FOR AN ACT ENTITLED, An Act to  revise certain provisions to provide that motor vehicle license plates remain with the owner of the plates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 32-5-2.3 be repealed.
     32-5-2.3.   Each owner of a noncommercial motor vehicle registered before January 1, 1990, shall, no later than March 31, 1990, renew the registration of the vehicle by payment of the registration fee. To implement this section, the initial licensing and registration period may be for a period varying from six months to eighteen months to comply with § 32-5-2.2. All registration fees shall be prorated on a monthly basis.
     Section  2.  That § 32-5-2.4 be amended to read as follows:
     32-5-2.4.   After the conversion period, all All owners shall continue to renew the registrations of their vehicles during the month assigned to the first initial of their last name. Each registration fee shall be prorated on a monthly basis. All license plates or validation stickers issued on a staggered basis shall expire on the last day of the month assigned for the renewal of registration by § 32-5-2.2. If a person operates a motor vehicle without the current

license plate displaying the proper validation sticker he is guilty of a Class 2 misdemeanor.
     Section  3.  That section 4 of chapter 158 of the 2005 Session Laws be amended to read as follows:
     Section 4. That § 32-5-2.5 be amended to read as follows:
     32-5-2.5.   A person who acquires a motor vehicle required to be annually registered shall, at the time of application and no later than thirty days after the date of purchase apply for a certificate of title or transfer of title, renew the vehicle's registration by purchasing license plates or validation decals which would be valid register the vehicle until the appropriate month assigned to the person for renewal by § 32-5-2.2. The person who acquires a vehicle that is registered in this state shall be given credit for all full months remaining on the vehicle's unexpired registration. This section does not apply if the vehicles are exempted from the excise tax by § 32-5B-2.
     Section  4.  That section 1 of chapter 158 of the 2005 Session Laws be amended to read as follows:
     Section 1. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

     If the ownership of a vehicle registered pursuant to the provisions of this chapter is transferred or assigned, the registration of the vehicle expires and the transferor shall remove the number plates from the vehicle and shall receive credit for the unexpired months at the time the plates are attached to another vehicle. No refund may be issued if the plate is detached and not reattached . If the transferor fails to remove the number plates pursuant to this section, the transferor loses any credit and the plates are no longer valid. A violation of this section is guilty of a Class 2 misdemeanor.
     Section  5.  That section 2 of chapter 158 of the 2005 Session Laws be repealed.

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     Section 2. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

     Any violation of this section is a Class 2 misdemeanor.
     Section  6.  That section 3 of chapter 158 of the 2005 Session Laws be amended to read as follows:
     Section 3. If a person purchases a motor vehicle that the number plates have been removed pursuant to section 1 of this Act, the person may operate the motor vehicle for five days from the date of purchase without number plates if a dated notarized bill of sale is carried in the motor vehicle. If a vehicle is sold or transferred, the seller shall provide the purchaser with a seller's permit that shall allow for the movement of the vehicle until registered but no later than thirty days from the date of purchase. Failure to comply with this section is a Class 2 misdemeanor.
     Section  7.  That § 32-5-3 be amended to read as follows:
     32-5-3.   The application required by § 32-5-2 shall also state the name of the each owner along with the owner's South Dakota driver license number or social security number, or, if a business, the federal employer identification number, of the motor vehicle, his the owner's residence post office address and or his the owner's business address, including county, and if in a first or second class municipality, his the street number , and in case of a truck, truck tractor,

road tractor, trailer, semitrailer, or recreational vehicle whether or not used exclusively within the corporate limits of any municipality, and such other information as may be required by the department .
     Section  8.  That § 32-5-5 be amended to read as follows:
     32-5-5.   Vehicle license fees provided by this chapter are based, except as otherwise specifically provided, upon manufacturers' weights, including accessories. If a noncommercial motor vehicle is an automobile, pickup truck, or van with a manufacturer's shipping weight, including accessories, of ten thousand pounds or less, the license fees for such a motor vehicle shall be as provided by § 32-5-6. However, if the noncommercial motor vehicle is a pickup truck that weighs more than six thousand pounds, the owner has the choice of paying the license fees pursuant to § 32-5-6 or paying the license fees based on the gross weight of the motor vehicle as provided in § 32-5-6.3. The license fees for a noncommercial motor home are as provided by § 32-5-6.1. The license fees for a motorcycle are as provided by § 32-5-9. The license fees for a snowmobile are as provided by § 32-5-9.1. The license fees for any other noncommercial motor vehicle are based on the gross weight of the motor vehicle and are as provided in § 32-5-6.3. If the department determines the actual dry weight of any model vehicle with accessories to be at variance with the manufacturers' shipping weight, the department shall certify the correct weight to be used in determining fees. These fees shall be assessed and paid annually to the county treasurer . Upon initial registration of a vehicle, the fees shall be assessed based upon the date of sale.
     Section  9.  That § 32-5-6.3 be amended to read as follows:
     32-5-6.3.   License fees on a noncommercial motor vehicle which is not an automobile, pickup truck, or van licensed pursuant to § 32-5-6 shall be determined by the gross weight of the motor vehicle as defined by subdivision 32-9-1(6), and based on the following:

