CHAPTER 32-5
ANNUAL REGISTRATION AND LICENSE PLATES
32-5-1 Motor vehicle defined.
32-5-1.1 32-5-1.1. Repealed by SL 1982, ch 225, § 2.
32-5-1.2 Mopeds exempt from chapter.
32-5-1.3 Farm vehicles exempt--Exceptions.
32-5-1.4 All-terrain vehicles used in agriculture exempt.
32-5-2 Application for registration--Contents--Failure to provide information as misdemeanor--Acceptance of incomplete or erroneous form prohibited.
32-5-2.1 Staggered registration of noncommercial vehicles.
32-5-2.2 Determination of month to register vehicle.
32-5-2.3 32-5-2.3. Repealed by SL 2007, ch 173, §§ 1, 49, eff. July 1, 2008.
32-5-2.4 Renewal of registration during assigned month--Expiration of staggered license plates or validation stickers--Violation as misdemeanor.
32-5-2.5 Registration of acquired motor vehicle--Application.
32-5-2.6 Early renewal--Fee for late renewal.
32-5-2.7 Removal of number plates required upon transfer or assignment of vehicle ownership--Credit for unexpired months--Violation as misdemeanor.
32-5-2.8 32-5-2.8. Repealed by SL 2007, ch 173, §§ 5, 49, eff. July 1, 2008.
32-5-2.9 Seller's permit for sold or transferred vehicle--Time for registration--Violation as misdemeanor.
32-5-2.10 Seller's report of sale--Violation as misdemeanor.
32-5-2.11 Fee for reassignment of license plate.
32-5-3 Information respecting owner of vehicle.
32-5-4 32-5-4. Repealed by SL 1987, ch 215, § 7.
32-5-4.1 Nonresident registration application--Issuance of nonnegotiable interstate title--Purpose and duration--Violation as misdemeanor.
32-5-4.2 Forwarding of nonnegotiable interstate title to department with application.
32-5-4.3 32-5-4.3. Repealed by SL 1988, ch 236, § 13.
32-5-5 Vehicle license fee based on weight--Certification of correct weight.
32-5-6 Schedule of fees for noncommercial automobiles, pickup trucks, and vans.
32-5-6.1 Schedule of fees for noncommercial motor homes.
32-5-6.2 32-5-6.2. Repealed by SL 1991, ch 239, § 10.
32-5-6.3 Schedule of fees for noncommercial vehicles other than automobiles, pickup trucks, or vans--Misdemeanor.
32-5-6.4 Registration of certain noncommercial motor vehicles for less than twelve months--Fee.
32-5-7 32-5-7. Repealed by SL 1977, ch 249, § 57.
32-5-8 Schedule of fees for recreational vehicles and noncommercial trailers and semitrailers.
32-5-8.1 Identification plate required for certain trailers or semitrailers--Display--Fee--Transfer of title.
32-5-8.2 Trailers or semitrailers with identification plates may only be pulled by certain motor vehicles--Violation as misdemeanor.
32-5-8.3 Temporary permit for certain noncommercial motor vehicles to pull identified trailer or semitrailer.
32-5-8.4 Additional fee when weight exceeds license.
32-5-9 Schedule of fees for motorcycles.
32-5-9.1 Fees for snowmobiles--Period of license--Payment before operation.
32-5-9.2 Disposition of snowmobile fees and initial registration tax.
32-5-9.3 Initial registration tax on snowmobiles--Failure to pay as misdemeanor.
32-5-10 32-5-10. Repealed by SL 1977, ch 249, § 57.
32-5-10.1 Motorcycle safety education fee--Amount and payment.
32-5-10.2 Motorcycle safety education fee--Deposit in special revenue fund.
32-5-10.3 Motorcycle safety education fee--Collection and remittance.
32-5-10.4 32-5-10.4, 32-5-10.5. Repealed by SL 1992, ch 222, §§ 1, 2.
32-5-11 32-5-11 to 32-5-16. Repealed by SL 1977, ch 249, § 57.
32-5-16.1 Mobile home or manufactured home license fee--Establishment of purchase price by bill of sale or retail book value--Fee in lieu of certain taxes--Exemption for certain entities.
32-5-16.2 Division of receipts from mobile home or manufactured home license fees.
