reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-20 - Application for title.

32-3A-20. Application for title.
Sections 32-3A-20 to 32-3A-32, inclusive, apply to large boats which are purchased or acquired by residents of this state on and after March 1, 1992. The provisions of §32-3A-3 apply to large boats. Any resident of this state who purchases or acquires a large boat shall apply to the county treasurer of such person's residence for a certificate of title for the large boat.
Source:
SL 1991, ch 362, §2; SL 1994, ch 335, §2; SDCL 42-8-71.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-21 - Time for application for certificate of title--Form and content of application.

32-3A-21. Time for application for certificate of title--Form and content of application.
Each owner of a large boat subject to titling under §§32-3A-20 to 32-3A-32, inclusive, shall apply to the county treasurer for issuance of a certificate of title for the large boat within forty-five days after acquisition. The application shall be on forms the department prescribes, and accompanied by the certificate of title or other acceptable ownership document previously issued for the boat if the boat is used or the manufacturer's statement of origin if the boat is new, a bill of sale and the required fee. The application shall contain the date of sale and purchase price of the large boat or the fair market value if no sale immediately preceded the transfer, and any additional information the department requires. If the application is made for a large boat last previously registered or titled in another state or foreign country, the application shall contain this information and any other information the department requires.
Source:
SL 1991, ch 362, §4; SL 1993, ch 322, §20; SL 1994, ch 335, §30; SDCL §42-8-72; SL 1998, ch 74, §14; SL 2015, ch 156, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-21.1 - Administration fee--Title applications processed by mail.

32-3A-21.1  .  Administration fee--Title applications processed by mail.
If an application made to the county treasurer for a certificate of title pursuant to §§  32-3A-20   and 32-3A-21 is received and processed entirely by mail, the county treasurer may charge an administration fee for the processing of the title application. An administration fee charged under this section shall be established by resolution of the board of county commissioners and may not exceed twenty-five dollars per title transfer. The county treasurer shall notify the department within ten days of the adoption of an administration fee. The notification shall include the effective date and amount of the administration fee. Any administration fees collected shall be deposited in the county general fund. No administration fee under this section may be charged to any insurance company or dealer licensed in South Dakota.
Source:  SL 2020, ch 128, § 2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-22 - Acquisition of used large boat by dealer--Application for title.

32-3A-22. Acquisition of used large boat by dealer--Application for title.
If a dealer buys or acquires a used large boat for resale, the dealer may apply for and obtain a certificate of title as provided in §§32-3A-20 and 32-3A-21. If a dealer buys or acquires a used unnumbered large boat, the dealer shall apply for a certificate of title in the dealer's name within forty-five days. If a dealer buys or acquires a new large boat for resale, the dealer may apply for a certificate of title in the dealer's name.
Source:
SL 1991, ch 362, §5; SL 1994, ch 335, §31; SDCL §42-8-73; SL 2015, ch 156, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-23 - Assignment of title for transfer by boat dealer or motor vehicle dealer--Violation as misdemeanor.

32-3A-23. Assignment of title for transfer by boat dealer or motor vehicle dealer--Violation as misdemeanor.
Any boat dealer or motor vehicle dealer licensed pursuant to chapter 32-6B transferring a large boat requiring titling under §§32-3A-20 to 32-3A-32, inclusive, shall assign the title to the new owner within forty-five days of the date of sale, or if a new large boat, the boat dealer shall assign the manufacturer's certificate of origin to the new owner within forty-five days of the date of sale. Within forty-five days the applicant shall forward all title fees and applications to the county treasurer. 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 1991, ch 362, §6; SL 1994, ch 335, §32; SL 1994, ch 336; SDCL §42-8-74; SL 1998, ch 74, §15; SL 2014, ch 138, §1; SL 2015, ch 156, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-24 - Transfer of title required for large boats--Violation as misdemeanor.

32-3A-24. Transfer of title required for large boats--Violation as misdemeanor.
No person may sell, assign, or transfer a large boat titled by the state without delivering to the purchaser or transferee a certificate of title with an assignment on it showing title in the purchaser or transferee. The certificate of title with an assignment shall be transferred to the purchaser or transferee within forty-five days from the date of the sale, assignment, or transfer. No person may purchase or otherwise acquire a large boat required to be titled by the state without obtaining a certificate of title for it in that person's name. 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 1991, ch 362, §8; SL 1994, ch 335, §33; SDCL §42-8-76; SL 2014, ch 138, §2; SL 2015, ch 156, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-25 - Fee for issue, transfer, or correction of certificate of title--Duplicate title.

