home title--Unit requirements--Certain requirements to meet national standards--Title application requirements.
If any truck tractor is modified to become a motor home, the owner shall submit an application to the Department of Revenue for a converted motor home title. To become a motor home, the truck tractor shall be modified to include a vehicular-type unit built on the tractor's chassis and designed primarily as temporary living quarters for recreational, camping, vacation, or travel use. The unit shall be equipped with at least five of the following:
(1)Cooking facilities;
(2)A heating system or air conditioning system, or both, separate from the vehicle engine or the vehicle engine electrical system;
(3)A self-contained toilet or a toilet connected to a plumbing system with connection for external water disposal, or both;
(4)Portable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both;
(5)Sleeping facilities;
(6)A refrigerator; or
(7)A one hundred ten or one hundred fifteen volt system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquefied petroleum system and supply.
The systems provided in subdivisions (2), (3), and (4) shall be permanently installed and meet American National Standards Institute and National Fire Protection Association standards in effect on the date of manufacture.
The application shall include a picture of the vehicle and an affidavit signed by the truck tractor owner stating that the vehicle will not be used for private business use and that the vehicle meets the requirements of this section. The department shall provide the form for the affidavit. If the department is satisfied that the conditions of this section are met, the department shall issue a converted motor home title.
Source:
SL 2003, ch 163, §1; SL 2004, ch 17, §45; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2013, ch 134, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-66 - Certain motor home transport uses not deemed private business uses.

32-3-66. Certain motor home transport uses not deemed private business uses.
For the purposes of this chapter, if a motor home is used to transport a motor vehicle, boat, or animal to a race, tournament, show, or similar event, the motor home is not deemed to be engaged in a private business use if:
(1)Any prize money received from participating in such an activity is declared as ordinary income for tax purposes;
(2)The cost of participating in such an activity is not deducted as a business expense for tax purposes; and
(3)No corporate sponsorship exceeding two thousand dollars in any one calendar year is involved in participating in such an activity.
Source:
SL 2003, ch 163, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-67 - Department to provide name and address of record holder of title and lien holders to possessor of vehicle due to unpaid repair bill.

32-3-67. Department to provide name and address of record holder of title and lien holders to possessor of vehicle due to unpaid repair bill.
For purposes of this chapter, the department shall provide a person that has possession of a vehicle as the result of an unpaid repair bill with the last known name and address of the record holder of title and any readily identifiable lien holders free of charge.
Source:
SL 2005, ch 154, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-68 - Application for title on motor vehicle unclaimed as result of unpaid repair bill--Notice to owner and insurer or lien holder--Publication.

32-3-68. Application for title on motor vehicle unclaimed as result of unpaid repair bill--Notice to owner and insurer or lien holder--Publication.
A person may apply for a title on any motor vehicle that is left unclaimed, as the result of an unpaid repair bill, by its owner or person lawfully in possession of, on private property for a period of thirty days after written notice of intent to apply for a title is given to the owner at the owner's last known address and to any readily identifiable insurer or lien holder by certified mail. The notice shall set forth the location where the motor vehicle is being kept, the circumstances surrounding acquisition of the vehicle, the year, make, model, and serial number of the motor vehicle, and shall inform the owner, insurer, and any lien holder of the right to reclaim the vehicle as provided by §32-3-69. The notice shall be on a form provided by the department.
If it is impossible to determine with reasonable certainty the identity and address of the registered owner, insurer, and any lien holder, a notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was left for repair. Published notices may be grouped together for convenience and economy.
Source:
SL 2005, ch 154, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-69 - Vesting of title to motor vehicle in person to whom repair bill is payable--Intent to reclaim--Sale of vehicle.

