SDLRC - 2020 House Bill 1208 - SD Legislature revise provisions regarding the titling of motor vehicles.
An Act to revise provisions regarding the titling of
by the Legislature of the State of South Dakota:
That § 32-3-32 be AMENDED:
Dealer's acceptance of out‑of‑state certificates.
Notwithstanding §§ 32-3-30
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
That § 32-5-27 be AMENDED:
Used out-of-state motor vehicles--Sale or resale--Title, taxes,
and license--Exemptions--Violation as misdemeanor.
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.
indicate deleted language.