CHAPTER 64:29:01
\r\n\r\n\r\nINTERPRETIVE RULES
\r\n\r\n(Repealed.\r\n8 SDR 81, effective January 10, 1982)
\r\n\r\n\r\n\r\nCHAPTER 64:29:02
EXCISE TAX
Section
64:29:02:01 Repealed.
64:29:02:01.01 Contents of bill of sale.
64:29:02:02 Repealed.
64:29:02:03 License issued when requirements are met -- Tax paid.
64:29:02:03.01 Repealed.
64:29:02:03.02 Repealed.
64:29:02:03.03 Application for excise tax refund by purchaser.
64:29:02:04 Receipt required for refunds.
64:29:02:04.01 Tangible personal property allowed as trade-in on motor vehicles.
64:29:02:04.02 Solid waste management fee -- Exclusions.
64:29:02:04.03 Repealed.
64:29:02:04.04 Proof of value of insurance check.
64:29:02:05 Repealed
64:29:02:06 Repealed
64:29:02:07 Repealed.
64:29:02:08 Proof of payment of taxes for reciprocity.
64:29:02:09 Repealed.
64:29:02:10 Repealed.
64:29:02:11 Repealed.
64:29:02:12 Repealed.
64:29:02:13 Repealed.
64:29:02:14 Trade-in allowance.
64:29:02:15 Repealed.
64:29:02:16 Repealed.
64:29:02:17 Repealed.
64:29:02:18 Mobile home and manufactured home consignment sales.
64:29:02:01. Definitions.Repealed.
\r\n\r\n\r\nSource:\r\n8 SDR 48, effective November 8, 1981; 8 SDR 87, 8 SDR 134, effective July 1,\r\n1982; transferred from § 61:21:01:01, 12 SDR 111, effective January 12,\r\n1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, effective\r\nJanuary 10, 1988; 16 SDR 76, effective November 1, 1989; repealed, 17 SDR 4,\r\neffective July 18, 1990.
\r\n\r\n\r\n64:29:02:01.01. Contents of bill of sale. A bill of sale is\r\na signed document which must contain the following information about the\r\nvehicle and the parties to the sales transaction:
\r\n\r\n\r\n(1) The model year, make,\r\nmodel, and vehicle identification number of the vehicle being sold;
\r\n\r\n\r\n(2) The full name of the\r\nvehicle purchaser or purchasers;
\r\n\r\n\r\n(3) The calendar date of\r\nthe sales transaction;
\r\n\r\n\r\n(4) The amount of\r\nconsideration paid, stated in U.S. currency, in the sale of the vehicle; and
\r\n\r\n\r\n(5) The signature of all\r\ntitled owners who are required to make an assignment of title.
\r\n\r\n\r\nSource:\r\n16 SDR 76, effective November 1, 1989; 17 SDR 4, effective July 18, 1990.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-111.
\r\n\r\nLaw\r\nImplemented: SDCL 32-5-111.
\r\n\r\n\r\nCross-Reference:\r\nAssignment from joint ownership, § 64:28:13:06.
\r\n\r\n\r\n64:29:02:02. Used\r\ngovernment vehicles subject to registration tax. Repealed.
\r\n\r\n\r\nSource:\r\n8 SDR 48, effective November 8, 1981; 8 SDR 87, 8 SDR 134, effective July 1,\r\n1982; transferred from § 61:21:01:03, 12 SDR 111, effective January 12,\r\n1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, effective\r\nJanuary 10, 1988; 15 SDR 58, effective October 19, 1988; repealed, 17 SDR 4,\r\neffective July 18, 1990.
\r\n\r\n\r\n64:29:02:03. License issued when requirements are met -- Tax\r\npaid. A motor vehicle license may not be issued unless all requirements for\r\nregistration are complete and the correct amount of tax has been collected by\r\nthe county treasurer. If the amount of vehicle excise tax due or paid varies by\r\nfive dollars or more, the department shall retain the vehicle title when the\r\ntax has been underpaid or shall issue a refund to the taxpayer when the tax has\r\nbeen overpaid.
\r\n\r\n\r\nSource:\r\n8 SDR 48, effective November 8, 1981; 8 SDR 87, 8 SDR 134, effective July 1,\r\n1982; transferred from § 61:21:01:04, 12 SDR 111, effective January 12,\r\n1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 17 SDR 4, effective July\r\n18, 1990.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n64:29:02:03.01. License fee refund.Repealed.
