An Act to repeal existing aircraft registration fees and establish a new schedule of aircraft registration fees.

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

Section 1. That a NEW SECTION be added to chapter 50-11:

To register an aircraft, the registrant must pay the annual fee established by this section in accordance with the following aircraft types:

(1) For Type 0, which is a glider, ultralight, gyrocopter, balloon, antique aircraft, or aircraft over forty years old, the fee is fifty dollars;

(2) For Type 1, which is a single-engine aircraft powered by an electric motor or having a piston engine design and two hundred horsepower or less, and utilizing fixed landing gear, the fee is eighty dollars;

(3) For Type 2, which is a single-engine aircraft, with a piston engine design and more than two hundred horsepower, and utilizing fixed landing gear, the fee is one hundred ten dollars;

(4) For Type 3, which is a single-engine aircraft, with a piston engine design and two hundred horsepower or less, and utilizing retractable landing gear, the fee is one hundred forty dollars;

(5) For Type 4, which is a single-engine aircraft, with a piston engine design and more than two hundred horsepower, and utilizing retractable landing gear, the fee is one hundred seventy dollars;

(6) For Type 5, which is a multiple-engine piston aircraft, the fee is four hundred dollars;

(7) For Type 6, which is a helicopter powered by a single piston engine or multiple piston engines, the fee is five hundred dollars;

(8) For Type 7, which is a single-engine propeller jet with a fixed wing, or a helicopter with a turboshaft engine, the fee is six hundred dollars;

(9) For Type 8, which is a multiple-engine propeller jet with a fixed wing, or a helicopter with a turboshaft engine, the fee is eight hundred dollars; and

(10) For Type 9, which is any single-engine or multiple-engine aircraft with a jet engine, a turbofan engine, or a turbojet engine, the fee is twelve hundred dollars.

The fees in this section are subject to the provisions of §§ 50-11-15 and 50-11-16.

Failure to pay the required registration fee is a Class 2 misdemeanor.

Section 2. That § 50-11-15 be AMENDED:

50-11-15. The fee for registering any theretofore unregistered aircraft purchased on or after July first of any year shall be is one‑half the amount prescribed by § 50-11-12 section 1 of this Act and, as to such aircraft purchased on or after October first of any year, one‑fourth of such the prescribed amount.

Section 3. That § 50-11-35 be AMENDED:

50-11-35. For aircraft leased for thirty-six calendar months or less, the original registration tax of four percent, as required under § 50-11-19, applies only to the scheduled lease payments, excluding fuel, routine maintenance, insurance, and crew, and shall must be paid by the lessee at the time payments are made to the lessor. For aircraft leased for more than thirty-six calendar months, by multiple short-term agreements or a long-term agreement, the original registration tax under § 50-11-19 shall must be assessed on the market value of the aircraft at the time registration is due, as stated in the aircraft bluebook and price digest. The owner of the aircraft must pay the original registration tax. shall be paid by the owner of the aircraft. A

The lessee must provide a copy of the lease agreement shall be provided to the department with the application for registration. If the lessee purchases the aircraft during the lease, any amount paid to the department must credit any amount paid for registration taxes under this chapter shall be credited to taxes required under § 50-11-19. The annual registration fee required under §§ 50-11-12 and 50-11-14 section 1 of this Act applies for each aircraft under lease.

Section 4. That § 50-12-7 be AMENDED:

50-12-7. Upon the sale of any aircraft bearing an aircraft dealer's certificate, the dealer shall comply with §§ 50-11-22 and 50-11-23. If possession of an aircraft is transferred to a new owner, the dealer shall must deliver the aircraft dealer's certificate and sales affidavit to the department. The department shall hold the certificate until an application is received from the dealer for transfer to another aircraft.

Any person who makes a false statement of a material fact on a sales affidavit under this section is guilty of a Class 1 misdemeanor.

Failure to report aircraft purchases and sales, as required under this chapter, is punishable by a civil penalty equal to the annual registration fee, as provided in § 50-11-12 section 1 of this Act. A civil penalty imposed The department may impose the civil penalty allowed under this section shall be deposited and shall forward any penalty collected to the state treasurer, for deposit into the aeronautics fund.

Section 5. That § 50-12-9 be AMENDED:

50-12-9. Any aircraft subject to registration under an aircraft dealer's certificate, for a period exceeding twenty-four months shall, must be registered in accordance with §§ 50-11-12 section 1 of this Act and § 50-11-19.

Section 6. That § 50-11-12 be REPEALED.

There shall be paid to the secretary of transportation at the time of the registration of an aircraft an annual registration fee for each such aircraft based upon its maximum permissible take‑off weight to be computed as follows:

Weight in Pounds	Rate
0 B 1,500	$ 25
1,501 B 2,000	40
2,001 B 3,000	55
3,001 B 4,000	70
4,001 B 5,000	85
5,001 B 6,000	100
6,001 B 10,000	125
10,001 B 12,499	150
12,500 B 15,000	200
15,001 and over	300

The fees in this section are subject to the provisions of §§ 50-11-14 to 50-11-17, inclusive. Failure to pay the fees is a Class 2 misdemeanor.

Section 7. That § 50-11-14 be REPEALED.

If any aircraft, according to the manufacturer's records as to date of manufacture, was ten years old or more on January first of the year for which registration and fee is required, the fee required by § 50-11-12 shall be one‑half of the fee ordinarily prescribed.

Section 8. That § 50-11-17 be REPEALED.

No aircraft may be registered for an annual registration, or any part thereof, for a fee of less than ten dollars.