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             (1)      Eight thousand pounds or less, inclusive, fifty-five dollars;

             (2)      For each additional 2,000 pounds or major fraction thereof from 8,001 to 32,000 pounds, inclusive, three dollars;

             (3)      For each additional 2,000 pounds or major fraction thereof from 32,001 to 54,000 pounds, inclusive, six dollars;

             (4)      For each additional 2,000 pounds or major fraction thereof from 54,001 to 80,000 pounds, inclusive, eighteen dollars;

             (5)      For each additional 2,000 pounds or major fraction thereof in excess of 80,000 pounds, twenty-four dollars.

     It is a Class 2 misdemeanor for a person to operate a motor vehicle licensed pursuant to this section at a gross weight in excess of the gross weight for which it has been licensed. If the owner chooses to lower the registered weight, the plate shall be returned along with any validation decal and a new plate issued with the correct registered weight.
     Section  10.  That § 32-5-23 be amended to read as follows:
     32-5-23.   If a registered and licensed motor vehicle is destroyed by collision or fire, disposed of for salvage, or if rejected or condemned for use on the highways as the result of action by any inspection authority of this state, the registered owner of the current license plates thereon may remove the license plates and forward them to the department to be destroyed. The owner shall receive a refund of the regular license fee only for the fractional year involved, prorated monthly. The refund shall be paid by the county treasurer of the county issuing the license on order of the secretary. The refund can only be issued to the person who originally paid the license fees for the current year attach the plates to a newly acquired vehicle. Credit for the remaining months on the registration shall be given. If the plates were destroyed, the owner shall apply for a replacement set of plates for a fee of ten dollars .

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     Section  11.  That § 32-5-79 be repealed.
     32-5-79.   The department shall furnish all application blanks and receipt blanks necessary for the registration of motor vehicles and on or before the thirty-first day of December of each year shall furnish to each county treasurer, such quantity of number plates or decals as may be deemed necessary for the subsequent calendar year.
     Section  12.  That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

     At the time of sale of a vehicle, the seller shall file a report of sale with the department indicating the purchaser's name and address. Failure to file such a report is a Class 2 misdemeanor.
     Section  13.  That § 32-9-3.3 be amended to read as follows:
     32-9-3.3.   The owner of any vehicle or equipment as defined by subdivision 32-9-3(7) shall, prior to the calendar year in which it is to be operated, file an application for a license with the department. The application shall be on a form prescribed and furnished by the department and shall provide the department with the information necessary to implement this section. The fee shall be twenty-five dollars and shall be apportioned on a monthly basis .
     Section  14.  That § 32-11-4.1 be amended to read as follows:
     32-11-4.1.   All funds collected for motor vehicle licenses in each county shall be distributed in the following manner:

             (1)      Fifty-four percent of all funds collected shall be transmitted to the secretary of revenue and credited to the local government highway and bridge fund;

             (1A)      Twenty-two and one-half percent shall be credited to the county road and bridge fund of the county in which they were collected;

             (2)      Fourteen percent shall be retained by the county and placed in a fund to be known as

the special highway fund, which shall be used for the construction, reconstruction, and maintenance of roads and bridges in the county as provided by this section and §§ 32-11-5 to 32-11-9, inclusive. If the county in which funds are collected for motor vehicle licenses has completed the construction of the county highway system, the entire amount in the special highway fund shall be used for township roads, and the board of county commissioners may direct the county auditor to pay the collected amount directly to the townships pursuant to §§ 32-11-6 and 32-11-7;

             (3)      Five percent shall be forwarded to the municipalities within the counties in the following proportions: each municipality within each county shall receive funds in the proportion which the total street mileage of each municipality bears to the total street mileage of all the municipalities within the county. The apportionment shall be made quarterly by the county commissioners at the first meeting in January, April, July, and October. In any county having no municipalities, the five percent collection shall be placed in the county road and bridge fund of the county;

