2020 House Bill 1208 - Introduced

SDLRC - 2020 House Bill 1208 - SD Legislature revise provisions regarding the titling of motor vehicles.

20.728.10 95th Legislative Session 923

2020 South Dakota Legislature

House Bill 1208

Introduced by: Representative Anderson

An Act to revise provisions regarding the titling of motor vehicles.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 32-3-32 be AMENDED:

32-3-32. Dealer's acceptance of out‑of‑state certificates.

Notwithstanding §§ 32-3-30 and 32-3-31, dealers licensed under chapter 32-6B may accept and transfer out‑of‑state certificates or muniments of title for motor vehicles, trailers, or semitrailers taken as a trade-in on a new motor vehicle, trailer, or semitrailer or on another used motor vehicle, trailer, or semitrailer if they obtain from the transferor a written power of attorney authorizing them to complete such transfer or assignment, and keep a record thereof.

Section 2. That § 32-5-27 be AMENDED:

32-5-27. Used out-of-state motor vehicles--Sale or resale--Title, taxes, and license--Exemptions--Violation as misdemeanor.

Any dealer, person, firm, corporation, or limited liability company which, except a licensed vehicle dealer, that brings into the state or purchases any used or secondhand out-of-state motor vehicles not currently licensed in this state for the purpose of sale or resale, except as a trade-in on a new motor vehicle or another used motor vehicle, a used motor vehicle purchased by a dealer and sold to another dealer, vehicles receiving a junking certificate, motor vehicles with a gross vehicle weight rating of over twenty-six thousand pounds, or a semitrailer with a manufacturer's shipping weight of nine thousand pounds or more, shall, within forty-five days from the date of purchase or entry of the motor vehicle into the limits of this state, or from the date of purchase at a dealer's car auction agency, title the motor vehicle pursuant to chapter 32-3 and pay the excise tax pursuant to chapter 32-5B but is not required to license the vehicle. Any licensed motor vehicle dealer titling a motor vehicle pursuant to this section is exempt from paying the excise tax imposed by § 32-5B-1 on the vehicle. A vehicle titled by a licensed motor vehicle dealer pursuant to this section shall be issued a title indicating that no excise tax has been paid. Upon transfer of the title to a subsequent purchaser of the motor vehicle, the excise tax shall be paid by the purchaser or by any other person as defined by subdivision 2-14-2(18), on behalf of and as the agent for the purchaser. A violation of this section is a Class 2 misdemeanor.

The provisions of this section do not apply to any motor vehicle titled and licensed in another jurisdiction that is sold in this state through a dealer's car auction agency licensed under the provisions of chapter 32-6B.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.

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