32-3A-25. Fee for issue, transfer, or correction of certificate of title--Duplicate title.
The county treasurer shall charge a ten-dollar fee for issuance of a certificate of title, a transfer of title, or a corrected certificate of title. Five dollars of the fee shall be deposited in the state general fund and five dollars shall be deposited in the county general fund. If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the owner named in the certificate shall obtain a duplicate by applying to the county treasurer. The applicant shall furnish information the department requires concerning the original certificate and the circumstances of its loss, mutilation, or destruction, and any lien to be noted on the certificate of title as evidenced by a copy of the security agreement. Any mutilated or illegible certificate shall be returned to the department with the application for a duplicate. The duplicate certificate of title shall be marked plainly, duplicate, across its face and mailed or delivered to the applicant or as otherwise directed by the owner. If a lost or stolen original certificate of title for which a duplicate has been issued is recovered, the original shall be surrendered promptly to the department for cancellation.
A fee of ten dollars shall be paid to the department for each duplicate title issued.
Source:
SL 1991, ch 362, §10; SL 1993, ch 322, §25; SDCL §42-8-77 SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2016, ch 47, §7; SL 2017, ch 128, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-26 - Manufacturer's or importer's certificate of origin for new large boats--Violation as misdemeanor.

32-3A-26. Manufacturer's or importer's certificate of origin for new large boats--Violation as misdemeanor.
No manufacturer or boat dealer may transfer ownership of a new large boat without supplying the transferee with the manufacturer's or importer's certificate of origin signed by the manufacturer's or importer's authorized agent. The certificate shall contain information the department requires. No boat dealer may purchase or acquire a new large boat without obtaining from the seller a manufacturer's statement of origin. Any person who does not comply with this section is guilty of a Class 2 misdemeanor.
Source:
SL 1991, ch 362, §11; SL 1993, ch 322, §26; SL 1994, ch 335, §34; SDCL 42-8-78; SL 1998, ch 74, §16.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-27 - Hull identification number.

32-3A-27. Hull identification number.
Any boat whose construction began after October 31, 1972, shall have a hull identification number assigned and affixed as required by the federal Boat Safety Act of 1971. The Department of Revenue shall by rules promulgated pursuant to chapter 1-26, establish the procedures for application and for issuance of the hull identification number for homebuilt boats. No person may destroy, remove, alter, cover, or deface the manufacturer's hull identification number, the plate bearing it, or any hull identification number the department assigns to a boat without the department's permission. A person other than a manufacturer who constructs a large boat or uses an unconventional device as a large boat for navigation shall submit an affidavit which describes the large boat or device to the department. In cooperation with the county treasurer, the department shall assign a hull identification number to the large boat or device. The applicant shall cause the number to be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, above the waterline of the boat or device in such a way that alteration, removal, or replacement would be obvious and evident.
Source:
SL 1991, ch 362, §12; SL 1994, ch 335, §35; SDCL §42-8-79; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-28 - Dealer record of large boats--Inspection by Department of Revenue.

32-3A-28. Dealer record of large boats--Inspection by Department of Revenue.
A dealer shall maintain for five years a record of any large boat bought, sold, exchanged, or received for sale or exchange. The dealer shall allow department representatives to inspect the record during reasonable business hours.
Source:
SL 1991, ch 362, §13; SL 1994, ch 335, §36; SDCL 42-8-80; SL 1998, ch 74, §17; SL 2021, ch 130, § 3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-29 - Transfer by operation of law--Transferee application for title.

32-3A-29. Transfer by operation of law--Transferee application for title.
If ownership of a large boat is transferred by operation of law, by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within forty-five days after acquiring the right to possession of the large boat, shall mail or deliver to the county treasurer satisfactory proof of ownership as the department requires, together with an application for a new certificate of title, and the required fee. If a lienholder repossesses a large boat and holds it for resale, the lienholder shall secure a new certificate of title and shall pay the required fee.
Source:
SL 1991, ch 362, §14; SL 1994, ch 335, §37; SDCL §42-8-81; SL 2016, ch 154, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-30 - Security interest in large boat--Perfecting interest--Fee.