             (4)      Two One and three-fourths percent shall be credited to the state motor vehicle fund; and

             (5)      One-fourth of one percent shall be credited to the county treasurer fund in the county in which the fees were collected to cover expenses for supplies such as toner, paper, etc.;

             (6)     Two and one-half percent shall be credited to the state license plate special revenue fund.
     Section  15.  That § 32-3-18 be amended to read as follows:
     32-3-18.   Application for a certificate of title shall be made to the secretary, upon a form prescribed by the secretary , containing . The application shall contain a listing of all owners

along with either a South Dakota driver license number or social security number, or, if a business, the federal employer identification number; the address of the applicant; a full description of the vehicle with vehicle identification numbers, if any , ; a statement of applicant's title and all liens and encumbrances thereon , ; the county in which the vehicle is to be kept , ; and the names and addresses of the holders of all liens, title reservations, and encumbrances thereon , and any other information as the secretary shall require . The application shall be accompanied by a fee of five dollars. If a certificate of title has previously been issued for the motor vehicle, trailer, or semitrailer in this state, it shall be accompanied by the certificate of title duly assigned, unless provided for in this chapter.
     Section  16.  That § 32-5-97.2 be repealed.
     32-5-97.2.   Electric or gas utilities as defined in chapter 49-34A or any common carrier offering telecommunications service to the public as defined in chapter 49-31 who own straight trucks with two or three axles, used wholly and exclusively to carry their own equipment or property used for the construction or maintenance of their operating utility property, may apply to the county treasurer for a decal with the word "utility" inscribed thereon. The decal shall be placed on the license plate of the vehicle for which the application is made. The department shall prescribe the form and size of the decal and the manner of application. The department shall supply the decals to the county treasurer.
     Section  17.  That § 32-5-55 be amended to read as follows:
     32-5-55.   Any owner of a motor vehicle, who is a resident of this state, who is a regularly enlisted or commissioned member of the South Dakota National Guard, other than an inactive member thereof, and who has complied with all of the laws of this state in relation to the registration of a motor vehicle, may receive plates bearing a distinctive special number and design, and designating the person as a member or retired member of the South Dakota National

Guard. The number plates shall be designed by the adjutant general and subject to the approval of the department. The distinctive plates shall be in addition to the regular number plates issued for the motor vehicle pursuant to § 32-5-98. The distinctive special plates shall be displayed as set forth in § 32-5-98 and the regular number plates shall be kept on or in the motor vehicle .
     Section  18.  That § 32-5-56 be amended to read as follows:
     32-5-56.   Each person receiving national guard distinctive special number plates shall pay a ten dollar fee thereforwhich shall be fixed by the department so as to reimburse the State of South Dakota for the cost of producing the special number plates. All fees collected under this section shall be placed in the license plate special revenue fund, as provided under § 32-5-67.
     Section  19.  That § 32-5-59 be amended to read as follows:
     32-5-59.   Each member of the South Dakota National Guard shall apply to the county treasurer of the county of his residence for the issuance of regular special number plates for the motor vehicles owned by him the member . The guard member, in order to receive the distinctive special plates, shall have paid the appropriate license fee for the regular number plates and submitted the registration slip for the regular number plates to the adjutant general registration of the vehicle .
     Section  20.  That § 32-5-62 be amended to read as follows:
     32-5-62.   If any member of the South Dakota National Guard is discharged, separated, or furloughed therefrom to a reserve or inactive status, the adjutant general shall, before relieving the member, require him the member to surrender the distinctive special number plates identifying him or her as a member of the South Dakota National Guard. The distinctive special plates shall be surrendered to the adjutant general who shall notify the secretary who shall make the necessary changes in his the registration file. The vehicle owner shall retain the obtain regular number plates issued under § 32-5-55.

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     Section  21.  That § 32-5-63 be amended to read as follows:
     32-5-63.   If at any time a motor vehicle subject to the distinctive special number plates issued for the national guard shall be sold, conveyed, or otherwise transferred by the member or retired member of the South Dakota National Guard to whom such distinctive special number plates have been issued, he the member shall notify the adjutant general county treasurer of the county of residence . The adjutant general county shall process a new registration indicating the motor vehicle to which the distinctive special plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the file. The department shall notify the applicant of any corrections which need to be made.

