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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 Repealed by SL 1989, ch 257, § 3.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 Repealed by SL 1982, ch 225, § 1.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 Repealed by SL 1989, ch 257, § 9.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 Repealed by SL 1988, ch 236, § 4.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 Superseded.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.


32-3-1Definition of terms.

Terms used in chapters 32-3 to 32-5B, inclusive, mean:

(1)    "Commercial motor vehicle," any motor vehicle used or maintained for the transportation of persons or property for hire, compensation, or profit, or designed, used, or maintained primarily for the transportation of property, and not specifically excluded under § 32-9-3;

(2)    "Component part," any part of a motor vehicle, trailer, or semitrailer other than a tire, having a vehicle identification number;

(3)    "Dealer," any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new, or new and used vehicles, or who is engaged wholly or in part in the business of selling new, or new and used vehicles, whether or not such vehicles are owned by that person;

(4)    "Department," Department of Revenue;

(4A)    "Electric bicycle," as that term is defined in § 32-20B-9;

(4B)    "Gross vehicle weight rating," the value specified by the manufacturer as the loaded weight of a single vehicle;

(5)    "Junking certificate," a certificate of ownership, which may not be restored to a title document which allows highway use, issued by the department to the owner of a vehicle which is going to be dismantled and sold for parts;

(5A)    "Low-speed vehicle," a four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour on a paved level surface.

(6)    "Manufactured home," a structure, transportable in one or more sections, which is eight body feet or more in width or forty body feet or more in length in the traveling mode, or is three hundred twenty or more square feet when erected on a site; which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities; and which contains the plumbing, heating, air conditioning, and electrical systems therein. The term includes any structure which meets all the requirements of this subdivision and any other structure which has been certified by the secretary of housing and urban development. The term does not include a recreational park trailer;

(7)    "Manufacturer," any person, firm, corporation, limited liability company, or association engaged in the manufacture of new motor vehicles as a regular business;

(8)    "Mobile home," a movable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:

(a)    Units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity; and

(b)    Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.

The term does not include a recreational park trailer;

(9)    "Moped," a motor driven cycle equipped with two or three wheels. If a combustion engine is used, the maximum piston or rotor displacement shall be fifty cubic centimeters regardless of the number of chambers in such power source. The power source shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. The term does not include an electric bicycle;

(10)    "Motorcycle," includes motorcycles, motorbikes, mopeds, bicycles with motor attached, and all motor operated vehicles of the bicycle or tricycle type, whether the motive power be a part thereof or attached thereto, and having a saddle or seat with the driver sitting astride or upon it, or a platform on which the driver stands, but excluding a tractor. The term does not include an electric bicycle;

(11)    "Motor vehicle," automobiles, motor trucks, motorcycles, house trailers, trailers, and all vehicles propelled by power other than muscular power, except traction engines, road rollers, farm wagons, freight trailers, vehicles that run only on rails or tracks, electric bicycles, and off-road vehicles as defined in § 32-20-1;

(12)    "New motor vehicle," any motor vehicle to which a manufacturer's statement of origin has not been transferred, or is a motor vehicle on which title was issued from the manufacturer's statement of origin or manufacturer's certificate of origin and is still in the name of the first person who took title to the vehicle;

(13)    "Noncommercial motor vehicle," any motor vehicle not classified as a commercial motor vehicle;

(14)    "Noncommercial trailer or semitrailer," any trailer or semitrailer not used or maintained for the transportation of persons or property for hire, compensation, or profit;

(14A)    "Notation," a physical or electronic process of recording a lien on a certificate of title, a manufacturer's statement of origin, or a manufacturer's certificate of origin;

(15)    "Off-road vehicle," any self-propelled, two or more wheeled vehicle designed primarily to be operated on land other than a highway and includes all terrain vehicles, dune buggies, and any vehicle whose manufacturer's statement of origin (MSO) or manufacturer's certificate of origin (MCO) states that the vehicle is not for highway use. The term does not include a farm vehicle or an electric bicycle as defined in this section;

(16)    "Owner," any person, firm, association, or corporation renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days; as between contract vendor and contract vendee, the term, owner, shall refer to the contract vendee, unless the contrary clearly appears from the context of chapters 32-3 to 32-5B, inclusive, or a person having legal possession or title;

(17)    "Rebuilt vehicle," any motor vehicle, trailer, or semitrailer that has been rebuilt by the addition or deletion of assemblies, subassemblies, parts, or component parts so that upon gross visual examination it does not appear to be the vehicle described in the certificate of title last issued for the vehicle, or whose title has been marked as rebuilt by this state or another state or jurisdiction;

(17A)    "Recreational park trailer," a vehicle that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use and which:

(a)    Is built on a single chassis mounted on wheels;

(b)    Has a gross trailer area not exceeding four hundred square feet in the setup mode;

(c)    Is certified by the manufacturer as complying with American National Standards Institute Standard No. A119.5 in effect on January 1, 2008; and

(d)    Has at least a seventeen digit identification number and the manufacturer has designated the vehicle as a recreational park model on the manufacturer statement of origin;

(18)    "Recreational vehicle," a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational, vacation, or seasonal uses, permanently identified as a travel trailer or a recreational park trailer by the manufacturer of the trailer;

(19)    "Road tractor," any motor vehicle designed and used for drawing other vehicles, except farm or logging tractors used exclusively for farming or logging, and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn;

(20)    "Secretary," secretary of revenue;

(21)    "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;

(22)    "State," includes the territories and the federal districts of the United States;

(23)    "Trailer," any vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle;

(24)    "Truck tractor," any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;

(25)    "Used vehicle," any motor vehicle to which title has been issued to someone other than the first person who took title to the motor vehicle from the manufacturer's statement of origin or manufacturer's certificate of origin; and

(26)    "Vehicle identification number," the number assigned by the manufacturer or by the department for the purpose of identifying the vehicle. The term includes any number or letters assigned by the manufacturer for the purpose of identifying a component part and any such number stamped on a vehicle or part according to law or the rules promulgated by the department for the purpose of identifying the vehicle or part.

Source: SDC 1939, § 44.0201; SL 1941, ch 184, § 1; SL 1951, ch 229, § 1; SL 1965, ch 186, § 1; SL 1975, ch 196, § 1; SL 1985, ch 238, § 1; SL 1986, ch 242, § 1; SL 1987, ch 29, § 13; SL 1987, ch 82, § 47; SL 1988, ch 236, § 1; SL 1988, ch 238, § 1; SL 1989, ch 256, § 6; SL 1989, ch 257, § 1; SL 1990, ch 231, § 7; SL 1994, ch 351, § 52; SL 1998, ch 171, § 4; SL 2004, ch 17, § 39; SL 2008, ch 53, § 2; SL 2008, ch 147, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2019, ch 135, § 8.


32-3-2Applicability.

The provisions of chapters 32-3 to 32-6B, inclusive, apply to all motor vehicles, trailers, semitrailers, and motorcycles as defined in § 32-3-1 required to be titled under the laws of this state except as otherwise provided by law.

Source: SDC 1939, § 44.0202 (1) as added by SL 1951, ch 229, § 2; SL 1965, ch 186, § 2; SL 1989, ch 257, § 2.


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.


32-3-2.3Mopeds exempt.

Mopeds as defined in § 32-3-1 shall be exempt from the provisions of this chapter unless an applicant wishes to obtain title to a moped.

Source: SL 1978, ch 230, § 9; SL 1989, ch 257, § 4.


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

Any farm wagon, farm implement drawn by another vehicle, or farm vehicle which is designed and used primarily for tillage, harvesting, or transportation of agricultural products or farm property by or for agricultural producers is exempt from the provisions of this chapter, unless the farm vehicle is a stock trailer, gooseneck trailer, or semitrailer towed by a licensed motor vehicle on any public highway or a passenger vehicle, two- or three-axle truck, or semitractor.

Source: SL 1982, ch 225, § 3; SL 1986, ch 242, § 5.


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

No manufacturer, importer, dealer, or other person may sell or otherwise dispose of a new motor vehicle, trailer, or semitrailer to a dealer without delivering to the dealer a manufacturer's statement of origin or manufacturer's certificate of origin duly executed in accordance with the provisions of this chapter, and with such assignments thereon as may be necessary to show title in the next purchaser's name. No dealer may purchase or acquire a new motor vehicle, trailer, or semitrailer without obtaining from the seller a manufacturer's statement of origin or a manufacturer's certificate of origin. Any person who does not comply with this section is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 44.0202 (2) as added by SL 1951, ch 229, § 2; SL 1965, ch 186, § 2; SL 1989, ch 257, § 5.