32-3A-30. Security interest in large boat--Perfecting interest--Fee.
A security interest created in this state on a large boat is not perfected until the security interest is noted on the manufacturer's statement of origin, on the manufacturer's certificate of origin, on the original certificate of title, or when a person applies for a duplicate certificate of title pursuant to §32-3A-25. To perfect the security interest, a copy of the security agreement shall be presented along with the manufacturer's statement of origin, the manufacturer's certificate of origin, the original title, or as otherwise provided in §32-3A-25. The secretary of revenue, the county treasurer, or the seller, buyer, owner, or holder of the manufacturer's statement of origin, the manufacturer's certificate of origin, or the certificate of title shall note the security interest at any place on the manufacturer's statement of origin, the manufacturer's certificate of origin, or the certificate of title. Pursuant to the provisions of this section, the lien is perfected against the creditors of the debtor, is valid against the creditors of the debtor, whether armed with process or not, and subsequent purchasers and other lien holders or claimants, but otherwise is not valid against them. The fee for noting the lien is ten dollars. The fees shall be deposited in the county general fund. Except as otherwise provided in §32-3A-25, the certificate of title shall be presented to the county treasurer if a lien is to be noted on an existing certificate of title.
The owner shall present the certificate of title to the county treasurer when a release statement is filed.
Source:
SL 1991, ch 362, §15; SL 1993, ch 322, §28; SL 1994, ch 335, §38; SL 1997, ch 180, §2; SDCL §42-8-82; SL 1998, ch 171, §2; SL 2003, ch 160, §15; SL 2016, ch 47, §8; SL 2017, ch 128, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-31 - Forms to implement large boat provisions.

32-3A-31. Forms to implement large boat provisions.
The department shall prescribe and provide suitable forms for applications, certificate of title, notices of security interests, and all other notices and forms necessary to implement §§32-3A-20 to 32-3A-32, inclusive.
Source:
SL 1991, ch 362, §16; SDCL 42-8-83; SL 1998, ch 74, §18.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-32 - Certificate of title for large boats not yet subject to large boat provisions.

32-3A-32. Certificate of title for large boats not yet subject to large boat provisions.
The owner of a large boat not yet subject to the titling requirements of §§32-3A-20 to 32-3A-32, inclusive, may apply to the county treasurer of the owner's residence for a certificate of title for the large boat. If there are one or more liens on the large boat, the department shall note the liens on the certificate of title in order of their priority and shall deliver or mail the certificate of title to the owner or as otherwise directed by the owners.
Upon issuance of the certificate of title for the large boat, the large boat shall thereafter be subject to the requirements of §§32-3A-20 to 32-3A-32, inclusive, as though the boat was required to be titled.
The owner shall present the certificate of title to the county treasurer when a release statement is filed and a new or endorsed certificate shall be issued to the owner.
Source:
SL 1991, ch 362, §17; SL 1993, ch 322, §32; SL 1994, ch 335, §39; SDCL §42-8-84; SL 1998, ch 74, §19; SL 2003, ch 160, §16.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-33 - Promulgation of rules for titling large boats.

32-3A-33. Promulgation of rules for titling large boats.
The secretary of revenue may adopt rules, promulgated pursuant to chapter 1-26, to establish uniform procedures for the administration of the titling of large boats and registration and numbering of boats for the following areas:
(1)Application requirements for the registration and titling of boats, assignment of certificate of title, certificate of title for boats previously registered, time limits for making application, duplicate certificates and transfer of certificate, lien recording, assignment of liens, execution of cancellation of liens, delivery of title, abandoned, repossessed, and operation by law; and
(2)Issuance, display, inspection, expiration, cancellation, and removal of certificates of number and boat identification tags.
Violation of a rule adopted pursuant to this section is a Class 2 misdemeanor.
Source:
SL 1993, ch 322, §2; SL 1994, ch 335, §40; SDCL 42-8-85; SL 1998, ch 74, §20.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-34 - Registration requirements--Time to apply for large boat registration.

32-3A-34. Registration requirements--Time to apply for large boat registration.
No boat may be registered in this state until all of the requirements of this chapter have been met. A certificate of title shall be applied for at the time of registration for any large boat.
Source:
SL 1993, ch 322, §8; SL 1994, ch 335, §41; SDCL 42-8-86.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-35 - No tax paid title for large boat.