     The regular number plates shall remain with the motor vehicle to which they were issued. If the motor vehicle to which the distinctive plates are being transferred does not have valid regular number license plates, the guard member shall obtain regular number license plates.
     Section  22.  That § 32-5-65 be amended to read as follows:
     32-5-65.   Any commercial radio station or broadcasting company that holds an unrevoked and unexpired official license issued by the federal communications commission or employees of such the station or company when requested and approved by the station or the company, and who are residents of this state and have complied with all the laws of this state in obtaining regular number plates for such motor vehicle regards to the registration of a motor vehicle, may apply for a set of distinctive special plates bearing an inscription thereon of the call letters authorized for the station or company radio license by making application therefor as provided in § 32-5-66. The distinctive special plates are in addition to lieu of the regular number plates issued for the motor vehicle. The distinctive special plates shall be displayed as set forth in § 32- 5-98 and the regular number plates shall be kept on or in the motor vehicle . A ten dollar fee shall be charged for the distinctive special plates and for the renewal stickers. If the federal

communication commission's license is revoked, the owner shall surrender the distinctive special license plates to the department. If the employee is no longer employed by the station or the broadcasting company, the employee shall surrender the distinctive special license plates to the department. The secretary shall make the necessary changes in his the registration file. The owner shall retain the obtain regular number plates. Failure to surrender the distinctive special license plates as required by this section is a Class 2 misdemeanor.
     Section  23.  That § 32-5-65.1 be amended to read as follows:
     32-5-65.1.   Any owner of a motor vehicle who holds an unrevoked and unexpired official amateur radio license, is a resident of this state and has complied with all the laws of this state in obtaining regular number plates for such motor vehicle regards to the registration of a motor vehicle, may apply for a set of distinctive special plates bearing an inscription thereon of the call letters authorized for his amateur radio license by making application therefor as provided in § 32-5-66. The distinctive special plates are in addition to lieu of the regular number plates issued for the motor vehicle. The distinctive special plates shall be displayed as set forth in § 32- 5-98 and the regular number plates shall be kept on or in the motor vehicle . A ten dollar fee shall be charged for the distinctive special plates and for renewal stickers. If the amateur radio license is revoked, the owner shall surrender the distinctive special license plates to the department. The secretary shall make the necessary changes in his the registration file. The owner shall retain the obtain regular number plates. Failure to surrender the distinctive special license plates as required by this section is a Class 2 misdemeanor.
     Section  24.  That § 32-5-66 be repealed.
     32-5-66.   Application for the special plates authorized by §§ 32-5-65 and 32-5-65.1 shall be made in writing to the secretary, and if the applicant has met all of the requirements of law and the rules promulgated by the secretary, special plates bearing an inscription of the applicant's

radio call letters shall be furnished to the applicant.
     Section  25.  That § 32-5-67 be amended to read as follows:
     32-5-67.   All fees received pursuant to § 32-5-66 § §  32-5-65 and 32-5-65.1 shall be credited to a fund to be known as the license plate special revenue fund. The special revenue fund shall be expended for the purchase of special plates required pursuant to this chapter and the expenses of the office incident to the issuance thereof. Disbursements from this fund shall be made by warrants drawn by the state auditor on vouchers duly approved by the secretary.
     Section  26.  That § 32-5-76 be amended to read as follows:
     32-5-76.   An owner of a motor vehicle, who is a resident of this state, who has complied with all the laws of this state in obtaining regular number license plates for the motor vehicle regards to the registration of a motor vehicle , and who operates or directs the operation of the vehicle, may submit to the county treasurer an application containing a physician's certificate on a form approved by the secretary, stating that the applicant is a person with a substantial physical disability that makes it impossible or causes substantial hardship to walk. The secretary shall promulgate a rule, pursuant to chapter 1-26, defining a person with a physical disability. The county treasurer shall procure, issue, and deliver to the applicant plates with letters, numbers, or symbols, or any combination thereof, as the secretary may prescribe. The plates shall be designed to readily apprise law enforcement officers of the fact that the motor vehicle is owned, operated, or used in transporting a person with a substantial disability. No charge may be made for the issuance of the distinctive special plates. The distinctive special plates shall be in addition to lieu of the regular number plates issued for the motor vehicle. The distinctive special plates shall be displayed as set forth in § 32-5-98 and the regular number plates shall be kept on or in the motor vehicle . If the applicant is no longer a person with a physical disability or is deceased, the distinctive special plates shall be surrendered within thirty days to the county