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

Any new mobile home, new manufactured home, or mobile home or manufactured home which has not been registered in this state shall, upon its sale, be initially registered and titled pursuant to this chapter, and the initial registration fee provided in § 32-5-16.1 shall be collected. If the mobile home or manufactured home is sold by a dealer, the licensed dealer shall deliver to the county treasurer the manufacturer's statement of origin, the manufacturer's certificate of origin, or the title for the mobile home or manufactured home, together with the required fees and completed forms necessary to accomplish the initial registration within forty-five days of the sale. For mobile homes or manufactured homes not sold by a licensed dealer, the purchaser shall register and title the mobile home or manufactured home within forty-five days. Any dealer or purchaser who does not comply with this section is subject to a late penalty fee of one dollar for each week or fraction of the week beyond the forty-five day limitation for twenty-five weeks and a late fee of fifty dollars for twenty-six weeks or more. Any person applying for title a year or more beyond the forty-five day limitation is guilty of a Class 2 misdemeanor.

Source: SL 1973, ch 196; SL 1988, ch 237, § 1; SL 1989, ch 257, § 6; SL 2016, ch 154, § 4.


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

An owner of a mobile or manufactured home fixed to real property owned by the applicant may request that the title to the home be surrendered if a title has been issued in accordance with § 32-3-3.1 and payment of the initial registration fee has been made in accordance with § 32-5-16.1. A request shall be submitted on forms prescribed by the secretary. If the application and the request to surrender the statement of ownership are submitted simultaneously, the department shall only create an electronic record indicating ownership of the home and may not issue a paper title. The department may not notate any liens on a title if a paper title is not issued.

Source: SL 2005, ch 71, § 15.


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

An owner of a mobile or manufactured home may choose to obtain a title on a mobile or manufactured home whose title was surrendered. Before the mobile or manufactured home is removed from real property, the owner shall submit to the department a current tax affidavit from the county treasurer in which the mobile or manufactured home was located and an affidavit stating that the home is no longer subject to a real property mortgage or any other liens. The owner shall also furnish the department an independent report that lists the legal description of the real estate upon which the mobile or manufactured home is located, any liens or encumbrances against the mobile or manufactured home or the real estate upon which the mobile or manufactured home is located, and the current owner of the mobile or manufactured home. The independent report shall also contain an affidavit stating a lien search was conducted of all records of the register of deeds, clerk of courts, the treasurer in the county where the mobile or manufactured home is located, and the secretary of state and shall describe any liens revealed by that search. If any liens or encumbrances exist against the mobile or manufactured home, the applicant shall obtain a release from each lienholder prior to issuance of a title. The department is not responsible for any mistakes in the issuance of the title resulting from documents provided pursuant to this section.

Source: SL 2005, ch 71, § 16.


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

No motor vehicle, trailer, or semitrailer may be licensed in this state until the requirements of this chapter have been met. The certificate of title and license shall be obtained at the time of registration. If the applicant certifies on the application for title that the motor vehicle, trailer, or semitrailer is not going to be used upon the highways of this state or any other state, the secretary may, upon completion of an application, payment of title fee and surrender of evidence of ownership, issue a certificate of title, no tax paid, to a motor vehicle, trailer, or semitrailer. If a no tax paid title is issued the applicant may not purchase license plates. This section does not apply to a mobile home or a manufactured home.

Source: SDC 1939, § 44.0202 (3) as added by SL 1951, ch 229, § 2; SL 1957, ch 214; SL 1965, ch 184; SL 1965, ch 186, § 2; SL 1988, ch 236, § 2; SL 1989, ch 257, § 7; SL 1993, ch 219, § 1.


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

No person, except as provided in § 32-3-6 shall sell or otherwise dispose of a motor vehicle, trailer, or semitrailer without delivering to the purchaser or transferee a certificate of title showing assignment to the purchaser, and indicating the date of purchase. No person may purchase or otherwise acquire or bring into this state a motor vehicle, trailer, or semitrailer except for temporary use not to exceed a period of ninety days, unless he has obtained a certificate of title for the motor vehicle, trailer, or semitrailer in his name as in accordance with the provisions of this chapter. Failure to comply with this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0202 (3) as added by SL 1951, ch 229, § 2; SL 1957, ch 214; SL 1965, ch 184; SL 1965, ch 186, § 2; SL 1989, ch 257, § 8.


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


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

If the ownership of any motor vehicle, trailer, or semitrailer passes by operation of law, judicial sale, repossession, or proceedings or in any other manner not provided for in this chapter, the owner may, upon furnishing satisfactory proof to the department of such ownership, procure a certificate of title to the motor vehicle, trailer, or semitrailer regardless of whether a certificate of title has ever been issued. The burden of such satisfactory proof shall be on the applicant.

Source: SDC 1939, § 44.0203 (2) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1989, ch 257, § 10.


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

Any person, upon the sale and delivery of any used or secondhand motor vehicle, shall within forty-five days thereof deliver to the purchaser a certificate of title, endorsed according to law, and issued for the vehicle by the department. However, notwithstanding any other provision of law, if the purchaser defaults on the terms of the sale within the forty-five day period, the seller does not have to deliver the certificate of title to the purchaser. The seller shall notify the department in writing of the seller's refusal to deliver title to the purchaser within fourteen days of the purchaser's default on the terms of the sale. A violation of this section is a Class 2 misdemeanor.

Source: SL 1939, ch 180, §§ 2 to 4; SL 1951, ch 232, §§ 1, 2; SDC Supp 1960, §§ 44.0702, 44.0704, 44.9938; SL 1961, ch 239; SDCL § 32-3-9; SL 1988, ch 236, § 3; SL 1989, ch 257, § 11; SL 1990, ch 228, § 1; SL 2001, ch 161, § 1; SL 2015, ch 156, § 1.


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

If a licensed dealer does not deliver title within forty-five days as required by § 32-3-7, and the dealer has satisfied any lien in compliance with chapter 32-6B, 32-6C, 32-7A, or 32-7B and the delay in delivering title was caused because the lien holder failed to release the lien or deliver the title document in accordance with § 32-3-44, the dealer may request additional time to deliver title to the retail purchaser. The dealer's request for an extension shall be made within fifty days of the date of sale. Any request after the fifty days shall be denied and the dealer is in violation of § 32-3-7. The dealer shall provide to the department documentation to support the steps taken to satisfy the lien in a timely manner and request the title. If the department finds the request for additional time is substantiated, the department may authorize the issuance of another temporary license permit not to exceed forty-five days.

Source: SL 2008, ch 148, § 1; SL 2015, ch 156, § 2.


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


32-3-9
     32-3-9.   Superseded.


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

No person, except as provided in this chapter, obtaining or acquiring possession of a motor vehicle, trailer, or semitrailer acquires any right, title, claim, or interest in or to the motor vehicle, trailer, or semitrailer, until he has been issued a certificate of title to the motor vehicle, trailer, or semitrailer or has received a manufacturer's statement of origin or a manufacturer's certificate of origin for the same. No waiver or estoppel may be operated in favor of such person against a person having possession of the certificate of title or a manufacturer's statement of origin or a manufacturer's certificate of origin for such motor vehicle, trailer, or semitrailer.

Source: SDC 1939, § 44.0202 (4) as added by SL 1951, ch 229, § 2; SL 1965, ch 186, § 2; SL 1989, ch 257, § 12.


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

A certificate of title issued under this chapter shall be evidence or indicia of ownership of the motor vehicle, trailer, or semitrailer described on the title. From the time of delivery of possession of a motor vehicle, trailer, or semitrailer to a person acquiring the vehicle or any right of interest therein, the vehicle shall be at the risk of the person acquiring the vehicle. Such person together with any other person holding any lien or interest therein, shall have insurable interest in the motor vehicle, trailer, or semitrailer and may enforce lawful contracts of insurance upon or affecting the motor vehicle, trailer, or semitrailer or its maintenance, operation, or use.

Source: SDC 1939, § 44.0202 (4) as added by SL 1951, ch 229, § 2; SL 1965, ch 186, § 2; SL 1989, ch 257, § 13.


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

An owner, or any person without the consent of the owner, who operates or has possession of a motor vehicle in this state under a registration number of this state, without first securing a certificate of title as provided in this chapter, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 44.9908; SL 1955, ch 184; SL 1978, ch 158, § 21; SL 1989, ch 257, § 14.


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

Any person who sells or transfers a motor vehicle, trailer, or semitrailer without complying with the requirements of this chapter is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 44.9908; SL 1955, ch 184; SL 1986, ch 242, § 29; SL 1989, ch 257, § 15.


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

Any person who knowingly makes any false statement of a material fact, either on the application for the certificate of title provided for in this chapter, or in any assignment thereof, is guilty of a Class 5 felony.

Source: SDC 1939, § 44.9911; SL 1989, ch 257, § 16.


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

Any person who alters or forges, or causes to be altered or forged, any certificate of title issued by the State of South Dakota pursuant to the provisions of this chapter, or any assignment thereof, or any person who shall hold or use any such certificate or assignment knowing the same to have been altered or forged, is guilty of a Class 5 felony.

Source: SDC 1939, § 44.9912; SL 1965, ch 202; SL 1989, ch 257, § 17.