32-5-16.3 Permit required to move mobile home or manufactured home--Valid for single trip--Conditional on tax payment--Fee--Disposition of fees--Dealer--Violation as misdemeanor.
32-5-16.4 32-5-16.4, 32-5-16.5. Repealed by SL 2005, ch 71, §§ 6, 7.
32-5-16.6 Penalties for owner's or lender's failure to obtain tax affidavit--Notification to department.
32-5-16.7 Penalties for transporter's, manufacturer's, or dealer's failure to obtain tax affidavit--Notification to department.
32-5-16.8 Single party not to be assessed multiple penalties.
32-5-16.9 Assessment based upon mistake of fact or error of law--Hearing--Appeal.
32-5-17 32-5-17, 32-5-18. Repealed by SL 1977, ch 249, § 57.
32-5-18.1 Licensing and compensation requirements applicable to highway construction or reconstruction--Special permits not required while engaged in construction.
32-5-19 32-5-19, 32-5-20. Repealed by SL 1977, ch 249, § 57.
32-5-21 Motorbus defined--Noncommercial fee--Gross maximum weight.
32-5-22 Unregistered motor vehicles.
32-5-23 Destruction of licensed vehicle or failure of vehicle to pass inspection--Removal of plates--Credit--Replacement of plates.
32-5-24 Refund of overpayments and erroneous payments--Return of registration and stickers--Time for application.
32-5-25 Dealer's license fee.
32-5-26 32-5-26. Repealed by SL 1989, ch 257, § 61.
32-5-27 Used out-of-state motor vehicles--Sale or resale--Title, taxes, and license--Exemptions--Violation as misdemeanor.
32-5-27.1 32-5-27.1. Repealed by SL 1990, ch 234, § 2A.
32-5-28 32-5-28. Repealed by SL 1988, ch 236, § 14.
32-5-29 Sales of vehicles prima facie evidence that seller is used car dealer--Particular parties excepted--Violations--Misdemeanor.
32-5-30 Fee for noncommercial vehicles more than ten years old.
32-5-31 32-5-31. Repealed by SL 1985, ch 241, § 12.
32-5-31.1 32-5-31.1. Transferred to § 32-5B-13.
32-5-31.2 32-5-31.2, 32-5-32. Repealed by SL 1985, ch 241, §§ 14, 15.
32-5-32.1 32-5-32.1. Transferred to § 32-5B-12.
32-5-33 32-5-33. Repealed by SL 1985, ch 241, § 17.
32-5-34 32-5-34. Repealed by SL 1980, ch 213, § 5.
32-5-35 32-5-35. Transferred to § 32-5B-6.
32-5-36 32-5-36. Transferred to § 32-5B-8.
32-5-37 32-5-37 to 32-5-41.5. Repealed by SL 1977, ch 249, § 57.
32-5-42 Registration--Vehicles--Costs.
32-5-42.1 Nonprofit community support provider vehicles--Registration--Plates--Disposition of costs.
32-5-42.2 Registration of mass transit vehicles owned by state, municipality, or county--Costs--Vehicles purchased with federal funds.
32-5-43 Identifying markings of state-owned vehicles--Exceptions--License plates.
32-5-44 Plates without yearly designation--Distinctive color--Yearly renewal dispensed with.
32-5-45 Exemption of mobile homes purchased outside state.
32-5-46 Vehicles owned by nonresidents--Compliance with laws of foreign state--Display of foreign license plates.
32-5-47 Definition of nonresident.
32-5-47.1 Military personnel, domestic volunteers, and dependents as nonresidents.
32-5-48 Reciprocity required.
32-5-49 32-5-49. Repealed by SL 1992, ch 208, § 3.
32-5-49.1 Registration not required for nonresident harvest vehicles during harvest season--Compensation certificate required--Violation a misdemeanor.
32-5-50 Dealers participating in driver education program--Application to department--Fee--Violation as misdemeanor.
32-5-51 License plate design--Operation on highways.
32-5-52 Radius of use of vehicle--Size of first or second class municipality--Violation as misdemeanor.
32-5-54 32-5-54. Repealed by SL 1977, ch 249, § 57.