treasurer of the applicant's residence, and the treasurer shall notify the secretary who shall make the necessary changes in the registration file. The owner shall obtain regular number plates shall remain with the motor vehicle to which the plates were issued . Failure to surrender the distinctive special license plates as required by this section is a Class 2 misdemeanor. It is a Class 1 misdemeanor to submit a false or fraudulent application.
     Section  27.  That § 32-5-76.3 be amended to read as follows:
     32-5-76.3.   Any nursing facility licensed pursuant to the provisions of chapter 34-12 and which has complied with all laws of this state in obtaining title, license plates, and registration for its motor vehicles regards to the registration of a motor vehicle, may apply for a set of distinctive special plates as prescribed by § 32-5-76 permitting the operator of a vehicle transporting any person with a disability to park pursuant to § 32-30-11.1. However, the vehicle may only park for the time reasonably necessary to load or unload passengers in any space reserved for persons with disabilities. The application shall be made on a form approved by the secretary. If the department determines that the applicant is licensed as a nursing facility, the secretary shall issue and deliver a set of distinctive special plates to the applicant. The secretary may promulgate rules, pursuant to chapter 1-26, regarding the application for, term of, and conditions under which the distinctive special plates may be issued. If the applicant no longer transports persons with physical disabilities, the applicant shall surrender the distinctive special plates to the department within thirty days. Failure to surrender the distinctive special license plates as required by this section is a Class 2 misdemeanor.
     Section  28.  That § 32-5-89.2 be amended to read as follows:
     32-5-89.2.   Any owner of a motor vehicle, including a motorcycle, who is a resident of this state, and who has complied with all laws of this state in obtaining regular license plates for a motor vehicle, including a motorcycle regards to the registration of a motor vehicle , may have

the license plates replaced by special personalized license plates which shall conform in size and color combinations as may be provided by the secretary. No personalized license plate for a motor vehicle other than a motorcycle may contain more than seven letters nor less than two letters. No personalized license plate for a motorcycle may contain more than six letters nor less than two letters. There may be no duplication of the personalized license plates issued by the secretary. The secretary may refuse to issue any letter combination which carries connotations offensive to good taste and decency.
     Section  29.  That § 32-5-89.3 be amended to read as follows:
     32-5-89.3.   Application for special personalized license plates shall be made on forms prescribed by the secretary. Upon the receipt of a properly completed application form and payment of a fee of twenty-five dollars for any motor vehicle other than a motorcycle, the department shall order the special plates. The fee for a personalized license plate for a motorcycle is twenty dollars. Upon issuance of the personalized license plates, the owner shall display the special plates on the assigned vehicle. The regular plates assigned to the vehicle shall be kept in or on the vehicle.

     Personalized license plates shall be validated with distinctive stickers and are valid only for the registration year for which the stickers are issued. The annual fee for personalized license plate validation stickers for a motor vehicle other than a motorcycle is twenty-five dollars. The annual fee for a personalized license plate validation sticker for a motorcycle is twenty dollars. During the year originally issued, the personalized license metal plate fee includes the cost of that year's validation sticker. Special personalized plates and current year validation stickers are not in lieu of regular plates or the applicable license fees prescribed in this chapter. The fees for personalized plates and validation stickers shall be credited to a fund to be known as the license plate special revenue fund.

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     Section  30.  That § 32-5-89.6 be repealed.
     32-5-89.6.   Any applicant issued a personalized vehicle license plate that was issued after January 1, 1996, and before July 1, 1996, may receive a refund of license fees in the amount of fifty dollars. Any applicant issued a personalized motorcycle license plate that was issued after January 1, 1996, and before July 1, 1996, may receive a refund of license fees in the amount of thirty dollars.
     Section  31.  That § 32-5-108 be amended to read as follows:
     32-5-108.   Any resident veteran owner of a motor vehicle who has received the United States Veterans' Administration K Award, meets the qualifications established by Public Law 187 of the Eighty-second Congress for a veteran to receive an automobile, or a veteran who has been rated as in receipt of a statutory benefit for loss or loss of use of one or more extremities, or a veteran who receives a veteran's allotment for total disability under compensation which is considered a service-connected injury, upon application to the department shall receive a set of distinct special license plates in addition to a set of regular number license plates . The distinctive special plates shall be displayed as set forth in § 32-5-98 and the number plates shall be kept on or in the motor vehicle . The design of the license plate shall consist of a white background bordered on the left by a blue field with white stars and on the right by alternating red and white stripes. The words "Disabled Veteran" shall be inscribed on the plate in blue, in at least ten point bold type. The license plate shall be reflectorized and validated each year with a sticker in the same manner as a noncommercial license plate. License fees for the distinctive special plates and the regular number plates shall be ten dollars for both and ten dollars for the plates and the renewal stickers. No license fee or sticker fee pursuant to § 32-5-6 may be charged to the veteran. The fees shall be deposited in the license plate special revenue fund.