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

The department shall prescribe and adopt a uniform method of numbering certificates of title which is unique and for which the numbers may not be duplicated. The department shall appropriately file and index all records by title number. Applications, certificates of titles, and any other documents filed with the department shall be retained by the department.

Source: SDC 1939, § 44.0202 (9) as added by SL 1951, ch 229, § 2; SL 1963, ch 252; SL 1965, ch 186, § 2; SL 1989, ch 257, § 18; SL 2020, ch 126, § 1.


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

Certificates of title issued by the secretary of state before July 1, 1951, shall be sufficient for the purposes of this chapter and for registration and licensing until the motor vehicle therein described on the certificate shall be transferred or otherwise disposed of or until any lien or encumbrance shall be placed thereon. In any such event a new certificate of title shall be obtained by complying with this chapter.

Source: SDC 1939, § 44.0202; SL 1951, ch 229, § 2; SDC Supp 1960, § 44.0202 (5); SL 1989, ch 257, § 19.


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

Application for a certificate of title shall be made to the county treasurer, upon a form prescribed by the secretary. 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 on the vehicle; 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 on the vehicle. The application shall be accompanied by a fee of ten dollars. Five dollars of the fee shall be deposited in the state motor vehicle fund and five dollars shall be deposited in the county general fund. 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.

Source: SDC 1939, §§ 44.0202, 44.0203; SL 1945, ch 187; SL 1951, ch 229, § 2; SL 1955, ch 161; SDC Supp 1960, § 44.0202 (8); SL 1965, ch 186, § 2; SL 1976, ch 186; SL 1981, ch 231, § 1; SL 1988, ch 238, § 7A; SL 1989, ch 257, § 20; SL 2007, ch 173, § 15, eff. July 1, 2008; SL 2016, ch 47, § 4.


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

If an application made to the county treasurer for a certificate of title pursuant to § 32-3-18 is received and processed entirely by mail, the county treasurer may charge an administration fee for the processing of the title application. An administration fee charged under this section shall be established by resolution of the board of county commissioners and may not exceed twenty-five dollars per title transfer. The county treasurer shall notify the department within ten days of the adoption of the administration fee. The notification shall include an effective date and the amount of the administration fee. Any administration fees collected shall be deposited in the county general fund. No administration fee under this section may be charged to any insurance company or dealer licensed in South Dakota.

Source: SL 2020, ch 128, § 1.


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

Any person who makes any false affidavit, or knowingly swears or affirms falsely, to any matter or thing required by the terms of this chapter to be sworn or affirmed to, is guilty of perjury, and punishable by a fine and imprisonment as other persons committing perjury are punishable.

Source: SDC 1939, § 44.9915; SL 1989, ch 25, § 21.


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

If the vehicle identification number of a motor vehicle, trailer, or semitrailer is changed, the owner shall within fifteen days make application as provided in this chapter for a new certificate of title setting forth all additional pertinent facts and shall surrender the former certificate of title of the vehicle. The former number may be shown on the new certificates of title in addition to the new number. Existing liens on the motor vehicle, trailer, or semitrailer shall continue and be shown thereon. The new certificates of title shall be delivered to the owner or as otherwise directed by the owner.

Source: SDC 1939, § 44.0203 (2) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1985, ch 238, § 2; SL 1988, ch 236, § 5; SL 1989, ch 257, § 22; SL 1990, ch 229, § 1.


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

The department may not title or issue a license for the operation of any motor vehicle without a vehicle identification number, except, the department may authorize the titling of motor vehicles by a number other than the vehicle identification number and when so titled, the number shall be deemed the vehicle identification number whenever the term vehicle identification number is used in this chapter.

Source: SDC 1939, § 44.0212; SL 1953, ch 229; SL 1967, ch 189; SL 1989, ch 257, § 23.


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

The department shall assign a distinguishing vehicle identification number to comply with the standardized replacement vehicle identification number system to any motor vehicle, trailer, or semitrailer or any component part if the vehicle identification number is illegible, destroyed, or obliterated. If the department assigns a number to a motor vehicle or a trailer that weighs three thousand pounds or more, the owner shall have the number appropriately attached by an employee of the department or the highway patrol. If the department assigns a number to a trailer that weighs less than three thousand pounds, the owner of the trailer shall permanently affix the assigned number to the neck of the trailer and have an employee of the department or any South Dakota law enforcement officer certify, on a form designated by the department, that the number was properly affixed to the trailer. Any motor vehicle, trailer, or semitrailer to which the vehicle identification number is assigned shall be registered under the number if registration is required under this chapter. The removal or the alteration of the vehicle identification number or the failure to have the number attached is a Class 6 felony. The owner of the motor vehicle, trailer, or semitrailer shall pay an amount to the department to reimburse the state for the cost of the issuance and attachment of the assigned number. The money collected shall be deposited in the motor vehicle fund.

Source: SDC 1939, § 44.0202 (7) as added by SL 1951, ch 229, § 2; SL 1965, ch 186, § 2; SL 1967, ch 186; SL 1985, ch 238, § 3; SL 1986, ch 242, § 35; SL 1988, ch 236, § 6; SL 1989, ch 257, § 24; SL 2017, ch 127, § 1.


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

The fee for assignment of a vehicle identification number is twenty-five dollars. The fee is payable to the county treasurer's office at the time of application for a rebuilt title. The county treasurer shall forward to the Division of Motor Vehicles the rebuilt title application with the affidavit of rebuilt motor vehicle and the vehicle identification number assignment fee. The rebuilt application may not be processed if the fee is not paid. If the vehicle identification number is not assigned as a result of the inspection of the vehicle, the Division of Motor Vehicles shall refund the fee to the applicant.

Source: SL 2002, ch 147, § 1.


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

If a certificate of title has not previously been issued for any motor vehicle, trailer, or semitrailer in this state, the application for a certificate of title, unless otherwise provided for in this chapter, shall be accompanied by a manufacturer's statement of origin or a manufacturer's certificate of origin as provided for in this chapter, or by a proper bill of sale or sworn statement of ownership, or by a certificate of title, bill of sale, or other evidence of ownership required by the law of another state from which the motor vehicle, trailer, or semitrailer was brought into this state.

Source: SDC 1939, § 44.0202 (8) as added by SL 1951, ch 229, § 2; SL 1955, ch 161; SL 1965, ch 186, § 2; SL 1989, ch 257, § 25.


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

The burden of proving his ownership and title shall be upon the applicant for a certificate of title. If satisfied that the applicant is the owner of the motor vehicle, trailer, or semitrailer and the application is in proper form, the secretary shall issue a certificate of title over his signature, but not otherwise.

Source: SDC 1939, § 44.0203; SL 1945, ch 187; SL 1951, ch 229, § 2; SL 1955, ch 161; SDC Supp 1960, § 44.0202 (8); SL 1965, ch 186, § 2; SL 1989, ch 257, § 26.


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

If an application for title and registration is filed by a dealer on behalf of a customer,the application shall be filed in the customer's county of residence.

Source: SDC 1939, § 44.0202 (8) as added by SL 1951, ch 229, § 2; SL 1955, ch 161; SL 1965, ch 186, § 2; SL 1989, ch 257, § 27; SL 2004, ch 200, § 1.


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

In any transfer of a motor vehicle, trailer, or semitrailer, the application for certificate of title shall be filed within forty-five days after the date of assignment of such motor vehicle, trailer, or semitrailer. However, licensed dealers need not apply for a certificate of title for any motor vehicle, trailer, or semitrailer in stock or acquired for stock purposes. Upon transfer of such a vehicle the licensed dealer shall give the transferee a reassignment of the certificate of title on such motor vehicle, trailer, or semitrailer or an assignment of a manufacturer's statement of origin or a manufacturer's certificate of origin.

Source: SDC 1939, § 44.0202 (8) as added by SL 1951, ch 229, § 2; SL 1955, ch 161; SL 1965, ch 186, § 2; SL 1989, ch 257, § 28; SL 1990, ch 228, § 2; SL 2015, ch 156, § 3.


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


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

Except as provided in § 32-3-26 for licensed dealers, if the application for certificate of title is presented more than forty-five days after date of assignment of the certificate of title or the manufacturer's certificate of origin of the motor vehicle, trailer, or semitrailer to the purchaser, the officer receiving the application shall collect, in addition to the fee established in § 32-3-18, a late fee of one dollar for each week or fraction thereof beyond the forty-five day limitation for twenty-five weeks and a late fee of fifty dollars for twenty-six weeks or more. Any person applying for a title more than ninety days after the date of assignment is guilty of a Class 2 misdemeanor. If the purchaser of a vehicle fails to comply with the provisions of § 32-3-26 to transfer the title within forty-five days, and the seller files a written complaint attesting to the facts, the purchaser is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 44.0202 (8) as added by SL 1955, ch 161; SL 1957, ch 215; SL 1965, ch 186, § 2; SL 1981, ch 231, § 2; SL 1986, ch 242, § 2; SL 1990, ch 228, § 3; SL 1992, ch 205; SL 1997, ch 179, § 1; SL 2015, ch 156, § 4.