32-3-69. Vesting of title to motor vehicle in person to whom repair bill is payable--Intent to reclaim--Sale of vehicle.
Title to any motor vehicle shall vest with the person to whom the unpaid repair bill is payable and who has complied with the provisions of this chapter in notifying the owner and all insurers and lien holders of their rights to reclaim the motor vehicle after a period of thirty days from the date to which notice was sent to the owner and all insurers and lien holders. The owner, insurer, or the lienholder may reclaim the motor vehicle by paying any reasonable cost of repair. A lienholder paying the cost of repair may add the cost of repair to the outstanding loan secured by the vehicle. The owner, insurer, or lien holder shall notify the department and the repair facility within thirty days of receipt of the notice of their intent to reclaim the motor vehicle. If the owner, insurer, or lien holder fails to claim and remove the motor vehicle within thirty days after mailing of the notice of intent to reclaim the vehicle, title to the motor vehicle is irrevocably vested in the person to whom the repair bill is payable and who has complied with the provisions of this chapter.
The vehicle shall be sold at public auction pursuant to §§21-54-5, 21-54-7, and 21-54-10 and any excess moneys above settlement of the debt shall be forwarded to the prior owner, insurer, and any other party with a legal interest in such vehicle. If the owner, insurer, and any lien holder are unidentifiable or not able to be contacted, the excess moneys shall be sent to the state treasurer and treated as unclaimed property pursuant to chapter 43-41B.
Source:
SL 2005, ch 154, §4; SL 2018, ch 175, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-69.1 - Electronic title system for motor vehicles.

32-3-69.1. Electronic title system for motor vehicles.
The department may establish an electronic title system for motor vehicles, as the term, motor vehicle, is defined in §32-3-1. Any participant in the electronic title system shall submit electronic applications for original vehicle titles in a form and format prescribed by the department. A participant shall provide all documentation or information required by the department to process the electronic title application, including the electronic manufacturer's statement of origin. The department shall verify the authenticity of the electronic information before the electronic title is issued.
Source:
SL 2013, ch 135, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-70 - Electronic lien filing system--Paper title--Liability for noting or canceling lien in error.

32-3-70. Electronic lien filing system--Paper title--Liability for noting or canceling lien in error.
Notwithstanding any other provision of this title, the department may provide for an electronic lien filing system. If a lien has been noted electronically in the electronic lien filing system, no paper title may be issued to the owner of record or the lienholder. A paper title shall be issued under the following circumstances:
(1)The lien has been satisfied and the owner requests a title;
(2)The owner is relocating to another state and the lienholder authorizes the issuance of a title with the lien noted;
(3)The ownership listed on the title is being changed and the lienholder authorizes the issuance of a title with the lien noted; or
(4)The titled vehicle has been determined to be a salvage vehicle pursuant to §32-3-51.19.
A lien shall be noted or cancelled electronically if an electronic certificate of title exists and the lienholder is participating in the electronic lien filing system. A lien noted electronically is considered perfected as if a paper title was issued and a lien had been noted on the title pursuant to §32-3-29 or 32-3-41. A lienholder is liable for noting or canceling a lien in error.
Source:
SL 2008, ch 152, §1; SL 2012, ch 159, §2; SL 2013, ch 135, §3; SL 2017, ch 128, §6; SL 2018, ch 174, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-71 - Low-speed vehicles.

32-3-71. Low-speed vehicles.
A low-speed vehicle which meets the requirements of Part 49 Section 571.500 of the Code of Federal Regulations as amended to January 1, 2008, shall be issued a title. The manufacturer certificate of origin or vehicle title shall clearly identify the vehicle as a low-speed vehicle. The department may not issue any vehicle identification number to any homemade low-speed vehicle or retrofitted golf cart and such vehicles do not qualify as low-speed vehicles in this state.
Source:
SL 2008, ch 147, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-72 - Local law enforcement officers to provide certain information to motor vehicle repossession businesses.