     In order to qualify for a special license plate pursuant to this section, a veteran shall, in

addition to meeting the qualifications established in the first paragraph, have incurred his disabling injuries while serving the United States in active duty during a time of war or while participating in a military mission involving armed conflict. If it is determined that the veteran owner does not qualify for the distinctive special plates or if the veteran owner dies, the plates shall be surrendered to the county treasurer of applicant's residence. The treasurer shall notify the secretary who shall make the necessary changes in the registration file. The regular number plates shall remain with the motor vehicle to which they were issued. Failure to surrender the distinctive special license plates as required by this section is a Class 2 misdemeanor.
     Section  32.  That § 32-5-109 be amended to read as follows:
     32-5-109.   Any resident of this state who was a prisoner of war while serving in the United States armed forces and who received an honorable discharge from the United States armed forces is eligible to apply to the secretary for special motor vehicle license plates if he the resident has first complied with all laws of this state in obtaining standard motor vehicle license plates . Each application shall be on a form prescribed by the secretary and shall include certification of the applicant's prisoner of war status from the United States Veterans' Administration. The applicant shall pay a ten dollar fee and shall receive both distinctive special plates and regular number plates . The regular number plates shall be kept on or in the motor vehicle, and the distinctive special plates shall be displayed as set forth in § 32-5-98. A fee of ten dollars shall be paid for the renewal stickers. No registration fee or sticker fee may be charged to the applicant pursuant to § 32-5-6. The fees shall be deposited into the license plate special revenue fund. Upon approval of the application, the secretary shall issue the license plates which shall be numbered consecutively, beginning with the number 1, and the number shall be preceded by the letters POW. If it is determined that an applicant does not qualify for the distinctive special plates or if the applicant dies, the plates shall be surrendered to the county

treasurer of the applicant's residence. The treasurer shall notify the secretary who shall make the necessary changes in the registration file. The regular number plates shall remain with the motor vehicle to which they were issued. Failure to surrender the distinctive special license plates as required by this section is a Class 2 misdemeanor.
     Section  33.  That § 32-5-109.1 be amended to read as follows:
     32-5-109.1.   Any resident of this state who was serving in the United States armed forces and survived the attack at Pearl Harbor, Hawaii, on December 7, 1941, and who received an honorable discharge, may apply to the secretary for special motor vehicle license plates. Each application shall be on a form prescribed by the secretary and shall include such information as the secretary may require. The applicant shall pay a ten dollar fee and shall receive both distinctive special plates and regular number plates . The regular number plates shall be kept on or in the motor vehicle, and the distinctive special plates shall be displayed as set forth in § 32- 5-98. A fee of ten dollars shall be paid for the renewal stickers. No registration fee or sticker fee may be charged to the applicant pursuant to § 32-5-6. The fee shall be deposited into the license plate special revenue fund. Upon approval of the application, the secretary shall issue the license plates. The license plates shall be numbered consecutively beginning with number 1 and contain a symbol to be determined by the secretary indicating that the owner of the vehicle is a Pearl Harbor survivor. If it is determined that an applicant does not qualify for the distinctive special plates or if the applicant dies, the plates shall be surrendered to the county treasurer of the applicant's residence. The treasurer shall notify the secretary who shall make the necessary changes in the registration file. The regular number plates shall remain with the motor vehicle to which they were issued.
     Section  34.  That § 32-5-109.2 be amended to read as follows:
     32-5-109.2.   Any resident veteran owner of a motor vehicle who has received the Purple