32-3A-35. No tax paid title for large boat.
The secretary may, upon the completion of an application for a title, payment of the title fee and surrender of evidence of ownership by an applicant, issue a certificate of title, no tax paid, for a large boat if the applicant certifies on the application that the large boat is not going to be used upon the waters of this state or any other state. If a no tax paid title is issued, the applicant may not use the large boat upon the waters of this state.
Source:
SL 1993, ch 322, §9; SL 1994, ch 335, §42; SDCL 42-8-87.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-36 - Application submitted to county treasurer--Nonnegotiable title--Violation as misdemeanor.

32-3A-36. Application submitted to county treasurer--Nonnegotiable title--Violation as misdemeanor.
Any person who is an owner of a boat who is required to apply for title or registration, or both, and whose legal residence or chief place of business is outside the state, shall submit an application, a copy of a valid title if from a title issuing state from another jurisdiction or other form of ownership acceptable to the department and payment of all applicable fees to the county treasurer. Upon receipt of such information, the county treasurer shall issue a nonnegotiable interstate title. A nonnegotiable title is not a valid legal document for any purpose or transaction except to make application for yearly South Dakota registration. The nonnegotiable title is valid as long as title ownership remains the same. Failure to apply for a title as provided by this section is a Class 2 misdemeanor.
Source:
SL 1993, ch 322, §14; SDCL 42-8-88; SL 1998, ch 74, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-37 - Validation of nonnegotiable interstate title application.

32-3A-37. Validation of nonnegotiable interstate title application.
The county treasurer shall forward each nonnegotiable interstate title to the department with the application for registration, a copy of the valid ownership document or out-of-state registration. The department shall determine if such documents were valid at the time of application for registration.
Source:
SL 1993, ch 322, §15; SDCL 42-8-89.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-38 - Abstract of boat title history--Fee.

32-3A-38. Abstract of boat title history--Fee.
The department may upon written request and receipt of a five dollar fee furnish a person an abstract of the title history. The abstract may include all documents filed with the department to establish the title history of the boat. The fee shall be deposited in the state motor vehicle fund. Governmental entities and their subdivisions are exempt from this fee requirement.
Source:
SL 1993, ch 322, §17; SDCL §42-8-90; SL 1998, ch 74, §22; SL 2004, ch 203, §8; SL 2015, ch 157, §12; SL 2021, ch 130, § 10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-38.3 - Damage disclosure statement to be part of title history.

32-3A-38.3. Damage disclosure statement to be part of title history.
The department shall retain each damage disclosure statement received. The statement shall become part of the title history available to the public.
Source:
SL 2004, ch 203, §3; SL 2015, ch 157, §15.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-38.6 - Damage disclosure sticker, decal, or notice required on large boats sold or offered for sale.

32-3A-38.6. Damage disclosure sticker, decal, or notice required on large boats sold or offered for sale.
Any large boat that is required to be titled pursuant to this chapter and is sold or offered for sale by a boat dealer as defined in §32-3A-2 shall display a sticker, decal, or notice that discloses previous damage to the large boat as determined by the department in rules promulgated pursuant to chapter 1-26. The rules shall also prescribe the format and construction of the sticker, decal, or notice.
Source:
SL 2004, ch 203, §6; SL 2007, ch 172, §2; SL 2015, ch 157, §18.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-38.8 - Large boats previously titled in another state--Notation on title required.

32-3A-38.8. Large boats previously titled in another state--Notation on title required.
The department shall, in a conspicuous location, place on the first South Dakota title and all subsequent titles issued for any large boat for which a certificate of title was issued by another state, the name of the previous state and any brand or notation indicated on the title by that state.
Source:
SL 2004, ch 203, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-39 - Temporary permit--Fee.