32-3-72. Local law enforcement officers to provide certain information to motor vehicle repossession businesses.
Any person in the business of repossessing motor vehicles may request any local law enforcement officer to provide the license plate number and color of a motor vehicle licensed in South Dakota. If a person in the business of repossessing motor vehicles provides a copy of the contract for the repossession of the motor vehicle to a local law enforcement officer, the officer shall provide the license plate number and color of the motor vehicle to the person. Any law enforcement officer, who in good faith releases information pursuant to this section, is immune from civil liability for such release.
Source:
SL 2008, ch 149, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-73 - Delivery of manufacturer's statement or certificate of origin upon sale and delivery--Default on sale--Notice--Violation as misdemeanor.

32-3-73. Delivery of manufacturer's statement or certificate of origin upon sale and delivery--Default on sale--Notice--Violation as misdemeanor.
Any dealer, upon the sale and delivery of any new motor vehicle, shall, within forty-five days of the sale and delivery of the new motor vehicle, deliver to the purchaser the manufacturer's statement of origin or manufacturer's certificate of origin for the motor vehicle. 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 manufacturer's statement of origin or manufacturer's certificate of origin to the purchaser. The seller shall notify the department in writing of the seller's refusal to deliver the manufacturer's statement of origin or manufacturer's certificate of origin 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. Any subsequent violation that occurs within two years from any violation of this section is a Class 1 misdemeanor.
Source:
SL 2014, ch 138, §4; SL 2015, ch 156, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-74 - Information to be provided to auction agency taking possession of vehicle at insurer's request.

32-3-74. Information to be provided to auction agency taking possession of vehicle at insurer's request.
If an insurer requests that an auction agency take possession of a motor vehicle that is the subject of an insurance claim and there is no total loss claim payment that results in transfer of ownership to the insurer of the motor vehicle, the department, upon request of the auction agency, shall provide the last known name and address of the record holder of title and any readily identifiable lienholder to the auction agency free of any charge.
Source:
SL 2018, ch 176, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-75 - Title issued to auction agency--Notice of right to reclaim.

32-3-75. Title issued to auction agency--Notice of right to reclaim.
Notwithstanding any other law, an auction agency in possession of a motor vehicle under §32-3-74 may apply for and shall be issued a salvage title or a certificate of title for the motor vehicle in the name of the auction agency if the motor vehicle is not claimed by its owner or any lienholder as provided under §32-3-76. The auction agency seeking title under this section shall send written notice by certified mail, or a similar service that provides proof of delivery, to the owner of the motor vehicle and any readily identifiable lienholder of record at the owner's or lienholder's last known address. The notice shall include the location of the motor vehicle; the circumstance surrounding acquisition of the motor vehicle; reasonable charges incurred by the auction agency; the year, make, model, and serial number of the motor vehicle; and shall inform the owner or lienholder of the right to reclaim the motor vehicle under §32-3-76. If the auction agency cannot determine with reasonable certainty the identity and address of the owner or any lienholder, a notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was acquired by the auction agency. Published notices required under this section may be grouped together for convenience and economy.
Source:
SL 2018, ch 176, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-76 - Reclamation of vehicle by owner or lienholder--Notice of intent to reclaim--Vesting of title to abandoned vehicle in auction agency--Sale of vehicle--Distribution of proceeds.