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

The secretary shall issue the certificate of title in paper form or electronic form. If there is no lien noted on the certificate of title or a paper copy is requested pursuant to § 32-3-70, the secretary shall sign the original certificate of title, deliver the paper copy certificate to the owner named on the title, or as otherwise directed by the owner postage prepaid, and maintain an electronic copy for record keeping. If there are one or more liens on the motor vehicle, trailer, or semitrailer, the secretary shall properly note each lien in the order of priority on the certificate of title which shall be maintained electronically until each lien is released. A secured party, if any, may obtain electronic confirmation of the party's security interest as filed and noted on the certificate of title.

Source: SDC 1939, § 44.0202; SL 1951, ch 229, § 2; SDC Supp 1960, § 44.0202 (9); SL 1963, ch 252; SL 1965, ch 186, § 2; SL 1989, ch 257, § 29; SL 1990, ch 229, § 2; SL 2003, ch 160, § 1; SL 2018, ch 174, § 1.


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

In the case of lost certificates of title, duplicates may be issued if the loss is accounted for to the satisfaction of the secretary. Any lien to be noted on a certificate of title shall be evidenced by a copy of the security interest when a person applies for a duplicate certificate of title. A fee of ten dollars shall be paid to the secretary for each duplicate issued.

Source: SDC 1939, § 44.0209; SL 1957, ch 217; SL 1981, ch 231, § 3; SL 1986, ch 242, § 36; SL 2017, ch 128, § 3.


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

Except as provided in §§ 32-3-6, 32-3-24, and 32-3-32, every motor vehicle, trailer, or semitrailer certificate of title, upon transfer of ownership, shall contain a complete record showing the chain of title of such motor vehicle, trailer, or semitrailer from the owner named on the front of the title to and including the applicant presenting the same as evidence of ownership and applying for a new certificate of title.

Source: SL 1955, ch 193, § 1; SDC Supp 1960, § 44.0203-1; SL 1965, ch 186, § 4; SL 1988, ch 236, § 7; SL 1989, ch 257, § 30.


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

Each certificate of title issued by the department for a motor vehicle equipped with an odometer shall contain odometer disclosure information which complies with the provisions of the Truth in Mileage Act of 1986 (Public Law 99-579) as amended as of January 1, 1990.

Upon the sale or trade-in of a motor vehicle, the owner, seller, or auctioneer shall accurately complete the odometer disclosure information contained on the vehicle's title document and, if applicable, the secured power of attorney before surrendering or transferring the title. It is a Class 6 felony to falsify any information contained within the odometer disclosure statement. The department may refuse to transfer the title or issue a new title if the owner, seller, or auctioneer does not complete the odometer disclosure information on the vehicle title.

Source: SL 1978, ch 222, § 1; SL 1985, ch 238, § 4; SL 1988, ch 236, § 8; SL 1989, ch 257, § 31; SL 1990, ch 230, § 2; SL 1993, ch 219, § 2.


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

The department may upon written request and payment of a five dollar fee furnish a person a certified abstract of the title history which shall include the damage disclosure statements of any motor vehicle, trailer, or semitrailer registered under the provisions of this chapter. The abstract may include all documents filed with the department to establish the title history of the vehicle. The fee shall be deposited in the state motor vehicle fund. Governmental entities and their subdivisions are exempt from this fee requirement.

Source: SL 1980, ch 212, § 1; SL 1988, ch 238, § 7B; SL 1989, ch 257, § 32; SL 1990, ch 231, § 6.


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

Except as provided in § 32-3-32 it is a Class 2 misdemeanor to deliver or accept a transfer or assignment of a motor vehicle, trailer, or semitrailer certificate of title issued by the State of South Dakota, or a motor vehicle, trailer, or semitrailer muniment of title from another state, which does not contain or set forth the name of the seller and the name of the purchaser involved in the transfer of the motor vehicle, trailer, or semitrailer.

Source: SL 1955, ch 193, §§ 1, 2; SDC Supp 1960, §§ 44.0203-1, 44.9952; SL 1965, ch 186, § 4; SL 1989, ch 257, § 33.


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.

Source: SL 1955, ch 193, § 1; SDC Supp 1960, § 44.0203-1; SL 1965, ch 186, § 4; SL 1989, ch 257, § 34; SL 2020, ch 129, § 1.


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

If, after a certificate of title has been issued for a motor vehicle, trailer, or semitrailer, the county in which it is kept for use shall be changed, then upon application of the owner, so stating, the secretary may authorize the transfer of the duplicate certificate of title from the office of the treasurer of the county in which it was formerly kept to the county where the motor vehicle, trailer, or semitrailer is presently kept. Thereafter the county treasurer of the county in which such duplicate title certificate is transferred shall perform the duties imposed by this chapter. However, the keeping of a duplicate certificate of title in the office of the treasurer of a county in which the motor vehicle, trailer, or semitrailer is not actually kept may not affect the validity of the title or of any contract, lien, or encumbrance upon the motor vehicle, trailer, or semitrailer described in the certificate.

Source: SDC 1939, § 44.0202 (9) as added by SL 1951, ch 229, § 2; SL 1963, ch 252; SL 1965, ch 186, § 2; SL 1989, ch 257, § 35; SL 2003, ch 160, § 2.


32-3-34Assistance by county treasurer.

The county treasurer shall assist in the administration of this chapter and perform such duties in connection therewith as may be required by the secretary.

Source: SDC 1939, § 44.0202; SL 1951, ch 229, § 2; SDC Supp 1960, § 44.0202 (6); SL 1988, ch 236, § 9; SL 2003, ch 160, § 3.


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

A manufacturer's statement of origin or manufacturer's certificate of origin shall be deemed to be in possession of the lien holder while being transmitted to the secretary and until issuance of a certificate of title by the secretary showing the lien. All contracts, liens, mortgages, and encumbrances, noted on a certificate of title, shall take priority according to the order of time in which the liens were noted.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1989, ch 257, § 36.


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

If all spaces provided on the certificate of title for the notation of liens have been filled, before an additional lien can be noted, the lien holder or the owner of the vehicle shall submit the certificate to the secretary who shall then issue to the owner a new certificate of title, noting thereon in order of priority all unreleased liens shown on the old certificates of title. The additional secured party shall be mailed or delivered conspicuous notification of its security interest as filed and noted on the certificate of title.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1989, ch 257, § 37; SL 1990, ch 229, § 3.


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

Exposure for sale of any motor vehicle, trailer, or semitrailer by the owner thereof, with the knowledge and consent of the holder of any lien, mortgage, or encumbrance thereon, shall not render the same void or ineffective as against subsequent purchasers or the creditors of such owner or the holders of subsequent liens, mortgages, or encumbrances upon such motor vehicles, trailers, or semitrailers.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3.


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

The holder of a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, upon presentation of the certificate of title to the office of the titled owner's county treasurer, together with the fee prescribed by this chapter, may have a notation of the lien made on the certificate of title. The treasurer shall enter the notation and the date thereof over the signature of the officer or deputy and the seal of office. The treasurer on that day shall notify the department. The department shall note the lien on the state's computer system, if the county treasurer has not done so.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1989, ch 257, § 38; SL 1993, ch 219, § 3; SL 1998, ch 171, § 6; SL 2003, ch 160, § 4.


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

Any bank, savings and loan association, credit union, or any dealer licensed pursuant to this title may be provided access to motor vehicle title and lien information maintained on the state's computer system via a modem and terminal owned by the bank, savings and loan association, credit union, or dealer. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to specify access availability. The Department of Revenue may deny or revoke authority previously granted for accessing this information if the information accessed is used for any purpose not authorized by law.

Source: SL 1994, ch 363, § 3; SL 2004, ch 17, § 40; SL 2005, ch 153, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


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

Motor vehicle fleet leasing contracts containing a terminal rental adjustment provision do not create a sale or security interest solely because the agreement provides that the rental price may be adjusted by the amount realized upon sale or other disposition of the motor vehicle or trailer. This section does not apply to vehicles or trailers leased or used primarily for personal, family, or household purposes.

Source: SL 2003, ch 161, § 1.


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

Upon the sale or acquisition of any vehicle required to be titled pursuant to this chapter, a dealer licensed pursuant to this title shall utilize, if available, an electronic title file system approved by the department to verify vehicle ownership information and to record changes to vehicle ownership information.

Source: SL 2005, ch 153, § 1.


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

The provisions of chapters 44-10, 44-11, and §§ 57A-9-401 to 57A-9-408, inclusive, shall not be construed to apply to or to permit or require the deposit, filing, or other record whatsoever, of a chattel mortgage, conveyance intended to operate as a mortgage, conditional sales contract, mechanic's lien, or similar instrument, (herein referred to as liens) or any copy of the same covering a motor vehicle, trailer, or semitrailer, executed and delivered after July 1, 1951.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3.