Heart Medal may apply to the secretary to receive a maximum of two sets of distinct special license plates. Such distinctive The special license plates and the renewal stickers for the plates shall be issued only upon proof of payment of the current registration fees for regular plates issued by a county treasurer . The distinctive special plates shall be numbered consecutively beginning with number 1 and contain a symbol to be determined by the secretary indicating that the owner has received the Purple Heart Medal. The distinctive special plates shall be displayed as set forth in § 32-5-98 and the number plates shall be kept on or in the motor vehicle . The distinctive special license plate shall be reflectorized and validated each year with a sticker in the same manner as a noncommercial license plate. No license fees may be charged for the distinctive special plates and its renewal stickers. If it is determined that the veteran owner does not qualify for the distinctive special plates or if the veteran owner dies, the plates shall be surrendered to the county treasurer of the applicant's residence. The treasurer shall notify the secretary who shall make the necessary changes in the registration file. The regular number plates shall remain with the motor vehicle to which they were issued. Failure to surrender the distinctive special license plates as required by this section is a Class 2 misdemeanor.
     Section  35.  That § 32-5-109.3 be amended to read as follows:
     32-5-109.3.   Any resident veteran owner of a motor vehicle who has received the Congressional Medal of Honor may apply to the secretary to receive a maximum of two sets of distinctive special license plates. The distinctive special plates shall be numbered and contain a symbol to be determined by the secretary indicating that the owner has received the Congressional Medal of Honor. The symbol shall include a facsimile of the medallion portion of the Congressional Medal of Honor for the branch of the armed forces in which the recipient served at the time the award was earned. The distinctive special plates shall be displayed as set forth in § 32-5-98 and the number plates shall be kept on or in the motor vehicle . The distinctive

special license plate shall be reflectorized and validated each year with a sticker in the same manner as a noncommercial license plate. No license fees may be charged for the distinctive special plates and its renewal stickers, and any annual vehicle registration fees or other fees associated with the plates and renewal stickers are waived. If it is determined that the veteran owner does not qualify for the distinctive special plates, the plates shall be surrendered to the county treasurer of the applicant's residence. The treasurer shall notify the secretary who shall make the necessary changes in the registration file. The regular number plates shall remain with the motor vehicle to which they were issued, except that the distinctive special plates may be retained by the veteran owner's family upon the veteran owner's death, but may not be displayed on the vehicle beyond the expiration of the plates or renewal stickers. Failure to surrender the distinctive special license plates as required by this section is a Class 2 misdemeanor.
     Section  36.  That § 32-5-109.4 be amended to read as follows:
     32-5-109.4.   An owner of a motor vehicle, who is a resident of this state, who has a valid South Dakota driver's license, and who signs an affidavit attesting to the fact that he or she is an honorably discharged veteran having served on active duty in the armed forces of the United States, may apply to the secretary to receive a set of distinctive special motor vehicle license plates designating the person as a veteran. If an owner of a motor vehicle falsely attests that he or she is an honorably discharged veteran having served on active duty in the armed forces of the United States, the owner is guilty of a Class 2 misdemeanor. The plate may allow for additional indication of the conflict, rank, or status of the veteran. The distinctive special plates shall be displayed as set forth in § 32-5-98 , and the number plates shall be kept on or in the motor vehicle . The distinctive special license plate shall be reflectorized and validated each year with a sticker in the same manner as a noncommercial license plate. In addition to the noncommercial license plate fees an additional fee of ten dollars shall be charged for the

distinctive special license plates and any renewal stickers. If it is determined that the veteran owner does not qualify for the distinctive special plates or if the veteran owner dies, the plates shall be surrendered to the county treasurer of the applicant's residence. However, if the veteran owner dies, the distinctive special plates may be retained by the veteran owner's family, but may not be displayed on the vehicle beyond the expiration of the plates or renewal stickers. The treasurer shall notify the secretary who shall make the necessary changes in the registration file. The noncommercial number plates shall remain with the motor vehicle to which they were issued. Failure to surrender the distinctive special license plates as required by this section is a Class 2 misdemeanor.
     Section  37.  That § 32-5-111 be amended to read as follows:
     32-5-111.   The secretary of revenue and regulation may promulgate rules pursuant to chapter 1-26 and issue such instructions as are necessary to ensure and obtain uniformity in the administration of the provisions of this chapter. Such rules may be adopted in the following areas:

             (6)      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.

