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CHAPTER 32-3

TITLE REGISTRATION, LIENS AND TRANSFERS

32-3-1    Definition of terms.

32-3-2    Applicability.

32-3-2.1    32-3-2.1. Repealed by SL 1989, ch 257, § 3.

32-3-2.2    32-3-2.2. Repealed by SL 1982, ch 225, § 1.

32-3-2.3    Mopeds exempt.

32-3-2.4    Farm vehicles exempt--Exceptions.

32-3-3    Selling new vehicle without delivering manufacturer's statement or certificate of origin--Purchasing new vehicle without obtaining certificate--Violation as misdemeanor.

32-3-3.1    Initial registration and titling of mobile and manufactured homes--Time for registration--Penalty--Violation as misdemeanor.

32-3-3.2    Surrender of title on mobile or manufactured home--Request and application--Record--Liens.

32-3-3.3    Titling of mobile or manufactured home whose title was surrendered--Affidavit--Report.

32-3-4    Eligibility for license--Mobile and manufactured homes exempt.

32-3-5    Sale without delivering certificate of title--Purchase without obtaining certificate of title--Temporary use--Time limit--Violation as misdemeanor.

32-3-5.1    32-3-5.1. Repealed by SL 1989, ch 257, § 9.

32-3-6    Ownership passing by operation of law--Burden of proof.

32-3-7    Sale of secondhand vehicle--Time for delivery of certificate of title--Exception--Violation as misdemeanor.

32-3-7.1    Extension of time to deliver certificate of title to secondhand vehicle--Temporary license permit.

32-3-8    32-3-8. Repealed by SL 1988, ch 236, § 4.

32-3-9    32-3-9. Superseded.

32-3-10    Statement or certificate of origin as passing title--Waiver and estoppel inapplicable.

32-3-11    Certificate as evidence of ownership--Possession before delivery of certificate--Risk of loss--Insurable interest.

32-3-12    Operation or possession of vehicle without certificate as misdemeanor.

32-3-13    Sale or transfer without certificate as misdemeanor.

32-3-14    False statement in application--Felony.

32-3-15    Alteration or forgery of certificate--Knowing use of altered or forged certificate--Felony.

32-3-16    Uniform method of numbering certificates--Retention of documents by department.

32-3-17    Validity of certificates previously issued--Issuance of new certificate.

32-3-18    Application for certificate--Contents--Fee--Assignment of previous certificate.

32-3-18.1    Administration fee--Title applications processed by mail.

32-3-19    False swearing in connection with certificates--Perjury--Punishment.

32-3-20    Change of identification number on vehicle--New certificate--Contents of new certificate--Delivery to owner.

32-3-21    Unnumbered vehicles not subject to titling--Titling by number other than vehicle identification number.

32-3-22    Assignment and attachment of vehicle identification number--Registration under assigned number--Violation as felony--Fees.

32-3-22.1    Fee for assignment of vehicle identification number.

32-3-23    Application for original certificate--Contents--Supporting documents.

32-3-24    Burden of proving ownership--Issuance of certificate.

32-3-25    Application for title and registration by dealer on behalf of customer--Location of filing.

32-3-26    Time for filing application for certificate--Vehicles in dealer's stock.

32-3-26.1    32-3-26.1. Repealed by SL 2005, ch 155, § 1.

32-3-27    Late application for certificate--Additional fee--Application delay as misdemeanor.

32-3-28    Issuance of certificate in paper or electronic form--Notation of liens.

32-3-29    Lost certificates--Fee for duplicate.

32-3-30    Certificate to show chain of title--Exceptions.

32-3-30.1    Odometer information to be included on certificate--Information required on sale--Falsification as felony.

32-3-30.2    Certified abstract of title history or damage disclosure statements--Fee.

32-3-31    Dealer prohibited from taking certificate which does not show name of vendor and vendee--Violation as misdemeanor.

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

32-3-33    Change of county of use of vehicle--Issuance of duplicate for filing by treasurer--Validity of liens.

32-3-34    Assistance by county treasurer.

32-3-35    Manufacturer's statement or certificate of origin pending issuance of certificate of title--Priority of liens.

32-3-36    All lien spaces filled--Issuance of new certificate.

32-3-37    Sale of encumbered vehicle with knowledge of lien holder--Effect against subsequent purchasers.

32-3-38    Holder of security interest entitled to have notation of lien made by treasurer--Notification to department--Notation on instrument and certificate of title.

32-3-38.1    Bank, savings and loan association, credit union, or dealer access to motor vehicle title and lien information on state's computer system.

32-3-38.2    Certain fleet leasing contracts do not create sale or security interest--Not applicable to personal leases.

32-3-38.3    (Section effective January 1, 2008) Dealer required to utilize electronic title file system.

32-3-39    Deposit of security interest instrument not required.

32-3-40    Security interests created prior to enactment of statute.

32-3-41    Liens noted on certificate valid against creditors of debtor, subsequent purchasers, and other claimants--Perfection of liens noted on-line .

32-3-42    Vehicles held in stock--Security interests acquired previous to enactment of statute.

32-3-43    Notation of lien on certificate of title--Liability of holder of certificate of title for refusal to deliver.

32-3-44    Release on discharge of lien--Liability for failure to release--Delivery of certificate after entry of discharge.

32-3-45    Fees for notation.

32-3-46    Enforcement of liens--Filing for record not necessary--Notice of sale.