32-3A-39. Temporary permit--Fee.
A person, in possession of a title either in his name or assigned to the person or a bill of sale which lists the person as a purchaser of the boat, may procure from any county treasurer a temporary permit which allows use of the boat in South Dakota waters. The title or bill of sale shall be available for inspection by any law enforcement officer if the boat is being used. The permit may be purchased for any period from five to fifteen consecutive days at a fee of one dollar per day for each day the permit is required. The minimum permit fee is five dollars. The fee is payable to the county treasurer at the time of purchase. All permit fees shall be forwarded monthly by the county treasurer to the department. The fee shall be deposited in the state motor vehicle fund. Only one permit may be issued yearly for each boat.
Source:
SL 1993, ch 322, §18; SDCL 42-8-91; SL 1998, ch 74, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-41 - Late application--Fee--Violation as misdemeanor.

32-3A-41. Late application--Fee--Violation as misdemeanor.
If application for certificate of title is presented more than forty-five days after date of assignment of title or acquisition of the large boat if no title exists or more than forty-five days after assignment of the manufacturer's statement of origin, the officer receiving the application shall collect, in addition to the regular established fees, a late fee of one dollar for each week or fraction thereof beyond the forty-five day limitation for twenty-five weeks and a late fee of fifty dollars for twenty-six weeks or more. Any person applying for a title twenty-six weeks beyond the forty-five day limitation is guilty of a Class 2 misdemeanor.
Source:
SL 1993, ch 322, §22; SL 1994, ch 335, §44; SDCL §42-8-93; SL 2015, ch 156, §10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-42 - False statement on application for certificate of title as felony.

32-3A-42. False statement on application for certificate of title as felony.
Any person who knowingly makes a false statement of a material fact, either on the application for certificate of title provided for in this chapter, or in any assignment thereof, is guilty of a Class 5 felony.
Source:
SL 1993, ch 322, §23; SDCL 42-8-94.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-43 - Alteration or forgery of title as a felony.

32-3A-43. Alteration or forgery of title as a felony.
Any person who alters or forges, or causes to be altered or forged, any certificate of title issued by the State of South Dakota pursuant to the provisions of this chapter, or any assignment thereof, or any person who shall hold or use any such certificate or assignment knowing the same to have been altered or forged, is guilty of a Class 6 felony.
Source:
SL 1993, ch 322, §24; SDCL 42-8-95.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-44 - Burden of proving ownership of large boat.

32-3A-44. Burden of proving ownership of large boat.
The burden of proving ownership and title is upon the applicant for a certificate of title. If satisfied that the applicant is the owner of the large boat and the application is in proper form, the secretary of revenue shall issue a certificate of title over his signature.
Source:
SL 1993, ch 322, §27; SL 1994, ch 335, §45; SDCL 42-8-96.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-45 - Notification to deliver certificate of title upon treasurer's receipt of lien or title instrument--Notation of lien--Notice to lien holder--Liability for refusing to show lien.

32-3A-45. Notification to deliver certificate of title upon treasurer's receipt of lien or title instrument--Notation of lien--Notice to lien holder--Liability for refusing to show lien.
The county treasurer, upon receipt of a lien or title instrument duly executed in the manner prescribed by law governing such instruments, together with the fee prescribed for notation thereof which is nonrefundable, shall notify the holder of the certificate of title to deliver to the treasurer, within fifteen days from the date of notice, the certificate of title to permit notation of the lien, and if necessary, the issuance of a new certificate of title. After the notation of the lien, the treasurer shall deliver the certificate of title to the owner or as otherwise directed by the owner. The secured party shall be mailed or delivered notification of the party's security interest as filed and noted on the certificate of title. Any holder of the certificate of title who refuses to deliver the certificate of title to the treasurer for purposes of showing the lien on the certificate of title within fifteen days from the date notified to do so by the treasurer is liable for damages to the lien holder for the amount of damage the lien holder suffered by reason of the holder of the certificate of title refusing to permit the showing of the lien on the certificate of title.
Source:
SL 1993, ch 322, §29; SDCL 42-8-97; SL 2003, ch 160, §11.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-46 - Release of discharged lien--Notation on title--Time requirement.