32-3-76. Reclamation of vehicle by owner or lienholder--Notice of intent to reclaim--Vesting of title to abandoned vehicle in auction agency--Sale of vehicle--Distribution of proceeds.
An owner or lienholder may reclaim a motor vehicle for which notice has been provided as required under §32-3-75. The owner or lienholder shall provide notice to the auction agency of any intent to reclaim the motor vehicle from the auction agency by certified mail, or any similar service that provides proof of delivery, within thirty days of the owner's or lienholder's receipt of notice under §32-3-75. Notwithstanding any other law, and only if the auction agency has complied with the provisions of this chapter, title to the motor vehicle irrevocably vests in the auction agency in possession of the abandoned motor vehicle if:
(1)The auction agency has not received notice of intent to reclaim the motor vehicle from the owner or any lienholder within forty-five days from their receipt of notice provided under §32-3-75; or
(2)The owner or lienholder provides notice of an intent to reclaim the motor vehicle under this section but fails to:
(a)Pay to the auction agency the reasonable charges incurred by the auction agency; and
(b)Claim and remove the motor vehicle within forty-five days after the auction agency's receipt of the notice of intent to reclaim the motor vehicle.
Upon an auction agency's receipt of title, the motor vehicle shall be sold by the auction agency, and any excess proceeds received from the sale, beyond settlement of the reasonable charges incurred by the auction agency, shall be paid jointly to the owner and any prior lienholder, and mailed to the first lienholder, if any, or otherwise to the prior owner. If the auction agency cannot identify or contact the owner or any lienholder, any excess proceeds received from the sale shall be sent to the state treasurer and treated as unclaimed property pursuant to chapter 43-41B. After any salvage title or certificate of title is issued under the provisions of this section or §32-3-75, an owner's or lienholder's exclusive right against the auction agency shall be to any excess proceeds from the auction agency's sale of the vehicle under this section. For purposes of this section and §32-3-75, reasonable charges incurred by the auction agency include any cost incurred by the auction agency for towing and storage of the motor vehicle, providing notice by mail or publication to the owner or any lienholder, and conducting the auction pursuant to this section.
Source:
SL 2018, ch 176, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03 - Title Registration Liens And Transfers › Section 32-3-77 - Issuance of title to insurer unable to obtain title after payment of total loss.

32-3-77. Issuance of title to insurer unable to obtain title after payment of total loss.
Notwithstanding any other law, if an insurer is unable to obtain a certificate of title for a motor vehicle from the owner or lienholder within forty-five days of payment of a total loss claim on the motor vehicle, and is unable to surrender the certificate of title to the department as required pursuant to §32-3-51.20, the department shall issue a salvage title or certificate of title for the motor vehicle to the insurer when the insurer provides to the department:
(1)Proof of payment for the motor vehicle to the registered owner; and
(2)Proof of payment in satisfaction of any lien that was previously perfected on the vehicle.
The department may promulgate rules, pursuant to chapter 1-26, to implement the provisions of this section.
Source:
SL 2018, ch 176, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-1 - Rules governing motorboats, watercraft and recreation on public waters--Violation as misdemeanor.

32-3A-1. Rules governing motorboats, watercraft and recreation on public waters--Violation as misdemeanor.
The Game, Fish and Parks Commission may adopt rules, promulgated pursuant to chapter 1-26, to establish uniform procedures for the administration of motorboats, watercraft and recreation on public waters:
(1)Requiring and regulating the use of standard safety equipment on any boat including whistles, bells, life preservers, fire extinguishers, flame arresters, navigation lights and air vents;
(2)Appointment, management, bonding and cancellation of boat licensing agents;
(3)Traffic, piloting and navigation of boats afloat in the public waters of this state;
(4)Designate areas and safety requirements for swimming or scuba diving in the public waters of this state;
(5)Authorizing regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any public water of this state and regulating the safety of the boats, the participants and the observers;
(6)Public and private docks, constructed, placed or put into public waters.
A violation of a rule adopted pursuant to this section is a Class 2 misdemeanor.
Source:
SL 1984, ch 273, §13; SL 1989, ch 375, §1; SL 1991, ch 186, §37; SL 1993, ch 322, §1; SL 1994, ch 335, §15; SDCL 42-8-1.1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-2 - Definition of terms.