\r\n\r\n\r\nSource:\r\n15 SDR 58, effective October 19, 1988; repealed, 17 SDR 4, effective July 18,\r\n1990.
\r\n\r\n\r\n64:29:02:03.02. Application for excise tax refund by seller.Repealed.
\r\n\r\n\r\nSource:\r\n15 SDR 58, effective October 19, 1988; repealed, 17 SDR 4, effective July 18,\r\n1990.
\r\n\r\n\r\n64:29:02:03.03. Application for excise tax refund by purchaser.\r\nA person who purchases a used vehicle from a person other than a licensed motor\r\nvehicle dealer and who pays excise tax on the value of the vehicle as stated in\r\na dealers' guide approved by the secretary may apply for a refund if the actual\r\npurchase price paid for the vehicle is less than the stated book value and the\r\npurchaser obtains a valid bill of sale.
\r\n\r\n\r\nSource:\r\n15 SDR 58, effective October 19, 1988; 17 SDR 4, effective July 18, 1990.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5B-15.
\r\n\r\nLaw\r\nImplemented: SDCL 32-5B-1, 32-5B-4.
\r\n\r\n\r\nCross-Reference:\r\nUse of dealers' guide for used motor vehicles, SDCL 32-5B-6.
\r\n\r\n\r\n64:29:02:04. Receipt required for refunds. Taxpayers may\r\napply for a refund when proof of tax paid by them in another state is later\r\npresented to the county treasurer. Proof shall consist of a certificate from a\r\nlicensed dealer, a bill of sale, a receipt, or other tangible evidence showing\r\nthe type and amount of tax paid. Upon approval of the refund by the department,\r\nit will notify the county treasurer of the amount of tax to refund the\r\ntaxpayer.
\r\n\r\n\r\nSource:\r\n8 SDR 48, effective November 8, 1981; 8 SDR 87, 8 SDR 134, effective July 1,\r\n1982; transferred from § 61:21:01:06, 12 SDR 111, effective January 12,\r\n1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 17 SDR 4, effective July\r\n18, 1990.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-111, 32-5B-15.
\r\n\r\nLaw\r\nImplemented: SDCL 32-5B-11.
\r\n\r\n\r\n64:29:02:04.01. Tangible personal property allowed as trade-in\r\non motor vehicles. If tangible personal property is taken in trade as part\r\npayment on a motor vehicle, the current market value of that property shall be\r\ndeducted from the price of the motor vehicle to establish the purchase price.
\r\n\r\n\r\nSource:\r\n17 SDR 4, effective July 18, 1990; 21 SDR 219, effective July 1, 1995.
\r\n\r\nGeneral\r\nAuthority: SDCL 10-45-47.1, 32-5B-15.
\r\n\r\nLaw\r\nImplemented: SDCL 10-45-1(3), 32-5B-4(1) to (3).
\r\n\r\n\r\nExample:
\r\n\r\nJoe buys a car from Acme Used Cars and\r\ntrades in a used 1983 color television set. The price of the car is listed at\r\n$3,000. The salesman gives Joe $1,000 for the TV, making the purchase price of\r\nthe vehicle $2,000. One thousand dollars for the used TV is unreasonable. Excise\r\ntax on the purchase price of the vehicle shall be paid on the list price minus\r\nthe current market value of the TV.
\r\n\r\n\r\n64:29:02:04.02. Solid waste management fee -- Exclusions.\r\nOnce a vehicle is registered and the waste management fee paid, the owner is\r\nnot subject to the fee for tonnage increases or decreases or for duplicate\r\nlicenses until the vehicle is again required to be registered.
\r\n\r\n\r\nSnowmobiles are excluded from the\r\nsolid waste management fee because they do not have tires. Mobile homes are\r\nexcluded from the fee because they are not registered as either a commercial or\r\nnoncommercial vehicle pursuant to the provisions of SDCL chapter 32-5, 32-9, or 32-10.
\r\n\r\n\r\nSource:\r\n19 SDR 42, effective September 29, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-111.
\r\n\r\nLaw\r\nImplemented: SDCL 34A-6-61(5), 34A-6-83, 34A-6-84.
\r\n\r\n\r\n64:29:02:04.03. Refunds\r\nnot authorized by law. Repealed.