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

The provisions of the law then in effect shall continue to apply to the deposit, filing, refiling, or other record whatsoever of a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or other similar instrument or any copy of same covering a motor vehicle, trailer, or semitrailer, made prior to July 1, 1951.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3.


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

A security interest, mechanic's lien, or similar instrument other than a financing statement covering a motor vehicle, trailer, or semitrailer, or any vehicle required to be titled under the provisions of this chapter, is valid against the creditors of the debtor, whether armed with process or not, and subsequent purchasers and other lien holders or claimants, but otherwise is not valid against them if notation of the lien has been made by the seller, buyer, owner, holder of the instrument, or an agent of the secretary on the manufacturer's statement of origin or the manufacturer's certificate of origin. In the case of a certificate of title, if a notation of the lien has been made by the secretary, an agent of the secretary, or a county treasurer on the face of the certificate of title, or if notation of the lien has been made by the seller, buyer, owner, holder of the instrument, or agent of the secretary on the reverse of the certificate of title, the lien is valid against the creditors of the debtor, whether armed with process or not, and subsequent purchasers and other lien holders or claimants, but otherwise is not valid against them. A lien is perfected if it has been noted on the title pursuant to this section, § 32-3-29, or § 32-3-70 and entered into the electronic title file system.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1967, ch 187; SL 1989, ch 257, § 39; SL 1997, ch 180, § 1; SL 1998, ch 171, § 1; SL 2003, ch 160, § 5; SL 2012, ch 159, § 1; SL 2017, ch 128, § 4.


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

Section 32-3-41 shall not apply to any security interest in a motor vehicle in stock or acquired for stock purposes if such security interest was acquired or perfected under the provisions of Title 57A.

Source: SDC Supp 1960, § 44.0203 (1) as added by SL 1965, ch 186, § 3; SL 1967, ch 187.


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

The county treasurer, upon receipt of a lien or title instrument duly executed in the manner prescribed by law governing such instruments, together with the fee prescribed for notation thereof which is nonrefundable, shall notify the holder of the certificate of title to deliver to the treasurer, within fifteen days from the date of notice, the certificate of title to permit notation of a lien, and, if necessary, the issuance of a new certificate of title provided in § 32-3-36. After the notation of lien the treasurer shall deliver the certificate of title to the owner or as otherwise directed by the owner. The secured party shall be mailed or delivered notification of the party's security interest as filed and noted on the certificate of title. The holder of a certificate of title who refuses to deliver a certificate of title to the treasurer for the purpose of showing the lien on the certificate of title within fifteen days from the date when notified to do so by the treasurer, is liable for damages to the lien holder for the amount of damages the lien holder suffered by reason of the holder of the certificate of title refusing to permit the showing of the lien on the certificate of title.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1990, ch 229, § 4; SL 1992, ch 206; SL 2003, ch 160, § 6.


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

If a lien is discharged, the lienholder shall execute a release within twenty days after final payment is received. The release shall contain the vehicle identification number or the certificate of title number, and the owner's name. The lienholder shall deliver the release along with the certificate of title if held by the lienholder, to any county treasurer. The treasurer shall note the cancellation of the lien on the face of the certificate of title and on the same day shall notify the secretary. The secretary shall cancel the lien on the state's computer system, if the county treasurer has not done so. If the certificate of title is lost as set forth in § 32-3-29, application for duplicate title may be forwarded along with the release to the department. The department shall cancel the lien. For failure to comply with these provisions relating to releasing a lien, the lienholder is liable to the owner for all damages sustained by the owner. The county treasurer shall mail or deliver the certificate of title to the owner, or as otherwise directed by the owner. Upon the satisfaction of a security interest in a motor vehicle, trailer, or semitrailer for which the certificate of title is in the possession of the owner, the secured party shall within twenty days after final payment is received, execute a release of security interest on the form prescribed by the department and mail or deliver such release to the owner or as otherwise directed by the owner.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1989, ch 257, § 40; SL 1990, ch 229, § 5; SL 1993, ch 219, § 4; SL 2003, ch 160, § 7; SL 2013, ch 135, § 2; SL 2017, ch 128, § 5.


32-3-45Fees for notation.

The county treasurer shall charge a fee of ten dollars for each notation of any lien on a certificate of title. No fee may be charged for the cancellation of such lien. The fee shall be deposited in the county general fund.

Source: SDC 1939, § 44.0203 (3) as added by SL 1951, ch 229, § 3; SL 1965, ch 185; SL 1977, ch 248; SL 1989, ch 257, § 41; SL 1991, ch 238; SL 2003, ch 160, § 8; SL 2016, ch 47, § 5.


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

Liens on motor vehicles, trailers, or semitrailers as defined in § 32-3-35 may be enforced or foreclosed in accordance with the procedural law applicable to each kind of lien. It is not necessary that a lien be filed for record as a condition precedent to foreclosure if the lien has been duly noted on the certificate of the title of the motor vehicle, trailer, or semitrailer. Any notice of sale, sale, or report of sale required by the applicable procedural law may be published, held, or filed in the county specified by the law, or if not there specified, then in the county where a copy of the certificate of title is kept by the treasurer as provided by § 32-3-28. Further, if the lien holder verifies in writing that the owner of the collateral did not surrender the certificate of title, the affidavit shall be accepted as prima facie evidence of the lien and may be used in lieu of the certificate of title, and the certificate of title need not be surrendered at the time of foreclosure.

Source: SDC 1939, § 44.0203 (4) as added by SL 1955, ch 162; SL 1961, ch 222; SL 1965, ch 186, § 3; SL 1990, ch 229, § 7; SL 2003, ch 160, § 9.


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

When the ownership of a motor vehicle, trailer, or semitrailer is subject to a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, as provided in §§ 32-3-30 to 32-3-46, inclusive, it shall be unlawful, prior to the performance of the conditions contained in any of the above instruments and the discharge of the obligations imposed thereby, to intentionally or with intent to defraud, materially injure, destroy, conceal, sell, mortgage, or otherwise dispose of, or remove from the State of South Dakota, except temporarily in accordance with its usual and customary use, a motor vehicle, trailer, or semitrailer subject to any of the above instruments without first having received the written permission of the then owner or holder of such chattel mortgage, conditional sales contract, mechanic's lien, trust receipt, or of any similar instrument, unless such instrument specifically waives such requirements of written notice as herein provided. Whoever shall violate this section shall be guilty of a Class 6 felony.

Source: SDC 1939, § 44.0203 (5) as added by SL 1957, ch 216; SDC Supp 1960, § 44.9951; SL 1965, ch 186, § 3.


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

If it appears at any time to the secretary that an applicant for a certificate of title or registration of a motor vehicle, trailer, or semitrailer is not entitled thereto, under the provisions of this chapter or chapter 32-5 or 32-5B, the secretary may refuse to issue a certificate or to register any vehicles owned by the person. If it is determined that the title holder or lienholder was not entitled to a title or registration already issued, under the provisions of this chapter or chapter 32-5, 32-9, 32-10, or 32-5B, the department shall by certified mail notify the title holder or lienholder that the title or license plate will be revoked and canceled ten days after the date of receipt, refusal to accept receipt, or the last day the postal service attempted delivery. The notice shall also demand that the title holder or lienholder return the certificate of title or license plates to the department. If the vehicle owner or lienholder believes that the title or registration should not be revoked, the owner may request in writing, a hearing pursuant to the provisions of chapter 1-26. The request for hearing shall be made prior to the effective date of the title or registration revocation. The intentional use of title after receiving the department's notice of revocation is a Class 1 misdemeanor.

Source: SDC 1939, § 44.0207; SL 1965, ch 186, § 6; SL 1986, ch 242, § 3; SL 1989, ch 257, § 42; SL 1997, ch 179, § 2.


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

Upon cancellation of any certificate of title, the secretary shall notify the county treasurer of the county where the duplicate certificate of title of the vehicle, trailer, or semitrailer is involved was kept. The treasurer shall thereupon enter the cancellation upon the treasurer's records. The secretary shall also notify the person to whom the certificate of title was issued as well as any lien holder appearing thereon of the cancellation and shall demand the surrender of the certificate of title. However, the cancellation may not affect the validity of any lien noted thereon. The holder of the certificate shall return same to the secretary forthwith.

Source: SDC 1939, § 44.0208 (1) as added by SL 1951, ch 229, § 4; SL 1965, ch 186, § 7; SL 1989, ch 257, § 43; SL 2003, ch 160, § 10.


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

If a receipt of registration has been issued to the holder of a certificate of title canceled by the secretary, the secretary shall immediately cancel the same and demand the return of such receipt of registration, and the license plates or tags issued therewith, and the holder of such receipt of registration or license plates or tags shall return the same to the secretary forthwith. If the registration, license plates or tags, or title is not returned, the secretary may notify the highway patrol or the local law enforcement agency which shall confiscate license plates or tags and return them to the department.