32-3A-2. Definition of terms.
Terms used in this chapter mean:
(1)"Boat," every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;
(2)"Boat dealer," any person or business who in the ordinary course of business sells new or used large boats or any person or business who in the ordinary course of business sells five or more large boats in a year;
(3)"Commission," the Game, Fish and Parks Commission of this state acting directly or through its authorized officers;
(4)"Department," the Department of Revenue;
(5)"Large boat," any boat over twelve feet in length or a motorboat, used or capable of being used as a means of transportation on water, except canoes, inflatable boats, kayaks, sailboards and seaplanes;
(6)"Motorboat," any boat propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a boat which has a valid marine document issued by the commissioner of customs of the United States government or any federal agency successor thereto;
(7)"Operate," to navigate or otherwise use a boat;
(8)"Owner," a person, other than a lien holder, having the property in or title to a boat. The term includes a person entitled to the use or possession of a boat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;
(9)"Personal watercraft," any motorboat that has an inboard or outboard motor powering a water jet pump or caged propeller as its primary source of motive power and is designed to be operated by a person standing on, kneeling on, sitting astride, or being towed behind the watercraft, and has the probability that the operator and passengers may in the normal course of use, fall overboard;
(10)"Racing boat," any boat designed and manufactured exclusively for racing;
(11)"Sailboard," any single-hulled boat equipped with an articulating mast and designed to be operated by a person standing on the board, maneuvering through the trim of the hand-held sail and distributing his body weight on the board; and
(12)"Waters of this state," any public waters within the territorial limits of this state and all waters which form a common boundary between this state and Minnesota, North Dakota, Montana, Wyoming, Iowa, or Nebraska.
Source:
SL 1963, ch 353, §11; SDCL §10-60-15; SL 1998, ch 74, §5; Sl 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2014, ch 137, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-3 - Registration validation decal and numbering display requirements for boats--Violation as misdemeanor.

32-3A-3. Registration validation decal and numbering display requirements for boats--Violation as misdemeanor.
No person may operate or give permission for operation of a nonmotorized boat over twelve feet in length or a motorboat on the waters of this state unless a registration validation decal is displayed on each side of the bow of the boat. No person may operate or give permission for operation of a nonmotorized boat over eighteen feet in length or of a motorboat on the waters of this state unless the boat is numbered in accordance with this chapter and the identifying number set forth in the certificate of number is displayed on each side of the bow of the boat. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §3; SDC Supp 1960, §25.1403; SL 1963, ch 143, §1; SL 1972, ch 231, §1; SL 1984, ch 279, §2; SDCL 42-8-3; SL 2003, ch 164, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-4 - Registration of boats--Application--Violation as felony.

32-3A-4. Registration of boats--Application--Violation as felony.
A boat requiring numbering by this state shall be registered with the department. The application shall be accompanied by a fee to be set by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. The new owner of the boat shall present a manufacturer's statement of origin or assigned certificate of title if a title has been previously issued for the large boat, or if no title is required, the ownership document issued by that jurisdiction; a bill of sale containing a complete description of the large boat; the purchaser's name and address; the previous owner's name and address; the full purchase price as defined by this chapter and how computed; the trade-in allowance and description of the trade, if any; and any other relevant information the department may require to the county treasurer in the county of the owner's residence or if the new owner is a nonresident to any county treasurer. If a person intentionally falsifies information on the certificate, the person is guilty of a Class 6 felony.
Source:
SL 1959, ch 125, §4; SDC Supp 1960, §25.1404 (1); SL 1963, ch 143, §2; SL 1976, ch 258, §6; SL 1984, ch 29, §6; SL 1985, ch 15, §61; SL 1985, ch 333; SL 1988, ch 346, §1; SL 1993, ch 322, §4; SDCL §42-8-5; SL 1998, ch 74, §6; SL 2010, ch 151, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-5 - Issuance of certificate and decals--Display of number and decals--Violation as misdemeanor.

32-3A-5. Issuance of certificate and decals--Display of number and decals--Violation as misdemeanor.
Upon receipt of an application under §32-3A-4 in approved form, the county treasurer shall enter the application upon the records of its office and issue to the applicant a registration stating the number awarded to the boat and two validation decals. The registration shall state the name and address of the owner. The owner shall attach to each side of the bow of the boat the boat number assigned and validation decal as prescribed by rules of the department so the boat number and validation decal are clearly visible. Failure to properly attach and display a boat number or validation decal as provided by this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §4; SDC Supp 1960, §25.1404 (1); SL 1963, ch 143, §2; SL 1979, ch 290; SL 1984, ch 279, §4; SL 1988, ch 346, §2; SL 1993, ch 322, §5; SDCL 42-8-6; SL 1998, ch 74, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-5.1 - Certain owners exempt from numbering and title requirements--Registration and license decals required on state waters--Proof of taxes paid.