\r\n\r\n\r\n\r\n
Source: 19 SDR 42,\r\neffective September 29, 1992; 45 SDR 83, effective December 18, 2018.
\r\n\r\n\r\n\r\n
64:29:02:04.04. Proof\r\nof value of insurance check. For purposes of SDCL 32-5B-4, the trade-in value of a damaged vehicle may include payment made by an insurance company which is intended to cover the damage. Proof of a payment must be provided at the time application for the certificate of title to the replacement vehicle is filed and must be in one of the following forms:
\r\n\r\n\r\n(1) A copy of the insurance\r\ncheck with the damaged vehicle identified either on the check or an attached\r\ncheck stub;
\r\n\r\n\r\n(2) A copy of the claim\r\nsettlement; or
\r\n\r\n\r\n(3) Any other form of\r\ndocumentation provided by the insurance company that indicates the amount of\r\nthe insurance payment, identifies the damaged vehicle, and is considered\r\nacceptable by the Division of Motor Vehicles.
\r\n\r\n\r\nSource:\r\n19 SDR 42, effective September 29, 1992.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5B-15.
\r\n\r\nLaw\r\nImplemented: SDCL 32-5B-4.1.
\r\n\r\n\r\n64:29:02:05. Tax base for new and used mobile homes.Repealed.
\r\n\r\n\r\nSource:\r\n8 SDR 48, effective November 8, 1981; 8 SDR 87, 8 SDR 134, effective July 1,\r\n1982; transferred from § 61:21:01:09, 12 SDR 111, effective January 12,\r\n1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 95,\r\neffective January 10, 1988.
\r\n\r\n\r\n64:29:02:06. Mobile homes purchased before July 1, 1970 --\r\nExempt.Repealed.
\r\n\r\n\r\nSource:\r\n8 SDR 48, effective November 8, 1981; 8 SDR 87, 8 SDR 134, effective July 1,\r\n1982; transferred from § 61:21:01:10, 12 SDR 111, effective January 12,\r\n1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR 4,\r\neffective July 18, 1990.
\r\n\r\n\r\n64:29:02:07. Verification of value if actual consideration is\r\n20 percent below NADA value.Repealed.
\r\n\r\n\r\nSource:\r\n12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July\r\n1, 1987; repealed, 14 SDR 95, effective January 10, 1988.
\r\n\r\n\r\n64:29:02:08. Proof\r\nof payment of taxes for reciprocity. To receive reciprocity for taxes paid\r\nto another state or jurisdiction on a motor vehicle, the applicant must submit\r\nproof of the tax the applicant paid. Tangible evidence of proof of payment is a\r\nbill of sale, a receipt, or an affidavit from a dealer showing the amount and\r\nrate of tax charged and paid, the names and addresses of the buyer and seller,\r\nthe date of the sale, and the make, model, year, and vehicle identification\r\nnumber of the motor vehicle. Reciprocity may also be granted to an applicant\r\nwho submits a title in the applicant's name from another state or jurisdiction\r\nwhich charges a similar tax and equal amount of tax. If the jurisdiction does\r\nnot charge an equal amount of tax, the applicant shall pay the difference\r\nbetween the tax amounts if the amount due this state is greater.
\r\n\r\n\r\nSource:\r\n12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July\r\n1, 1987; 14 SDR 95, effective January 10, 1988; 17 SDR 4, effective July 18,\r\n1990.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-111, 32-5B-15.
\r\n\r\nLaw\r\nImplemented: SDCL 32-5B-11.
\r\n\r\n\r\n64:29:02:09. Registration of new motor vehicles with\r\ntrade-in. Repealed.
\r\n\r\n\r\nSource:\r\n12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July\r\n1, 1987; repealed, 14 SDR 95, effective January 10, 1988.
\r\n\r\n\r\n64:29:02:10. Motor vehicle title or registration lists --\r\nApproval of use.Repealed.
\r\n\r\n\r\nSource:\r\n15 SDR 58, effective October 19, 1988; 17 SDR 4, effective July 18, 1990; 24\r\nSDR 180, effective July 1, 1998; repealed, 27 SDR 147, effective July 8, 2001.
\r\n\r\n\r\n64:29:02:11. Penalty for unauthorized use of list.Repealed.