32-3A-46. Release of discharged lien--Notation on title--Time requirement.
If a lien is discharged, the lien holder shall execute a release within twenty days after the final payment is received. The release shall contain the certificate of title number and the date of the notation. The lien holder shall deliver the release and certificate of title if held by the lien holder to any county treasurer. The treasurer shall note the cancellation of the lien on the face of the certificate of title, and on the same day shall notify the secretary. The secretary shall cancel the lien on the state's computer system, if the treasurer has not done so. If the certificate of title is lost as set forth in §32-3-29, application for duplicate title may be forwarded along with the release to the department. The department shall cancel the lien. Upon the satisfaction of a security interest on a large boat for which the certificate of title is in the possession of the owner, the secured party shall within twenty days after final payment is received, execute a release of security interest on the form prescribed by the department and mail or deliver the release to the owner or as otherwise directed by the owner.
Source:
SL 1993, ch 322, §30; SL 1994, ch 335, §46; SDCL 42-8-98; SL 2003, ch 160, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-47 - Record of chain of title of large boat.

32-3A-47. Record of chain of title of large boat.
Except as otherwise provided in this chapter, every large boat certificate of title, upon transfer of ownership, shall contain a complete record showing the chain of title of such large boat from the owner named on the front of the title to and including the applicant presenting the same as evidence of ownership and applying for a new certificate of title.
Source:
SL 1993, ch 322, §33; SL 1994, ch 335, §47; SDCL 42-8-99.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-48 - Duties of county treasurer.

32-3A-48. Duties of county treasurer.
The county treasurer shall assist in the administration of this chapter and perform such duties in connection therewith as may be required by the secretary.
Source:
SL 1993, ch 322, §34; SDCL 42-8-100; SL 2003, ch 160, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-49 - Refusal or revocation of license--Notice.

32-3A-49. Refusal or revocation of license--Notice.
If the secretary finds that an applicant for a certificate of title or registration of a boat is not entitled thereto, under the provisions of this chapter or the chapter which imposes tax on boats, the secretary may refuse to issue a certificate or to register such vehicles, and may for a like reason, and after notice and hearing, revoke title, license, and registration already acquired. The notice shall be served in person or by registered or certified mail.
Source:
SL 1993, ch 322, §35; SDCL 42-8-101; SL 1998, ch 74, §25.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-50 - Excise tax on purchase of any large boat--In lieu of sales tax--Violation as misdemeanor.

32-3A-50. Excise tax on purchase of any large boat--In lieu of sales tax--Violation as misdemeanor.
In addition to all other fees, a person shall pay an excise tax at the rate of three percent on the purchase price of any large boat, purchased or acquired for use on the waters of this state and required to be registered under the laws of this state. This tax shall be in lieu of any tax levied by chapters 10-45 and 10-46 on the sales of such large boats. Failure to pay the full amount of excise tax is a Class 1 misdemeanor.
Source:
SL 1993, ch 102, §1; SL 1994, ch 335, §3; SDCL 10-60-1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-51 - "Large boat" defined.

32-3A-51."Large boat" defined.
For purposes of this chapter, the term, large boat, means any boat defined as a large boat by §32-3A-2 and its accompanying motor.
Source:
SL 1993, ch 102, §2; SL 1994, ch 335, §4; SDCL 10-60-2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-53 - Purchase price defined.

32-3A-53. Purchase price defined.
For the purposes of this chapter, the purchase price is:
(1)For a new large boat, the total consideration whether received in money or otherwise. However, if a large boat is taken in trade as a credit or part payment on a new large boat, the credit or trade-in value allowed by the seller shall be deducted from the total consideration for the new large boat to establish the purchase price;
(2)For a used large boat sold or transferred by a dealer, the total consideration for the used large boat whether received in money or otherwise. However, if a large boat is taken in trade by the dealer as a credit or part payment on a used large boat, the credit or trade-in value allowed by the dealer shall be deducted from the consideration so that the net consideration is established;
(3)For a used large boat sold or transferred by any person other than a dealer, the total consideration received in money or otherwise. However, if a large boat is taken in trade as a credit or part payment on a used large boat, the credit or trade-in value shall be deducted from the total consideration so that the net consideration is established. The purchaser and seller of the large boat shall submit to the county treasurer a bill of sale, approved and supplied by the secretary. If a bill of sale is not submitted, the excise tax shall be assessed on the retail value as stated in a nationally recognized dealers' guide as approved by the secretary of revenue. If the excise tax is assessed on the retail value, the value of the large boat taken in as credit on trade-in shall be the retail value as stated in the nationally recognized dealers' guide;
(4)For a new or used large boat acquired by gift or other transfer for no or nominal consideration, the manufacturers' suggested dealer list price for new large boats and for used large boats the retail value stated in a nationally recognized dealers' guide approved and furnished by the secretary of revenue;
(5)For a large boat manufactured by a person who registers it under the laws of this state, the amount expended for materials, labor and other properly allocable costs of manufacture or in the absence of actual expenditures for the manufacture of a part or all of the large boat, the reasonable value of the completed large boat;
(6)For a rebuilt large boat, upon its initial registration and titling, the total consideration for the salvage large boat, whether received in money or otherwise.
Source:
SL 1993, ch 102, §4; SL 1994, ch 335, §6; SDCL 10-60-4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-54 - Used large boats--Valuation.