32-3A-5.1. Certain owners exempt from numbering and title requirements--Registration and license decals required on state waters--Proof of taxes paid.
Any owner whose boat is registered and documented in accordance with United States Coast Guard regulations is not required to display a South Dakota boat number nor obtain a South Dakota certificate of title on the boat. However, if the boat is used on the waters of this state,the boat shall be registered and shall display South Dakota boat license validation decals. The owner shall attach to each side of the bow of the boat a validation decal. At the time of application for the boat license, the owner shall furnish proof of tax paid on the boat.
Source:
SL 2001, ch 162, §1; SL 2004, ch 202, §1; SL 2010, ch 151, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-5.2 - Mailing fees.

32-3A-5.2. Mailing fees.
In addition to the registration fee required under §32-3A-5, the department or county treasurer shall collect from the owner one dollar and fifty cents per decal or set of decals if a decal is sent to the owner through the mail. If the applicant requests that a decal be express mailed, the applicant shall pay the actual cost of postage and handling. The county treasurer shall deposit any fees for mailing or expressing decals in the county general fund.
Source: SL 2010, ch 157, §8; SL 2023, ch 98, §1, eff. Mar. 14, 2023.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-6 - Size and legibility of numbers--Size and availability of certificate for inspection--Violation as misdemeanor.

32-3A-6. Size and legibility of numbers--Size and availability of certificate for inspection--Violation as misdemeanor.
The numbers awarded and displayed on a motorboat pursuant to §32-3A-5 may not be less than three inches in height and shall be maintained in legible condition. The registration shall be available at all times for inspection in the boat for which issued, whenever the boat is in operation. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §4; SDC Supp 1960, §25.1404 (1); SL 1963, ch 143, §2; SL 1984, ch 279, §5; SL 1991, ch 356; SL 1993, ch 322, §6; SDCL 42-8-7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-11 - Exemptions from numbering requirement.

32-3A-11. Exemptions from numbering requirement.
A boat is not required to be numbered under this chapter if the boat is:
(1)A boat covered by a number still in effect which was awarded pursuant to federal law or a federally approved numbering system of another state, and the boat has neither:
(a)Been in this state for more than sixty consecutive days during any calendar year; nor
(b)Been subject to a contract for a berth for a period of more than sixty consecutive days during any calendar year in marina facilities located within this state;
(2)A boat from a country other than the United States temporarily using the waters of this state;
(3)A boat whose owner is the United States, a state, or subdivision thereof;
(4)A racing boat competing in a regatta or boat race approved by the Game, Fish and Parks Commission or operating during a period not to exceed forty-eight hours immediately preceding the race and the remainder of the race day; or
(5)A boat owned or operated by a person who is participating in a fishing tournament permitted by the Department of Game, Fish and Parks, provided the boat has been issued a temporary boat license valid in South Dakota for a period of ten consecutive days at a fee set by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26.
Source:
SL 1959, ch 125, §6; SDC Supp 1960, §25.1406; SL 1984, ch 279, §7; SDCL §42-8-10; SL 2001, ch 162, §2; SL 2008, ch 150, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-12 - Replacement of lost decal or registration--Fee.

32-3A-12. Replacement of lost decal or registration--Fee.
If one of the validation decals or the registration is lost, the owner of a boat numbered under this chapter shall apply for replacement of the lost validation decal or registration. The fee for replacement of the registration is two dollars and the fee for a replacement set of validation decals is two dollars. Application for the duplicates shall be made to and fees paid to the county treasurer's office of the boat owner's county of residence.
Source:
SL 1959, ch 125, §4; SDC Supp 1960, §25.1404 (3); SL 1963, ch 143, §2; SL 1984, ch 279, §11; SL 1988, ch 346, §6; SL 1991, ch 359; SL 1993, ch 322, §12; SDCL 42-8-15.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-13 - Expiration and renewal of registration and validation decals.