\r\n\r\n\r\nSource:\r\n15 SDR 58, effective October 19, 1988; 17 SDR 4, effective July 18, 1990;\r\nrepealed, 27 SDR 147, effective July 8, 2001.
\r\n\r\n\r\n64:29:02:12. Fee for motor vehicle title or registration\r\nlist.Repealed.
\r\n\r\n\r\nSource:\r\n15 SDR 58, effective October 19, 1988; repealed, 27 SDR 147, effective July 8,\r\n2001.
\r\n\r\n\r\n64:29:02:13. Model year.Repealed.
\r\n\r\n\r\nSource:\r\n15 SDR 58, effective October 19, 1988; repealed, 17 SDR 199, effective July 1,\r\n1991.
\r\n\r\n\r\n64:29:02:14. Trade-in\r\nallowance. When determining the purchase price of a vehicle, the value of a\r\nvehicle being traded-in may be deducted from the purchase price of a vehicle\r\nbeing purchased if the vehicle being traded-in is titled in the same name as that\r\nin which the vehicle being purchased will be titled.
\r\n\r\n\r\nIn the case of a trade-in vehicle that\r\nis titled in the name of a company or corporation, the trade-in allowance\r\napplies if the purchaser is the majority owner of the company or corporation.\r\nThe applicant must provide documentation or an affidavit to substantiate this\r\ninformation. On leases entered into before June 30, 2000, if the lessee\r\nexercises an option to purchase the vehicle, no additional tax is due if tax\r\nwas previously paid on the total value of the vehicle, including the buy-out\r\noption, when the vehicle was first leased.
\r\n\r\n\r\nNo trade-in's are allowed on leases\r\nentered into after June 30, 2000.
\r\n\r\n\r\nOn any lease entered into after June\r\n30, 2000, where the lessee exercises an option to purchase the vehicle, title\r\nmust first be obtained in the lessee's name and all taxes must be paid before\r\nthe vehicle may be used as a credit or trade-in on the purchase of another\r\nvehicle.
\r\n\r\n\r\nSource:\r\n18 SDR 3, effective July 14, 1991; 20 SDR 104, effective January 10, 1994; 23\r\nSDR 117, effective January 27, 1997; 28 SDR 178, effective July 1, 2002.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-111(6), 32-5B-15(4).
\r\n\r\nLaw\r\nImplemented: SDCL 32-5B-4(1)(2)(3)(7)(8), 32-5B-1.1.
\r\n\r\n\r\n64:29:02:15. Access to state's computerized title and\r\nregistration records by dealers.Repealed.
\r\n\r\n\r\nSource:\r\n20 SDR 104, effective January 10, 1994; repealed, 24 SDR 180, effective July 1,\r\n1998.
\r\n\r\n\r\n64:29:02:16. Fee for accessing state's computer system.Repealed.
\r\n\r\n\r\nSource:\r\n20 SDR 104, effective January 10, 1994; repealed, 24 SDR 180, effective July 1,\r\n1998.
\r\n\r\n\r\n64:29:02:17. Information available from state's computer\r\nsystem.Repealed.
\r\n\r\n\r\nSource:\r\n20 SDR 104, effective January 10, 1994; repealed, 24 SDR 180, effective July 1,\r\n1998.
\r\n\r\n\r\n64:29:02:18. Mobile\r\nhome and manufactured home consignment sales. A dealer shall possess a\r\nconsignment contract with the seller and a copy of the front and back of the\r\ntitle in the seller’s name on any mobile home or manufactured home that is\r\noffered for sale on consignment.
\r\n\r\n\r\nSource:\r\n24 SDR 180, effective July 1, 1998.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-7A-14.1.
\r\n\r\nLaw\r\nImplemented: SDCL 32-7A-14.1, 32-7A-16.
\r\n\r\n\r\nCHAPTER 64:29:03
LICENSE PLATES
Section
64:29:03:01 Repealed.
64:29:03:02 License plate renewal certificate -- Duplicate issued.
64:29:03:03 Status of South Dakota license plates when South Dakota certificate of title is surrendered.
64:29:03:04 Repealed.
64:29:03:05 Souvenir plates.
64:29:03:06 Display of souvenir plates.
64:29:03:07 Repealed.
64:29:03:08 Display of original-issue plates on historic vehicles.
64:29:03:09 Temporary plates issued to tax-exempt vehicles.
64:29:03:10 Confidential procedure for certain license plates.