Source: SDC 1939, § 44.0208 (1) as added by SL 1951, ch 229, § 4; SL 1965, ch 186, § 7; SL 1986, ch 242, § 34.


32-3-51Dismantled 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.

If a vehicle is permanently destroyed, crushed, or compacted so that it can no longer be used on the public highways or used for parts, the owner shall detach the registration plates and forward them, along with the registration card and certificate of title, within fifteen days, to the department. The department shall cancel the registration card and the title on its records. If the title shows any lien, the lien holder's consent to the cancellation shall be endorsed on the certificate of title. The certificate of title surrendered by the owner shall have noted thereon the purpose of cancellation and, in case of a transfer, the assignment on the reverse side shall be completed. The department shall destroy the certificate of title and other records pertaining thereto, but shall keep an appropriate record of all such vehicles destroyed, crushed, or compacted and denoting the name and address of the last owner thereof. The owner may not remove the vehicle's identification number or other identification numbers. Removal of the vehicle's identification number or other identification numbers is a Class 6 felony.

Source: SDC 1939, § 44.0211-4 as enacted by SL 1965, ch 183; SL 1984, ch 217, § 3; SL 1985, ch 239, § 1; SL 1986, ch 242, § 30.


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.


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

Any motor vehicle, trailer, or semitrailer whose title has been marked by another state or jurisdiction, shall receive a title, which shall contain similar damage disclosure information. However, if the title has been branded as salvage or with any other similar brand by another state or jurisdiction the applicant shall receive a salvage title or, at the option of the owner, a junking certificate.

Source: SL 1988, ch 238, § 3; SL 1990, ch 231, § 4; SL 1996, ch 190, § 1; SL 2005, ch 155, § 6; SL 2015, ch 157, § 1.


32-3-51.6Rebuilt title.

Any motor vehicle, trailer, or semitrailer, whose title has been marked by this state or another state or jurisdiction as rebuilt or with any other similar brand approved for highway use shall only receive a rebuilt title.

Source: SL 1988, ch 238, § 4.


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


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

The department shall retain each damaged disclosure statement received. The statement shall become part of the title history available to the public pursuant to § 32-3-30.2.

Source: SL 1988, ch 238, § 7.


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

Any owner of a motor vehicle that is being dismantled for the purpose of selling its parts shall apply for a junking certificate.

The license plates, registration card, and certificate of title shall accompany the application for junking certificate. The department shall cancel the registration card and the title on its records and issue a junking certificate. If the title shows any lien, the lien holder's consent to the issuance of the junking certificate shall be endorsed on the certificate of title. The owner may not remove the vehicle's identification number or other identification numbers. Removal of the vehicle's identification number or other identification numbers is a Class 6 felony.

Source: SL 1988, ch 238, § 8; SL 1989, ch 258; SL 1996, ch 190, § 3.


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

Any motor vehicle, whose title has been marked as rebuilt or salvage by this state or any other state or jurisdiction, or any motor vehicle, whose owner is applying for a junking certificate, may be inspected by an employee of the department, or a person designated by the department.

Source: SL 1988, ch 238, § 9.


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


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

The department shall, in a conspicuous location, place on the first South Dakota title and all subsequent titles issued for any motor vehicle for which a certificate of title was issued by another state, the name of the previous state and any brand or notation indicated on the title by that state.

Source: SL 1992, ch 207, § 3; SL 2004, ch 201, § 1.


32-3-51.17Junking certificate for nonrebuildable vehicle.

Any motor vehicle, trailer, or semitrailer whose title has been marked as nonrebuildable, parts only, or whose owner has designated that the vehicle should not be placed upon the roads and highways, shall receive a junking certificate.

Source: SL 1996, ch 190, § 2.


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

Any vehicle that is required to be titled pursuant to this chapter and is sold or offered for sale by a vehicle dealer or a used vehicle dealer as defined in § 32-6B-1 shall display a sticker, decal, or notice that discloses damage to the vehicle for which the current title denotes a salvage brand or similar brand denoting damage to that vehicle. The department shall promulgate rules pursuant to chapter 1-26 to prescribe the format and construction of the sticker, decal, or notice. If the dealer fails to comply with this section, the purchaser of the motor vehicle may return the motor vehicle to the dealer within ten days after receiving the title, and the dealer shall make a full refund to the purchaser.

Source: SL 1999, ch 153, § 5; SL 2004, ch 209, § 2; SL 2007, ch 172, § 1; SL 2015, ch 157, § 8.


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

For purposes of §§ 32-3-51.5, 32-3-51.20, and 32-3-51.21, the term, salvage vehicle, means any motor vehicle that an insurer or self insurer determines a total loss due to theft or to damage caused by fire, vandalism, collision, weather, submersion in water, or flood. This section does not apply to any motor vehicle more than ten model years old or with a gross vehicle weight rating of more than sixteen thousand pounds.

Source: SL 2005, ch 155, § 2; SL 2006, ch 157, § 1; SL 2010, ch 150, § 1; SL 2015, ch 157, § 9.


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

If an insurer, in settlement of a total loss insurance claim, or self insurer acquires the ownership of any salvage vehicle as defined in § 32-3-51.19 that does not have a salvage vehicle title, the insurer shall within forty-five days following acquisition of the certificate of title of that vehicle, surrender the certificate of title for the vehicle to the department. The department shall promptly issue a title indicating it is a salvage vehicle to the insurer or self insurer. If a vehicle has been branded a salvage vehicle, nothing in this section prohibits a person from obtaining a rebuilt title pursuant to § 32-3-53.

Source: SL 2005, ch 155, § 3; SL 2016, ch 154, § 6.


32-3-51.21Owner 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.

If an insurer or self insurer declares a vehicle to be a total loss but does not acquire ownership of the vehicle, the owner shall obtain a salvage title for the vehicle. The insurer or self insurer shall, in writing, notify the owner of the obligation to obtain a salvage title before the owner sells or transfers the title. If the owner sells or transfers the ownership of the vehicle without first obtaining a salvage title, the owner is guilty of a Class 1 misdemeanor. This section does not apply to any motor vehicle more than ten model years old or with a gross vehicle weight rating of more than sixteen thousand pounds.

Source: SL 2005, ch 155, § 4; SL 2015, ch 157, § 10.


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

If a stolen vehicle is recovered, the insurer or self insurer shall, within forty-five days of recovery, inspect the vehicle and apply for a title.

If the vehicle has no damage or the damage is less than that defined in § 32-3-51.19, the insurer or self insurer shall surrender the existing salvage title to the department. The department shall promptly issue a title marked as a recovered theft with no salvage notation.

However, if the condition of the vehicle is such that it would have been determined a salvage vehicle as defined in § 32-3-51.19 due to the damage to the vehicle, the salvage title is retained and the insurer or self insurer is not required to apply for a title pursuant to this section.

Source: SL 2010, ch 150, § 2; SL 2015, ch 157, § 11; SL 2016, ch 154, § 7.


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

Employees of the department authorized by the secretary shall require the surrender of the plates and documents for such vehicles from dealers, salvage yards, and other similar establishments, when it is determined that the plates and documents have not been forwarded to the department as required herein.

Source: SDC 1939, § 44.0211-4 as enacted by SL 1965, ch 183; SL 1989, ch 257, § 44.


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

If any vehicle, trailer, or semitrailer is rebuilt as defined in subdivision 32-3-1(17) and is restored to operation, the owner shall submit an application to the Department of Revenue for a rebuilt title. The motor vehicle, trailer, or semitrailer may not be licensed or titled until there is submitted to the department proper affidavits, photo copies of receipts, bills of sale establishing ownership, or titles and the source of all parts and component parts used to rebuild the vehicle. The rebuilt title and registration shall be issued and delivered in accordance with the provisions of this chapter. After the motor vehicle is inspected, the owner shall take his copy of the certificate of inspection to the county treasurer, purchase his license plates and pay any tax owed. Once the department is notified that the inspection is complete and has verified that the correct amount of tax has been paid, it shall issue a rebuilt title. Each new certificate of title shall have noted thereon that the vehicle has been rebuilt. The highway patrol or an employee of the department may inspect rebuilt titles and rebuilt motor vehicles.

Source: SDC 1939, § 44.0211-4 as enacted by SL 1965, ch 183; SL 1984, ch 217, § 1; SL 1985, ch 239, § 5; SL 1988, ch 238, § 14; SL 2004, ch 17, § 42; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


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


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

The motor vehicles, trailers, or semitrailers referred to in § 32-3-53 may be inspected by an employee of the Department of Revenue or a highway patrolman. The certificate of inspection shall be of a form prescribed and furnished by the department. Motor vehicles, trailers, or semitrailers of any age which have body and chassis from different vehicles combined to make one vehicle, which have component parts changed, or which lack supporting documents with the application for title may also be inspected.