32-3A-13. Expiration and renewal of registration and validation decals.
Each registration and validation decal shall expire on the last day of the month of the year for which it was issued. The boat shall be registered in the same manner as motor vehicles pursuant to §§32-5-2.2 and 32-5-2.6. The registration may be renewed by the owner and new validation decals obtained as provided in §32-3A-4.
Source:
SL 1959, ch 125, §4; SDC Supp 1960, §25.1404 (7); SL 1963, ch 143, §2; SL 1984, ch 279, §12; SL 1993, ch 322, §13; SDCL §42-8-16; SL 1998, ch 74, §11; SL 2004, ch 202, §2; SL 2008, ch 151, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-14 - Abstract of boat registration information--Fee.

32-3A-14. Abstract of boat registration information--Fee.
The department may upon written request and receipt of a two-dollar fee furnish a person an abstract regarding registration information of any boat registered under the provisions of this chapter. The fee shall be deposited in the state motor vehicle fund. Governmental entities and their subdivisions are exempt from this fee requirement.
Source: SL 1959, ch 125, §4; SDC Supp 1960, §25.1404 (6); SL 1988, ch 346, §7; SL 1993, ch 322, §16; SDCL
42-8-18
; SL 1998, ch 74, §12; SL 2021, ch 130, § 9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-15 - Administrative fee for each boat license.

32-3A-15. Administrative fee for each boat license.
The county treasurer may charge the boat owner an administrative fee not to exceed three dollars for each boat license sold pursuant to this chapter. The fee shall be deposited in the county general fund.
Source:
SL 1988, ch 346, §8; SDCL §42-8-18.1; SL 2016, ch 47, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-16 - Display of other numbers on boat prohibited--Misdemeanor.

32-3A-16. Display of other numbers on boat prohibited--Misdemeanor.
No number other than the number awarded to a boat or granted reciprocity pursuant to this chapter may be attached on either side of the bow of the boat. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §4; SDC Supp 1960, §25.1404 (11); SL 1984, ch 279, §15; SDCL 42-8-19.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-17 - Inspection by law enforcement officer.

32-3A-17. Inspection by law enforcement officer.
Any law enforcement officer of this state or its subdivisions may enforce the provisions of this chapter and in the exercise thereof has the authority to stop and board any boat subject to this chapter.
Source:
SL 1959, ch 125, §4; SDC Supp 1960, §25.1404 (12); SL 1984, ch 273, §17; SL 1994, ch 335, §16; SDCL 42-8-21; SL 1998, ch 74, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-18 - Classification of boats for equipment purposes.

32-3A-18. Classification of boats for equipment purposes.
Boats subject to the provisions of this chapter are divided into four classes as follows:
Class A. Less than sixteen feet in length.
Class 1. Sixteen feet or over and less than twenty-six feet in length.
Class 2. Twenty-six feet or over and less than forty feet in length.
Class 3. Forty feet or over.
Source:
SL 1959, ch 125, §5; SDC Supp 1960, §25.1405 (1); SL 1984, ch 279, §17; SDCL 42-8-23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-19 - Territorial application of chapter--Identical local rules not prohibited.

32-3A-19. Territorial application of chapter--Identical local rules not prohibited.
The provisions of this chapter shall govern the operation, equipment, numbering, and all other matters relating thereto whenever any boat is operated on the waters of this state, or when any activity regulated by this chapter takes place thereon. Nothing in this chapter shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of boats, the provisions of which are identical to the provisions of this chapter or rules promulgated pursuant to this chapter. However, any ordinance or local law shall be operative only so long as and to the extent that it is identical to provisions of this chapter or rules promulgated pursuant to this chapter.
Source:
SL 1959, ch 125, §14; SDC Supp 1960, §25.1414 (1); SL 1994, ch 335, §27; SDCL 42-8-62.