     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.
     Section  38.  That § 32-5-113 be amended to read as follows:
     32-5-113.   Any owner of a motor vehicle, who is a resident of this state, who is a firefighter and who has complied with all of the laws of this state in relation to the registration of a motor vehicle, may receive plates bearing a distinctive special number and design, and designating such the person as a firefighter. Such The number plates shall be designed by the fire marshal and subject to the approval of the Department of Revenue and Regulation. The distinctive plates shall be in addition to the regular number plates issued for the motor vehicle pursuant to § 32-5- 98. The distinctive special plates shall be displayed as set forth in § 32-5-98 and the regular number plates shall be kept on or in the motor vehicle .
     Section  39.  That § 32-5-114 be amended to read as follows:
     32-5-114.   Each person receiving firefighter distinctive special number plates shall pay a ten dollar fee therefor which shall be fixed by the Department of Revenue and Regulation so as to reimburse the State of South Dakota for the cost of producing such special number plates and decals . All fees collected under this section shall be placed in the license plate special revenue fund, as provided under § 32-5-67.
     Section  40.  That § 32-5-116 be amended to read as follows:
     32-5-116.   Any firefighter desiring distinctive special license plates authorized by § 32-5-113 for use during the next year shall make application to the Department of Revenue and Regulation specifying the number of vehicles to be licensed, his the firefighter's name, and the county of his residence. The department shall notify the manufacturer of the number of special number plates required in sufficient time that such distinctive the plates may be produced and sent to the department.
     Section  41.  That § 32-5-117 be repealed.

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     32-5-117.   Each firefighter requesting such special number plates shall be issued a certificate showing his county of residence and the number of vehicles upon which such special plates are to be used. Such certificate shall bear the signature of the secretary of revenue and regulation , and shall be in such form as the Department of Revenue and Regulation provides.
     Section  42.  That § 32-5-118 be amended to read as follows:
     32-5-118.   Each firefighter shall apply to the county treasurer of the county of his the firefighter's residence for the issuance of regular special number plates for the motor vehicles owned by him the firefighter . The firefighter, in order to receive the distinctive special plates, shall have paid the registration fee for the regular number plates and submitted the registration slip for the regular number plates to the Department of Revenue and Regulation .
     Section  43.  That § 32-5-120 be amended to read as follows:
     32-5-120.   Whenever If any firefighter is discharged, separated, or retires he , the firefighter shall surrender the distinctive special number plates identifying him or her as a firefighter. The distinctive special plates shall be surrendered to the secretary of revenue and regulation who shall make the necessary changes in his the registration file. The firefighter shall retain the obtain regular number plates issued under § 32-5-113 .
     Section  44.  That § 32-5-121 be amended to read as follows:
     32-5-121.   If at any time a motor vehicle subject to the distinctive special number plates issued for the firefighter shall be sold, conveyed, or otherwise transferred by the firefighter to whom such distinctive the special number plates have been issued, he the firefighter shall notify the Department of Revenue and Regulation . The Department of Revenue and Regulation shall process a new registration indicating the motor vehicle to which the distinctive special plates are to be transferred. The secretary shall make the necessary changes in the file. The department shall notify the applicant of any corrections which need to be made.

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     The regular number plates shall remain with the motor vehicle to which they were issued. If the motor vehicle to which the distinctive plates are being transferred does not have valid regular number license plates, the firefighter shall obtain regular number license plates.
     Section  45.  That § 32-5-122 be amended to read as follows:
     32-5-122.   All statutes of this state relating to the registration of motor vehicles, and the titling and licensing of motor vehicles, the fees for registering, titling, and licensing of motor vehicles, and the retention of plates from year to year shall be applicable to firefighters and the distinctive special plates issued in conformity with § 32-5-113.
     Section  46.  That § 32-5-123 be amended to read as follows:
     32-5-123.   Any owner of a motor vehicle who is a resident of this state and who has complied with all of the laws of this state in relation to the registration of a motor vehicle may receive plates bearing a distinctive special design identifying an Indian tribe located within the state. Such The special license plates shall be issued only upon proof of payment of the current registration fees for regular plates issued by a county treasurer of this state . The distinctive special plates shall be in addition to lieu of the regular number plates issued for the motor vehicle pursuant to § 32-5-98. The distinctive plates shall be displayed as set forth in § 32-5-98 and the regular number plates shall be kept on or in the motor vehicle. Annual renewal of these special plates shall be in accordance with the general provisions of this chapter.
     Section  47.  That § 32-5-124 be amended to read as follows:
     32-5-124.   A ten dollar administrative fee shall be charged for the distinctive special plates and deposited into the treasury of the designated tribe to be used for the maintenance, construction, and supervision of tribal highways and bridges.
     Section  48.  That § 32-5-141 be repealed.
     32-5-141.   If, before April 1, 2000, an applicant requests a refund of the fifteen dollar

temporary permit fee, the department shall authorize the refund upon receipt of the request, the temporary permit, and a copy of the registration.
     Section  49.  This Act is effective on July 1, 2008.