Source: SL 1985, ch 239, § 6; SL 1988, ch 238, § 16; SL 2004, ch 17, § 43; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


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


32-3-53.4Trailer defined.

For the purposes of §§ 32-3-53 and 32-3-53.2, a trailer is any trailer as defined in § 32-3-1 which has an actual weight of three thousand pounds or greater.

Source: SL 1985, ch 239, § 8; SL 2011, ch 138, § 1.


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


32-3-55
     32-3-55.   Transferred.


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

For the purpose of carrying out the provisions of this chapter, the office of the secretary may adopt and use a special seal. The secretary shall prescribe and furnish all printed forms needed to carry out the provisions of this chapter.

Source: SDC 1939, § 44.0208 (2) as added by SL 1951, ch 229, § 4; SL 1989, ch 257, § 45.


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

The secretary of revenue may promulgate rules pursuant to chapter 1-26 and issue instructions as are necessary to ensure and obtain uniformity in the administration of the provisions of this chapter. Rules may be adopted in the following areas:

(1)    Application requirements for new vehicles, trailers, snowmobiles, and mobile homes;

(2)    Certificate of title for vehicles previously registered, time limits of making application, duplicate certificates, and transfer of certificate of title;

(3)    Assignment of certificate of title;

(4)    Corrections of titles and procedure when there is a body type change;

(5)    Lien recording, assignment of liens, execution of cancellation of liens, and delivery of certificate of title;

(6)    Transfer of ownership;

(7)    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; and

(8)    Establishment of a transaction fee for online access to the title and registration system that does not exceed fifty cents for each transaction.

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.

Source: SDC 1939, § 44.0213; SDCL § 32-3-55; SL 1982, ch 18, § 9; SL 1987, ch 82, § 49; SL 1989, ch 257, § 46; SL 2004, ch 17, § 44; SL 2008, ch 148, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


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


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

Automobiles twenty years of age or older may be sold at auction, if the auction is sponsored by a nonprofit automobile club subject to the provisions of chapters 47-22 to 47-28, inclusive. A nonprofit automobile club may not sponsor more than one such auction a year. A violation of this section is a Class 2 misdemeanor.

Source: SL 1986, ch 27, § 13; SL 1989, ch 255, § 3.


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

Before a vehicle with a title issued by the department may be sold at an auction pursuant to § 32-3-59, the auctioneer shall have in his possession an odometer reading certified by the owner of the motor vehicle if the vehicle has an odometer and, except as provided in § 32-3-61, the motor vehicle's certificate of title. A violation of this section is a Class 2 misdemeanor.

Source: SL 1986, ch 27, § 14; SL 1989, ch 255, § 4; SL 1989, ch 257, § 48.


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

An auctioneer may not sell a vehicle that has a certificate of title with a lien on it for less than the full amount of the lien, without the advance written consent of the lien holder. An auctioneer may not release the proceeds from the sale of a vehicle with a lien on the title until the lien holder signs a release of the lien. A violation of this section is a Class 2 misdemeanor.

Source: SL 1986, ch 27, § 15; SL 1989, ch 255, § 5.


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

Within fifteen days after an auction held pursuant to § 32-3-59, the nonprofit automobile club sponsoring the auction shall provide the department with a list of the vehicles sold, including a photocopy of each vehicle's title. A violation of this section is a Class 2 misdemeanor.

Source: SL 1986, ch 27, § 16; SL 1989, ch 255, § 6; SL 1989, ch 257, § 49.


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

Sales of titled vehicles pursuant to §§ 32-3-59 to 32-3-62, inclusive, are exempt from § 32-5-29 and chapter 32-6B.

Source: SL 1986, ch 27, § 17.


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

Except as provided in § 32-3-64.1, if a vehicle is eleven years old or more and no record exists for the vehicle, a person may apply for a vehicle title by submitting to the department an application for title, a valid bill of sale properly signed by the person who has the right to convey ownership which identifies the vehicle, the seller, the purchaser, and the purchase price, and an affidavit which explains the facts surrounding the applicant's acquisition of the vehicle and which indemnifies the state against liability. The department shall conduct a nationwide title search and shall check with the National Crime Information Center to ensure no record of the vehicle exists. If no record of the vehicle is found, the department shall issue a title for the vehicle to the applicant.

Source: SL 1993, ch 220; SL 2020, ch 130, § 1.


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

If a vehicle is older than thirty years, no record exists for the vehicle, and there is no bill of sale for the vehicle, a person in lawful possession of the vehicle may apply for a vehicle title by submitting to the department an application for title and an affidavit declaring that the conditions of this section have been satisfied and explaining the facts surrounding the applicant obtaining possession of the vehicle.

The department shall conduct a nationwide title search and shall check with the National Crime Information Center to ensure no record of the vehicle exists.

If no record of the vehicle is found, the department shall issue a title for the vehicle to the applicant if the applicant files a bond with the department, in the form prescribed by the department, that is executed by the applicant and an insurance company licensed to do business in this state in an amount equal to no less than one and one-half times the current value of the vehicle as determined by the department. The bond shall be in favor of any prior owner, subsequent purchaser, secured party, and their respective successor in interest, and indemnify against any expense, loss, or damage, including reasonable attorney fees, arising from issuing a title for the vehicle to the applicant, but the aggregate liability to all persons may not exceed the amount of the bond.

At the end of three years after the issuance of the bond, the holder of the certificate of title may apply to the department on a form prescribed by the department for the release of the bond if no claim has been made on the bond. The department may release the bond at the end of three years after the issuance of the bond if all questions as to the ownership of the vehicle have been answered to the satisfaction of the department unless the department has been notified of the pendency of an action to recover on the bond. If the currently valid certificate of title is surrendered to the department, the department may release the bond prior to the end of the three-year period.

The department shall recall a certificate of title with a bond filed under this section if the department finds that the application for the title or the affidavit submitted with the application contained a false statement.

The department shall promulgate rules, pursuant to chapter 1-26, to establish the process by which the department will determine the current value of the vehicle.

Source: SL 2020, ch 130, § 2.


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

If any truck tractor is modified to become a motor home, the owner shall submit an application to the Department of Revenue for a converted motor home title. To become a motor home, the truck tractor shall be modified to include a vehicular-type unit built on the tractor's chassis and designed primarily as temporary living quarters for recreational, camping, vacation, or travel use. The unit shall be equipped with at least five of the following:

(1)    Cooking facilities;

(2)    A heating system or air conditioning system, or both, separate from the vehicle engine or the vehicle engine electrical system;

(3)    A self-contained toilet or a toilet connected to a plumbing system with connection for external water disposal, or both;

(4)    Portable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both;

(5)    Sleeping facilities;

(6)    A refrigerator; or

(7)    A one hundred ten or one hundred fifteen volt system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquefied petroleum system and supply.

The systems provided in subdivisions (2), (3), and (4) shall be permanently installed and meet American National Standards Institute and National Fire Protection Association standards in effect on the date of manufacture.

The application shall include a picture of the vehicle and an affidavit signed by the truck tractor owner stating that the vehicle will not be used for private business use and that the vehicle meets the requirements of this section. The department shall provide the form for the affidavit. If the department is satisfied that the conditions of this section are met, the department shall issue a converted motor home title.

Source: SL 2003, ch 163, § 1; SL 2004, ch 17, § 45; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2013, ch 134, § 1.


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

For the purposes of this chapter, if a motor home is used to transport a motor vehicle, boat, or animal to a race, tournament, show, or similar event, the motor home is not deemed to be engaged in a private business use if:

(1)    Any prize money received from participating in such an activity is declared as ordinary income for tax purposes;

(2)    The cost of participating in such an activity is not deducted as a business expense for tax purposes; and

(3)    No corporate sponsorship exceeding two thousand dollars in any one calendar year is involved in participating in such an activity.

Source: SL 2003, ch 163, § 2.


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

For purposes of this chapter, the department shall provide a person that has possession of a vehicle as the result of an unpaid repair bill with the last known name and address of the record holder of title and any readily identifiable lien holders free of charge.

Source: SL 2005, ch 154, § 2.


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

A person may apply for a title on any motor vehicle that is left unclaimed, as the result of an unpaid repair bill, by its owner or person lawfully in possession of, on private property for a period of thirty days after written notice of intent to apply for a title is given to the owner at the owner's last known address and to any readily identifiable insurer or lien holder by certified mail. The notice shall set forth the location where the motor vehicle is being kept, the circumstances surrounding acquisition of the vehicle, the year, make, model, and serial number of the motor vehicle, and shall inform the owner, insurer, and any lien holder of the right to reclaim the vehicle as provided by § 32-3-69. The notice shall be on a form provided by the department.

If it is impossible to determine with reasonable certainty the identity and address of the registered owner, insurer, and any lien holder, a notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was left for repair. Published notices may be grouped together for convenience and economy.

Source: SL 2005, ch 154, § 3.