32-5-55 32-5-55 to 32-5-56.1. Repealed by SL 2014, ch 142, §§ 16 to 19.
32-5-57 32-5-57, 32-5-58. Repealed by SL 1992, ch 208, §§ 4, 5.
32-5-59 32-5-59. Repealed by SL 2014, ch 142, § 20.
32-5-60 32-5-60. Repealed by SL 1986, ch 242, § 41.
32-5-61 32-5-61 to 32-5-64. Repealed by SL 2014, ch 142, §§ 21 to 24.
32-5-65 Special plates for commercial radio or broadcasting companies--Fee--Surrender of plates--Violation as misdemeanor.
32-5-65.1 Special plates for amateur radio licensees--Fee--Surrender of plates--Violation as misdemeanor.
32-5-66 32-5-66. Repealed by SL 2007, ch 173, §§ 24, 49, eff. July 1, 2008.
32-5-67 License plate special revenue fund.
32-5-68 32-5-68 to 32-5-74. Repealed by SL 1977, ch 249, § 57.
32-5-75 32-5-75. Repealed by SL 2001, ch 164, § 1.
32-5-76 Special plates for person with substantial physical disability or parent or guardian of dependant with substantial physical disability--Violation as misdemeanor.
32-5-76.1 Portable certificates for persons with substantial disabilities--Application--Physician's certificate--Rules--Surrender of certificate--Violations as misdemeanors.
32-5-76.2 Portable certificates for nonprofit organizations, hospitals, local government entities, etc.--Application--Rules--Surrendering certificate--Violations as misdemeanors.
32-5-76.3 Special plates for nursing facilities transporting persons with disabilities--Parking--Surrender of plates--Violation as misdemeanor.
32-5-77 Historical license plates--Application and fee--Permanent plates--Use of vehicle restricted.
32-5-77.1 32-5-77.1. Repealed by SL 1986, ch 242, § 15.
32-5-77.2 Display of original number plates on historical vehicles.
32-5-77.3 32-5-77.3. Repealed by SL 2018, ch 180, § 3.
32-5-78 General license fees in lieu of other taxes against vehicle.
32-5-79 32-5-79. Repealed by SL 2007, ch 173, §§ 11, 49, eff. July 1, 2008.
32-5-80 Registration of motorcycles.
32-5-81 Application to county treasurer--Issuance of distinctive number plate--Fuel used by vehicle--Failure to identify fuel as misdemeanor.
32-5-82 Delivery or mailing of plates or stickers--Fees--Plates to be stocked at county treasurer office.
32-5-82.1 Number stickers--Evidence of current registration.
32-5-83 Design of number plates--Color contrast.
32-5-83.1 Color of number stickers--Contrast with plates.
32-5-84 Composition of number plates--Size of figures--Snowmobile tags.
32-5-84.1 Composition of stickers.
32-5-84.2 Snowmobile license must be attached.
32-5-85 Number of plates issued.
32-5-86 Reflectorized plates--Determination by department--Elimination of bids deemed not feasible.
32-5-87 32-5-87. Repealed by SL 1977, ch 249, § 57.
32-5-88 Mount Rushmore design--Costs and feasibility.
32-5-89 Determination of characteristics of plate--Dealers' plates.
32-5-89.2 Special personalized license plates as replacement for regular plates--Restrictions.
32-5-89.3 Application for personalized plates--Fees--Validation each year with stickers--Fee disposition.
32-5-89.4 Transfer of vehicle--Removal of personalized plate required until transfer approved by secretary--Violation as petty offense.
32-5-89.5 Replacement of lost, mutilated, or destroyed personalized plates--Affidavit--Fee--Disposition of fee.
32-5-89.6 32-5-89.6. Repealed by SL 2007, ch 173, §§ 30, 49, eff. July 1, 2008.
32-5-90 Registration--Contents--Registration number.
32-5-90.1 Abstract of registration information--Fee.
32-5-90.2 32-5-90.2. Repealed by SL 2001, ch 165, § 9.
32-5-91 Inspection of registration by peace officer--Possession of registration--Violation as petty offense.
32-5-92 Lost certificate of registration--Duplicate--Fee.
32-5-93 Forwarding applications to department.
32-5-94 Application and registration of vehicle--Manner to facilitate retrieval.