32-3A-54. Used large boats--Valuation.
On used large boats, the county treasurer shall, for the purpose of this chapter, use the most generally used and approved nationally recognized dealers' guide provided by the secretary of revenue. If the large boat is not covered by the provided dealers' guide, the county treasurer shall seek assistance from the department.
The secretary of revenue shall file notice of approved national dealer or appraisal guides with the secretary of state indicating the effective date of such approval. Such filing is not subject to chapter 1-26.
Source:
SL 1993, ch 102, §5; SL 1994, ch 335, §7; SDCL 10-60-5; SL 1998, ch 74, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-55 - Application for title and registration--Falsification as felony.

32-3A-55. Application for title and registration--Falsification as felony.
The new owner of a large boat shall present to the county treasurer in the county of the owner's residence the manufacturer's statement of origin or assigned certificate of title if a title has been previously issued for the large boat, an application for title and registration and 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. If a person intentionally falsifies information on the certificate, the person is guilty of a Class 6 felony.
Source:
SL 1993, ch 102, §6; SL 1994, ch 335, §8; SDCL 10-60-6; SL 1998, ch 74, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-56 - Payment of tax to county treasurer.

32-3A-56. Payment of tax to county treasurer.
The excise tax levied by this chapter shall be paid to the county treasurer in the county of the new owner's residence when the owner applies for title and registers the large boat.
Source:
SL 1993, ch 102, §7; SL 1994, ch 335, §9; SDCL 10-60-7; SL 1998, ch 74, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-57 - Boats previously subjected to tax.

32-3A-57. Boats previously subjected to tax.
If any large boat has been subjected previously to a sales tax, use tax, excise tax, or similar tax by this or any other state or its political subdivision, no tax is owed to this state if the tax has been paid by the applicant to this or any other state. If the amount of tax levied and paid is the same or more than the amount of tax levied by this chapter, no tax or refund is due under this chapter. The county treasurer shall require of each applicant making application for registration of a large boat in this state to furnish a bill of sale, receipt or other tangible evidence that the amount of tax has been paid by the current applicant. If sufficient proof is not furnished, the county treasurer shall collect the tax levied by this chapter on the retail value of the large boat listed in a nationally recognized dealers' guide. The value shall be the retail value of the large boat on the day it entered the state.
Source:
SL 1993, ch 102, §8; SL 1994, ch 335, §10; SDCL 10-60-8; SL 1998, ch 74, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-58 - No issuance or transfer of title without tax payment.

32-3A-58. No issuance or transfer of title without tax payment.
No title may be issued or transferred for the ownership of any large boat unless the tax levied by this chapter is paid.
Source:
SL 1993, ch 102, §9; SL 1994, ch 335, §11; SDCL 10-60-9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-59 - Seller's books and records--Availability--Retention.

32-3A-59. Seller's books and records--Availability--Retention.
Any seller of a large boat shall, on demand by the secretary of revenue, make available all books, records, and memoranda that relate to the sale of a large boat. The secretary may conduct an audit of the books and records of any seller of a large boat failing or refusing to produce such records. All books, records, and memoranda which relate to the sale of a large boat shall be retained by the seller for five years.
Source:
SL 1993, ch 102, §11; SL 1994, ch 335, §12; SDCL 10-60-10; SL 2021, ch 130, § 4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-60 - Deposit of revenues.

32-3A-60. Deposit of revenues.
All revenues received pursuant to this chapter shall be deposited in the state general fund.
Source:
SL 1993, ch 102, §12; SDCL 10-60-11.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-61 - Siblings defined.