64:29:03:11 Special plate order permit.
64:29:03:01. Issuance of license plates -- Required\r\ndocuments.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134,\r\neffective July 1, 1982; transferred from § 61:02:16:01, 12 SDR 111,\r\neffective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987;\r\nrepealed, 17 SDR 4, effective July 18, 1990.
\r\n\r\n\r\n64:29:03:02. License\r\nplate renewal certificate -- Duplicate issued. If the original certificate\r\nof title is being held by a lien holder and the owner of record has lost the\r\nowner's copy of the license plate renewal certificate, the owner may obtain\r\nfrom the lien holder a certified copy of the title and present it to the county\r\ntreasurer for the annual registration of the motor vehicle.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982;\r\ntransferred from § 61:02:16:02, 12 SDR 111, effective January 12, 1986; 13\r\nSDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, effective January 10,\r\n1988; 17 SDR 4, effective July 18, 1990.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-111.
\r\n\r\nLaw\r\nImplemented: SDCL 32-5-111.
\r\n\r\n\r\n64:29:03:03. Status\r\nof South Dakota license plates when South Dakota certificate of title is\r\nsurrendered. Current South Dakota license plates are automatically void\r\nwhen the South Dakota certificate of title covering the vehicle is surrendered\r\nout-of-state and an out-of-state certificate of title or ownership document is\r\nissued. If the vehicle returns to South Dakota during the same year, the owner\r\nshall apply for new license plates to the county treasurer and shall surrender\r\nthe out-of-state title or ownership document.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982;\r\ntransferred from § 61:02:16:03, 12 SDR 111, effective January 12, 1986; 13\r\nSDR 129, 13 SDR 134, effective July 1, 1987; 17 SDR 4, effective July 18, 1990.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-111.
\r\n\r\n\r\n\r\n\r\n64:29:03:04. Licensure\r\nof abandoned vehicles. Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982;\r\ntransferred from § 61:02:16:04, 12 SDR 111, effective January 12, 1986; 13\r\nSDR 129, 13 SDR 134, effective July 1, 1987; 15 SDR 58, effective October 19,\r\n1988; repealed, 17 SDR 4, effective July 18, 1990.
\r\n\r\n\r\n64:29:03:05. Souvenir\r\nplates. A person or group desiring a commemorative or souvenir South Dakota\r\nlicense plate shall apply to the department. Only one plate may be issued for\r\neach vehicle, and it may be used for general transportation purposes only on South\r\nDakota highways and roads. The department shall determine the duration for\r\nwhich the plate is valid case by case, based on the stated purpose and the\r\nduration requested by the applicant, within the time limit set in SDCL 32-5-110.
\r\n\r\n\r\nThe secretary may accept design\r\nsuggestions from the person or group requesting the plate or may provide the\r\ndesign. A design that does not conform to the basic design and color integrity\r\nof the currently issued plates for noncommercial passenger vehicles may be\r\nrejected or modified by the secretary. The secretary shall reject a design that\r\nthe secretary considers to be offensive or in poor taste.
\r\n\r\n\r\nThe secretary may specify hours of\r\nuse, routes to be used or any travel restrictions, the purpose for which the\r\nplates may be used, and the vehicles which may display the plates and may apply\r\nsuch restrictions case by case.
\r\n\r\n\r\nThe secretary shall set the fee for\r\nthe commemorative or souvenir plates case by case, based on the cost of design,\r\nproduction costs, manufacturing and administration costs, and mailing expenses.
\r\n\r\n\r\nSource:\r\n15 SDR 58, effective October 19, 1988; transferred from § 64:28:03:06, 17\r\nSDR 4, effective July 18, 1990.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-110.
\r\n\r\nLaw\r\nImplemented: SDCL 32-5-110.
\r\n\r\n\r\n64:29:03:06. Display\r\nof souvenir plates. The commemorative or souvenir license plate may be\r\ndisplayed on the motor vehicle in place of the primary license plate if the\r\nprimary plate is carried in the vehicle. The motor vehicle title and\r\nregistration shall not be updated to reflect the commemorative or souvenir\r\nplate, but law enforcement officials in the area where the plate is likely to\r\nbe used shall be notified by the department and provided with a facsimile of\r\nthe plate and the period of its validity.