32-5-95 32-5-95. Repealed by SL 1989, ch 257, § 97.
32-5-96 32-5-96. Repealed by SL 1985, ch 241, § 21.
32-5-97 Separate numbering of different types of vehicles.
32-5-97.1 Farm vehicles--Decals.
32-5-97.2 32-5-97.2. Repealed by SL 2007, ch 173, §§ 16, 49, eff. July 1, 2008.
32-5-98 Operation of motor vehicle without visible license plates prohibited-- Removal of unauthorized plates--Violation as misdemeanor.
32-5-99 Loss of plates--Issuance of duplicates--Affidavit--Fee--Disposition of fee--Report of loss.
32-5-99.1 32-5-99.1. Repealed by SL 1992, ch 208, § 7.
32-5-99.2 32-5-99.2. Repealed by SL 1987, ch 217, § 2.
32-5-100 Plates as state property.
32-5-101 Operation of vehicle while registration is suspended--Misdemeanor.
32-5-102 Prosecution for assault or homicide not barred--Civil action.
32-5-103 Trafficking in license plates or decals--Counterfeiting--Unauthorized transfer to another vehicle--Misdemeanor.
32-5-103.1 Alteration or forgery of registration card--Felony.
32-5-104 32-5-104. Repealed by SL 1989, ch 255, § 12; SL 1989, ch 257, § 102.
32-5-105 32-5-105. Repealed by SL 1989, ch 255, § 17; SL 1989, ch 257, § 103.
32-5-106 32-5-106. Repealed by SL 2014, ch 144, § 10.
32-5-107 Temporary permit for person in possession of title or bill of sale--Inspection of title or bill of sale--Fee--Application--Exclusion.
32-5-108 32-5-108 to 32-5-109.7. Repealed by SL 2014, ch 142, §§ 25 to 33.
32-5-110 Commemorative or souvenir license plates--Use for general transportation purposes.
32-5-111 Promulgation of rules--Duty of local officials.
32-5-112 Duties of county treasurers.
32-5-113 Special firefighter or advanced life support personnel plates--Authorized--Design.
32-5-114 Special firefighter, retired firefighter, or advanced life support personnel plates--Fee.
32-5-115 Time for retention of firefighter's plates.
32-5-116 Application to Department of Revenue for special firefighter plates.
32-5-117 32-5-117. Repealed by SL 2007, ch 173, §§41, 49, eff. July 1, 2008 .
32-5-118 Special firefighter or advanced life support personnel plates--Application to county treasurer--Registration fee.
32-5-119 Failure to apply for firefighters or advanced life support personnel plates.
32-5-120 Special firefighter or advanced life support personnel plates--Surrender upon discharge, separation, or retirement--Exception.
32-5-121 Special firefighter or advanced life support personnel plates--Transfer.
32-5-122 Special firefighter or advanced life support personnel plates--Applicability of state motor vehicle laws.
32-5-123 Special plates identifying Indian tribes.
32-5-124 Fee for Indian tribe license plates.
32-5-125 Replacement of Indian tribe license plates.
32-5-126 Certain trailers licensed more than one year--Fee.
32-5-127 Additional charges for decals and plates mailed to owner.
32-5-128 Exemption from excise tax for motor vehicles leased to tax exempt entities.
32-5-129 32-5-129 to 32-5-135. Repealed by SL 2014, ch 144, §§ 3 to 9.
32-5-136 32-5-136 to 32-5-139.6. Repealed by SL 2014, ch 143, § 13 to 22.
32-5-140 Repealed by SL 2012, ch 164, § 1.
32-5-141 32-5-141. Repealed by SL 2007, ch 173, §§ 48, 49, eff. July 1, 2008.
32-5-142 Suspension of registration, title, or license if distress warrant issued--Credit for fee paid.
32-5-143 Definitions.
32-5-144 Disclosure of personal information contained in motor vehicle records prohibited--Exceptions.
32-5-145 Personal information to be disclosed for certain purposes.
32-5-146 Disclosure to one who has subject's consent.
32-5-147 Disclosure on proof of identity of requestor and representation of use for certain limited purposes.
32-5-148 Department may impose conditions on requesting person.
32-5-149 Retention of records by certain recipients.