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

Title to any motor vehicle shall vest with the person to whom the unpaid repair bill is payable and who has complied with the provisions of this chapter in notifying the owner and all insurers and lien holders of their rights to reclaim the motor vehicle after a period of thirty days from the date to which notice was sent to the owner and all insurers and lien holders. The owner, insurer, or the lienholder may reclaim the motor vehicle by paying any reasonable cost of repair. A lienholder paying the cost of repair may add the cost of repair to the outstanding loan secured by the vehicle. The owner, insurer, or lien holder shall notify the department and the repair facility within thirty days of receipt of the notice of their intent to reclaim the motor vehicle. If the owner, insurer, or lien holder fails to claim and remove the motor vehicle within thirty days after mailing of the notice of intent to reclaim the vehicle, title to the motor vehicle is irrevocably vested in the person to whom the repair bill is payable and who has complied with the provisions of this chapter.

The vehicle shall be sold at public auction pursuant to §§ 21-54-5, 21-54-7, and 21-54-10 and any excess moneys above settlement of the debt shall be forwarded to the prior owner, insurer, and any other party with a legal interest in such vehicle. If the owner, insurer, and any lien holder are unidentifiable or not able to be contacted, the excess moneys shall be sent to the state treasurer and treated as unclaimed property pursuant to chapter 43-41B.

Source: SL 2005, ch 154, § 4; SL 2018, ch 175, § 1.


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

The department may establish an electronic title system for motor vehicles, as the term, motor vehicle, is defined in § 32-3-1. Any participant in the electronic title system shall submit electronic applications for original vehicle titles in a form and format prescribed by the department. A participant shall provide all documentation or information required by the department to process the electronic title application, including the electronic manufacturer's statement of origin. The department shall verify the authenticity of the electronic information before the electronic title is issued.

Source: SL 2013, ch 135, § 1.


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

Notwithstanding any other provision of this title, the department may provide for an electronic lien filing system. If a lien has been noted electronically in the electronic lien filing system, no paper title may be issued to the owner of record or the lienholder. A paper title shall be issued under the following circumstances:

(1)    The lien has been satisfied and the owner requests a title;

(2)    The owner is relocating to another state and the lienholder authorizes the issuance of a title with the lien noted;

(3)    The ownership listed on the title is being changed and the lienholder authorizes the issuance of a title with the lien noted; or

(4)    The titled vehicle has been determined to be a salvage vehicle pursuant to § 32-3-51.19.

A lien shall be noted or cancelled electronically if an electronic certificate of title exists and the lienholder is participating in the electronic lien filing system. A lien noted electronically is considered perfected as if a paper title was issued and a lien had been noted on the title pursuant to § 32-3-29 or 32-3-41. A lienholder is liable for noting or canceling a lien in error.

Source: SL 2008, ch 152, § 1; SL 2012, ch 159, § 2; SL 2013, ch 135, § 3; SL 2017, ch 128, § 6; SL 2018, ch 174, § 2.


32-3-71Low-speed vehicles.

A low-speed vehicle which meets the requirements of Part 49 Section 571.500 of the Code of Federal Regulations as amended to January 1, 2008, shall be issued a title. The manufacturer certificate of origin or vehicle title shall clearly identify the vehicle as a low-speed vehicle. The department may not issue any vehicle identification number to any homemade low-speed vehicle or retrofitted golf cart and such vehicles do not qualify as low-speed vehicles in this state.

Source: SL 2008, ch 147, § 3.


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

Any person in the business of repossessing motor vehicles may request any local law enforcement officer to provide the license plate number and color of a motor vehicle licensed in South Dakota. If a person in the business of repossessing motor vehicles provides a copy of the contract for the repossession of the motor vehicle to a local law enforcement officer, the officer shall provide the license plate number and color of the motor vehicle to the person. Any law enforcement officer, who in good faith releases information pursuant to this section, is immune from civil liability for such release.

Source: SL 2008, ch 149, § 1.


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

Any dealer, upon the sale and delivery of any new motor vehicle, shall, within forty-five days of the sale and delivery of the new motor vehicle, deliver to the purchaser the manufacturer's statement of origin or manufacturer's certificate of origin for the motor vehicle. However, notwithstanding any other provision of law, if the purchaser defaults on the terms of the sale within the forty-five day period, the seller does not have to deliver the manufacturer's statement of origin or manufacturer's certificate of origin to the purchaser. The seller shall notify the department in writing of the seller's refusal to deliver the manufacturer's statement of origin or manufacturer's certificate of origin to the purchaser within fourteen days of the purchaser's default on the terms of the sale. A violation of this section is a Class 2 misdemeanor. Any subsequent violation that occurs within two years from any violation of this section is a Class 1 misdemeanor.

Source: SL 2014, ch 138, § 4; SL 2015, ch 156, § 5.


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

If an insurer requests that an auction agency take possession of a motor vehicle that is the subject of an insurance claim and there is no total loss claim payment that results in transfer of ownership to the insurer of the motor vehicle, the department, upon request of the auction agency, shall provide the last known name and address of the record holder of title and any readily identifiable lienholder to the auction agency free of any charge.

Source: SL 2018, ch 176, § 1.


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

Notwithstanding any other law, an auction agency in possession of a motor vehicle under § 32-3-74 may apply for and shall be issued a salvage title or a certificate of title for the motor vehicle in the name of the auction agency if the motor vehicle is not claimed by its owner or any lienholder as provided under § 32-3-76. The auction agency seeking title under this section shall send written notice by certified mail, or a similar service that provides proof of delivery, to the owner of the motor vehicle and any readily identifiable lienholder of record at the owner's or lienholder's last known address. The notice shall include the location of the motor vehicle; the circumstance surrounding acquisition of the motor vehicle; reasonable charges incurred by the auction agency; the year, make, model, and serial number of the motor vehicle; and shall inform the owner or lienholder of the right to reclaim the motor vehicle under § 32-3-76. If the auction agency cannot determine with reasonable certainty the identity and address of the owner or any lienholder, a notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was acquired by the auction agency. Published notices required under this section may be grouped together for convenience and economy.

Source: SL 2018, ch 176, § 2.


32-3-76Reclamation 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.

An owner or lienholder may reclaim a motor vehicle for which notice has been provided as required under § 32-3-75. The owner or lienholder shall provide notice to the auction agency of any intent to reclaim the motor vehicle from the auction agency by certified mail, or any similar service that provides proof of delivery, within thirty days of the owner's or lienholder's receipt of notice under § 32-3-75. Notwithstanding any other law, and only if the auction agency has complied with the provisions of this chapter, title to the motor vehicle irrevocably vests in the auction agency in possession of the abandoned motor vehicle if:

(1)    The auction agency has not received notice of intent to reclaim the motor vehicle from the owner or any lienholder within forty-five days from their receipt of notice provided under § 32-3-75; or

(2)    The owner or lienholder provides notice of an intent to reclaim the motor vehicle under this section but fails to:

(a)    Pay to the auction agency the reasonable charges incurred by the auction agency; and

(b)    Claim and remove the motor vehicle within forty-five days after the auction agency's receipt of the notice of intent to reclaim the motor vehicle.

Upon an auction agency's receipt of title, the motor vehicle shall be sold by the auction agency, and any excess proceeds received from the sale, beyond settlement of the reasonable charges incurred by the auction agency, shall be paid jointly to the owner and any prior lienholder, and mailed to the first lienholder, if any, or otherwise to the prior owner. If the auction agency cannot identify or contact the owner or any lienholder, any excess proceeds received from the sale shall be sent to the state treasurer and treated as unclaimed property pursuant to chapter 43-41B. After any salvage title or certificate of title is issued under the provisions of this section or § 32-3-75, an owner's or lienholder's exclusive right against the auction agency shall be to any excess proceeds from the auction agency's sale of the vehicle under this section. For purposes of this section and § 32-3-75, reasonable charges incurred by the auction agency include any cost incurred by the auction agency for towing and storage of the motor vehicle, providing notice by mail or publication to the owner or any lienholder, and conducting the auction pursuant to this section.

Source: SL 2018, ch 176, § 3.


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

Notwithstanding any other law, if an insurer is unable to obtain a certificate of title for a motor vehicle from the owner or lienholder within forty-five days of payment of a total loss claim on the motor vehicle, and is unable to surrender the certificate of title to the department as required pursuant to § 32-3-51.20, the department shall issue a salvage title or certificate of title for the motor vehicle to the insurer when the insurer provides to the department:

(1)    Proof of payment for the motor vehicle to the registered owner; and

(2)    Proof of payment in satisfaction of any lien that was previously perfected on the vehicle.

The department may promulgate rules, pursuant to chapter 1-26, to implement the provisions of this section.

Source: SL 2018, ch 176, § 4.


32-3-78Electric bicycle exempt from chapter.

An electric bicycle, as defined in § 32-20B-9, is exempt from this chapter.

Source: SL 2019, ch 135, § 9.


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