\r\n\r\n\r\nSource:\r\n15 SDR 58, effective October 19, 1988; transferred from § 64:28:03:07, 17\r\nSDR 4, effective July 18, 1990.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-110.
\r\n\r\nLaw\r\nImplemented: SDCL 32-5-110.
\r\n\r\n\r\n64:29:03:07. Placement of registration decals on license\r\nplates.Repealed.
\r\n\r\n\r\nSource:\r\n17 SDR 4, effective July 18, 1990; repealed, 17 SDR 199, effective July 1,\r\n1991.
\r\n\r\n\r\n64:29:03:08. Display\r\nof original-issue plates on historic vehicles. Original-issue license\r\nplates displayed on historic vehicles registered under SDCL 32-5-77 as an alternative to displaying historic plates shall be displayed as follows:
\r\n\r\n\r\n(1) No replicas of original\r\nlicense plates issued by the state of South Dakota may be displayed on vehicles\r\nwhich qualify to display historic plates under SDCL 32-5-77;
\r\n\r\n\r\n(2) The plate usage\r\nrestrictions outlined under SDCL 32-5-77 for historic license plates apply to original plates used in lieu of historic plates; and
\r\n\r\n\r\n(3) For those years during\r\nwhich a single license plate was issued for use on registered vehicles, a\r\nsingle plate may be displayed on the historic vehicle if it is displayed on the\r\nrear of the vehicle.
\r\n\r\n\r\nSource:\r\n17 SDR 4, effective July 18, 1990.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-111.
\r\n\r\nLaw\r\nImplemented: SDCL 32-5-77, 32-5-77.2.
\r\n\r\n\r\n64:29:03:09. Temporary\r\nplates issued to tax-exempt vehicles. Temporary registration plates for\r\ntax-exempt vehicles are valid for not more than 30 days from the date of\r\nissuance. The temporary plates must be replaced with permanent metal license\r\nplates as soon as they are available.
\r\n\r\n\r\nSource:\r\n17 SDR 4, effective July 18, 1990; 23 SDR 117, effective January 27, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-111.
\r\n\r\n\r\n\r\n\r\n64:29:03:10. Confidential\r\nprocedure for certain license plates. A federal, state, or local law\r\nenforcement or criminal investigative agency desiring license plates whose\r\nownership is kept confidential may apply to the Division of Motor Vehicles on a\r\nform provided by the division. Such license plates may only be placed on\r\nunmarked vehicles used by the agency for crime detection.
\r\n\r\n\r\nThe division shall issue regular\r\nlicense plates to the agency and shall maintain the confidentiality of the\r\nlicense plate numbers by not listing them in the division's computer\r\nregistration files as belonging to the agency owning the vehicle. The division\r\nshall immediately notify the agency that owns the vehicle if it receives an\r\ninquiry regarding one of the confidential license plate numbers.
\r\n\r\n\r\nWhen an agency no longer needs a set\r\nof confidential license plates, the agency shall return the plates to the\r\ndivision.
\r\n\r\n\r\nSource:\r\n17 SDR 199, effective July 1, 1991.
\r\n\r\nGeneral\r\nAuthority: SDCL 32-5-111.
\r\n\r\n\r\n\r\n\r\n64:29:03:11. Special plate order permit. Any applicant who applies for a special plate must be issued a \"PLATE ORDERED\" permit at no charge. The permit is void after forty-five days or upon receipt of the actual special plate, whichever comes first.
Source: 35 SDR 48, effective September 8, 2008; SL 2015, ch 156, § 20, effective July 1, 2015; transferred from § 61:24:04:08; 50 SDR 157, effective July 1, 2024.
General Authority: SDCL 32-5-111, 32-7B-20.
Law Implemented: SDCL 32-5-111, 32-7B-20.
CHAPTER 64:29:04
ELECTRONIC REGISTRATION AND TITLE PROGRAM
64:29:04:01 Definitions.
64:29:04:02 ERT provider application--Contents--Contract required.
64:29:04:03 ERT provider annual fee--Due upon execution of the contract.
64:29:04:04 Responsibility for technical costs--Threshold established.
64:29:04:05 Collection of state fees and taxes--Remittance to department--Penalty for failure to remit.
64:29:04:06 Paper record retention required--Retention period established--Records subject to department inspection.
64:29:04:07 Compliance with technical requirements.