32-3A-61. Siblings defined.
For the purposes of this chapter, the term, siblings, includes any individuals who are brother or sister by blood, marriage, or adoption.
Source:
SL 1993, ch 102, §13; SDCL 10-60-14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-62 - Revenues allocated for state aid to education.

32-3A-62. Revenues allocated for state aid to education.
Of the total revenue collected as a result of the tax imposed by this chapter, 56.25 percent of the total revenue shall be allocated for state aid to education pursuant to chapter 13-13.
Source:
SL 1993, ch 102, §12A; SDCL §10-60-12; SL 2015, ch 89, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-63 - Expenditures on educational purposes--Vouchers.

32-3A-63. Expenditures on educational purposes--Vouchers.
Expenditures of the money allocated by §32-3A-62 shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary of the Department of Education. All expenditures allocated by §32-3A-62 shall be made through a General Appropriations Act.
Source:
SL 1993, ch 102, §12B; SDCL 10-60-13; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 03A - Title Registration And Taxation Of Boats › Section 32-3A-64 - Rental company operating within dealership is separate business--Distinct name required.

32-3A-64. Rental company operating within dealership is separate business--Distinct name required.
For the purposes of this chapter, any leasing or rental company that operates within the principal place of business of a dealer, licensed pursuant to chapter 32-7B, is a business separate from the dealership. A leasing or rental company shall title, license, and tax any leased or rental boat in a name that is distinct and separate from that of the dealership name as indicated on the dealer license under chapter 32-7B.
Source:
SL 2001, ch 163, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 04 - Theft And Misappropriation Of Vehicles › Section 32-4-1 - Duty of law officers to report stolen or recovered vehicles--Holding vehicles.

32-4-1. Duty of law officers to report stolen or recovered vehicles--Holding vehicles.
It is the duty of the Division of Criminal Investigation, the highway patrol, the sheriff or deputies of every county of the state, and of the chief of police or commissioner of police of every municipality, of this state to make an immediate report to the attorney general of all motor vehicles reported to them as stolen or recovered. It is the duty of such officer to hold any such vehicle until the records of such vehicle can be checked.
Source:
SDC 1939, §44.0210; SL 1965, ch 186, §8; SL 1983, ch 230, §1; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 04 - Theft And Misappropriation Of Vehicles › Section 32-4-3 - Check of attorney general's files and examination of application before issuing certificate of title.

32-4-3. Check of attorney general's files and examination of application before issuing certificate of title.
Before issuing a certificate of title, as provided in chapter 32-3, the secretary of revenue shall check the motor and serial number on the motor vehicle, trailer, or semitrailer to be registered against the attorney general's files. The Department of Revenue shall examine and determine the genuineness, regularity, and legality of every application for registration of a vehicle or for a certificate of title therefore and may in all cases make investigation considered necessary or require additional information. The department shall reject any such application if it is not satisfied with the regularity, legality, the truthfulness of any statement, or for any other reason if authorized by law.
Source:
SDC 1939, §44.0210; SL 1965, ch 186, §8; SL 1983, ch 230, §3; SL 2004, ch 17, §46; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 04 - Theft And Misappropriation Of Vehicles › Section 32-4-4 - Unauthorized tampering with motor vehicle--Misdemeanor.

32-4-4. Unauthorized tampering with motor vehicle--Misdemeanor.
Any person who tampers with the motor vehicle of another, with intent to injure the same or cause inconvenience to the owner or person lawfully in charge of the vehicle under such circumstances as not to constitute theft, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §44.9902; SL 1968, ch 176; SL 1981, ch 177, §10; SL 1983, ch 230, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 04 - Theft And Misappropriation Of Vehicles › Section 32-4-5 - Receiving or transferring possession of vehicle known to have been stolen--Felony--Provision supplementary to other penalties.

32-4-5. Receiving or transferring possession of vehicle known to have been stolen--Felony--Provision supplementary to other penalties.
Any person who, with intent to procure or pass title to a motor vehicle which he knows, or has reason to believe, has been stolen, shall receive or transfer possession of the same from or to another, or who shall have in his possession any motor vehicle which he knows, or has reason to believe, has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a Class 5 felony. This provision shall not be exclusive of any other penalties prescribed by any existing or future laws for theft or unauthorized taking of motor vehicles, but shall be deemed supplementary thereto.
Source:
SDC 1939, §44.9911; SL 1981, ch 177, §11.