32-3-47    Consent of lien holder required for disposal or removal of encumbered vehicle--Violation as felony.

32-3-48    Power to revoke or refuse to issue certificate or registration--Notification to applicant.

32-3-49    Cancellation of certificate--Notification to county treasurer--Notification to certificate holder and lien holder--Surrender of certificate.

32-3-50    Cancellation of receipt of registration upon cancellation of certificate--Return of receipt and license plates--Confiscation.

32-3-51    Dismantled or destroyed vehicle--Return of plates and title to department--Cancellation of registration--Consent of lien holder--Notation on certificate--Destruction of certificates--Retention of record--Removal of identification numbers as felony.

32-3-51.1    32-3-51.1 to 32-3-51.3. Repealed by SL 1988, ch 238, §§ 11 to 13.

32-3-51.4    32-3-51.4. Repealed by SL 1990, ch 231, § 5.

32-3-51.5    Vehicle with out-of-state marked title--Damage disclosure information--Salvage title or junking certificate.

32-3-51.6    Rebuilt title.

32-3-51.7    32-3-51.7 to 32-3-51.10. Repealed by SL 2015, ch 157, §§ 2 to 5.

32-3-51.11    Retention of damage disclosure statement by department--Part of title history.

32-3-51.12    Junking certificate required for vehicle being dismantled--Removal of identification number prohibited--Violation as felony.

32-3-51.13    Rebuilt or salvage vehicle--Application for junking certificate--Inspection.

32-3-51.14    32-3-51.14, 32-3-51.15. Repealed by SL 2015, ch 157, §§ 6, 7.

32-3-51.16    Information required on first and subsequent South Dakota titles for vehicles coming into state.

32-3-51.17    Junking certificate for nonrebuildable vehicle.

32-3-51.18    Vehicle dealers required to display damage disclosure statement--Return of vehicle.

32-3-51.19    Salvage vehicle defined--Application.

32-3-51.20    Insurer or self insurer acquiring ownership of salvage vehicle without salvage vehicle title to surrender certificate of title--Salvage title issued--Rebuilt title.

32-3-51.21    Owner to obtain salvage title if insurer or self insurer declares vehicle total loss but does not acquire ownership--Notice--Sale without title as misdemeanor--Application.

32-3-51.22    Recovered stolen vehicles--Inspection--Title--Salvage vehicle.

32-3-52    Surrender of indicia of ownership by dealers, salvage yards, and others.

32-3-53    Restored or rebuilt vehicle--Submission to department--Inspection--Issuance of rebuilt title.

32-3-53.1    32-3-53.1. Repealed by SL 1988, ch 238, § 15.

32-3-53.2    Inspection of restored or rebuilt vehicles.

32-3-53.3    32-3-53.3. Repealed by SL 1988, ch 238, § 17.

32-3-53.4    Trailer defined.

32-3-54    32-3-54. Repealed by SL 1984, ch 30, § 35.

32-3-55    32-3-55. Transferred.

32-3-56    Special seal--Forms furnished by secretary.

32-3-57    Power of secretary to make rules and require uniformity in administration of statutes--Duty of local officials.

32-3-58    32-3-58. Repealed by SL 1990, ch 390, § 29.

32-3-59    Auction of certain older automobiles sponsored by nonprofit automobile club--When permitted--Violation as misdemeanor.

32-3-60    Auctioneer to have odometer reading and certificate of title--Exception--Violation as misdemeanor.

32-3-61    Auction of vehicle covered by lien--Consent and release of lien holder--Violation as misdemeanor.

32-3-62    List of vehicles sold at auction--Copy of title--Violation as misdemeanor.

32-3-63    Sales of older vehicles at certain auctions exempt from vehicle dealer requirements.

32-3-64    Titling vehicles eleven years old or more with no existing record.

32-3-64.1    Titling vehicles older than 30 years with no existing record--Bond required--Promulgation of rules.

32-3-65    Converted motor home title--Unit requirements--Certain requirements to meet national standards--Title application requirements.

32-3-66    Certain motor home transport uses not deemed private business uses.

32-3-67    Department to provide name and address of record holder of title and lien holders to possessor of vehicle due to unpaid repair bill.

32-3-68    Application for title on motor vehicle unclaimed as result of unpaid repair bill--Notice to owner and insurer or lien holder--Publication.

32-3-69    Vesting of title to motor vehicle in person to whom repair bill is payable--Intent to reclaim--Sale of vehicle.

32-3-69.1    Electronic title system for motor vehicles.

32-3-70    Electronic lien filing system--Paper title--Liability for noting or canceling lien in error.

32-3-71    Low-speed vehicles.

32-3-72    Local law enforcement officers to provide certain information to motor vehicle repossession businesses.

32-3-73    Delivery of manufacturer's statement or certificate of origin upon sale and delivery--Default on sale--Notice--Violation as misdemeanor.

32-3-74    Information to be provided to auction agency taking possession of vehicle at insurer's request.

32-3-75    Title issued to auction agency--Notice of right to reclaim.

32-3-76    Reclamation of vehicle by owner or lienholder--Notice of intent to reclaim--Vesting of title to abandoned vehicle in auction agency--Sale of vehicle--Distribution of proceeds.

32-3-77    Issuance of title to insurer unable to obtain title after payment of total loss.

32-3-78    Electric bicycle exempt from chapter.


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