64:29:04:01. Definitions. Terms used in this chapter mean:
(1) \"Approved entity,\" any person who receives or transfers a vehicle title by sale, gift, or any means, and who is authorized by the department to use the ERT system to validate ownership and facilitate the assignment, reassignment, or transfer of title custody or ownership of a vehicle without a paper record;
(2) \"Department,\" Department of Revenue;
(3) \"ERT system,\" means a technology solution established under SDCL 32-3-69.1 by which title applications, title lien statements, certificates of title, and other supporting documents, signatures, and fees are entered and transmitted through the title application and registration process in an electronic format;
(4) \"ERT provider,\" a person who operates a program that provides title and registration services and is authorized by the department to act on behalf of the department and county treasurers in receiving, processing, and transmitting to the department registration applications and related fees; and
(5) \"Provider number,\" the unique identifying number assigned by the department to an ERT provider authorized to use the ERT system.
Source: 52 SDR 107, effective May 25, 2026.
General Authority: SDCL 32-3-57(9)(11).
Law Implemented: SDCL 32-3-69.1.
Cross-Reference: Definitions, SDCL 32-3-1.
64:29:04:02. ERT provider application--Contents--Contract required. Any person who wishes to be registered as an ERT provider shall submit a fully completed and signed application form prescribed by the department. The applicant shall submit the following information to the department:
(1) Name of entity seeking approval as an ERT provider;
(2) Employer Identification Number;
(3) Point of contact and relevant information needed to initiate contact;
(4) Name of all approved entities that the ERT provider works with in this state;
(5) South Dakota sales tax license number; and
(6) Acknowledgement by the ERT provider that technical costs required to connect the ERT provider to the ERT system are the responsibility of the ERT provider as established in § 64:28:16:05.
No applicant is authorized to act on behalf of the department of a county treasurer to provide ERT services until the application is approved by the department and an ERT provider contract is executed.
Source: 52 SDR 107, effective May 25, 2026.
General Authority: SDCL 32-3-57(9)(11).
Law Implemented: SDCL 32-3-69.1.
64:29:04:03. ERT provider annual fee--Due upon execution of the contract. ERT providers shall pay an annual fee of three hundred dollars. The fee is due on the contract's execution date and annually thereafter on the contract's execution date, for the remainder of the contract term.
Source: 52 SDR 107, effective May 25, 2026.
General Authority: SDCL 32-3-57(9)(10).
Law Implemented: SDCL 32-3-69.1, 32-3-70.
64:29:04:04. Responsibility for technical costs--Threshold established. An ERT provider is financially responsible for the technical costs incurred to connect to the ERT system, up to thirty thousand dollars, for the life of the first ERT contract.
Source: 52 SDR 107, effective May 25, 2026.
General Authority: SDCL 32-3-57(9)(10).
Law Implemented: SDCL 32-3-69.1, 32-3-70.
64:29:04:05. Collection of state fees and taxes--Remittance to the department--Penalty for failure to remit. An ERT provider shall collect fees and taxes on behalf of the department when processing vehicle transactions. The ERT provider shall remit these fees and taxes to the department on a daily basis, at a time to be established by mutual agreement of the department and ERT provider. In addition to any other remedy at law, if the ERT provider fails to timely remit these fees or taxes, the department may revoke the ERT provider's registration and eject the ERT provider from the ERT system and program.
Source: 52 SDR 107, effective May 25, 2026.
General Authority: SDCL 32-3-57(9).
Law Implemented: SDCL 32-3-69.1.
64:29:04:06. Paper record retention required--Retention period established--Records subject to department inspection. An approved entity shall ensure the retention of original paper documents, if not held electronically at the time of transfer, for a period of at least five years. The approved entity shall make these records available upon request for department inspection during business hours.
Source: 52 SDR 107, effective May 25, 2026.
General Authority: SDCL 32-3-57(9)(11).
Law Implemented: SDCL 32-3-69.1, 32-3-70.
Example: The phrase \"original paper documents\" includes original title paperwork and odometer disclosure statements.
64:29:04:07. Compliance with technical requirements. Prior to gaining live access to the ERT system, an ERT provider must comply with all technical testing and technical requirements as established by both the department and the department's system vendor.
Source: 52 SDR 107, effective May 25, 2026.
General Authority: SDCL 32-3-57(9)(11).
Law Implemented: SDCL 32-3-69.1, 32-3-70.