32-5-150 Misrepresentation by requesting person as misdemeanor--Use of personal information to commit crime of violence as felony.
32-5-151 Person in possession of title or certificate authorized to renew registration--Misrepresentation as misdemeanor.
32-5-152 Low-speed vehicles.
32-5-153 Highway patrol fee.
32-5-154 Definitions regarding military specialty plates.
32-5-155 Military specialty plates listed.
32-5-156 General requirements for military specialty plates.
32-5-157 Specific additional requirements for military specialty plates.
32-5-157.1 Disabled veteran--Lower fees for plates, renewal decals, registration.
32-5-158 Application for military specialty plate--Falsification of application as misdemeanor--Determination of eligibility.
32-5-159 Fee for initial issuance of military specialty plates.
32-5-160 Certain military specialty plates not subject to annual registration fees--Maximum sets--Permissible vehicles.
32-5-161 Reflectorized military specialty plates--Annual decals--Permissible vehicles--Display.
32-5-162 Number and design of military specialty plates--Requirements.
32-5-163 Surrender of military specialty plates--Death of owner--Violation as misdemeanor.
32-5-164 Transfer of ownership of vehicle with military specialty plate--Credit--Violation as misdemeanor.
32-5-165 Destruction, salvage, or condemnation of vehicle with military specialty plate--Credit--Replacement--Violation as misdemeanor.
32-5-166 Duplicate military specialty plates upon loss, mutilation, or destruction.
32-5-167 Emblem specialty plates listed.
32-5-168 Eligibility for emblem specialty plates.
32-5-168.1 State seal--Emblem set.
32-5-168.2 State seal emblem fee--Motor vehicle fund.
32-5-168.3 State seal emblem design.
32-5-169 Reflectorized emblem specialty plates--Annual stickers--Permissible vehicles--Contents.
32-5-170 Fee for emblem specialty plates.
32-5-171 Transfer of ownership of vehicle with emblem specialty plate--Credit--Violation as misdemeanor.
32-5-172 Destruction, salvage, or condemnation of vehicle with emblem specialty plate--Credit-- Replacement--Violation as misdemeanor.
32-5-173 Duplicate emblem specialty plates upon loss, mutilation, or destruction.
32-5-174 Retention time for emblem specialty plates.
32-5-175 Application for emblem to be used on emblem specialty plate.
32-5-176 General requirements for emblem specialty plates.
32-5-177 Specific additional requirements for emblem specialty plates.
32-5-178 Emblem specialty plates--Administration--Fees--Violation as misdemeanor.
32-5-179 Special interest motor vehicle plates--Application.
32-5-180 Design of special interest motor vehicle plates--Decals--Rear plates.
32-5-181 Fees for special interest motor vehicle plates.
32-5-182 Contents of application for special interest motor vehicle plate--Renewal.
32-5-183 Misuse of special interest motor vehicle plate.
32-5-184 Dignity sculpture special plates.
32-5-185 Fee for <i>Dignity</i> sculpture plates.
32-5-186 Lost, stolen, or mutilated <i>Dignity</i> sculpture plate.
32-5-187 Electric bicycle exempt from chapter.
32-5-188 Electric motor vehicle--Annual fee--Definitions.
32-5-189 Nonresident off-road vehicles--Decal--Use of vehicle on public highways--Where affixed.
32-5-190 Nonresident off-road vehicles--Application--Fee.
32-5-191 Off-road vehicles--Distribution of fees collected.
32-5-192 Retired firefighter specialty plates--Requirements--Design.
32-5-193 Retired firefighter specialty plates--Application--Penalty for falsifying.
32-5-194 Habitat conservation specialty plates.
32-5-195 Habitat conservation specialty plates--Fee.
32-5-196 Habitat conservation specialty plates--Design.
32-5-197 Habitat conservation specialty plates--Administration--Emblem fee--Game, fish and parks fund.
32-5-198 Habitat conservation specialty plates--Emblem use--Violation as misdemeanor.
32-5-199 Habitat conservation specialty plates--Transfer or replacement.
32-5-200 Chapter exclusion--Multi-passenger quadricycle.
32-5-1. Motor vehicle defined.
In this chapter, the term, motor vehicle, includes all vehicles or machines, trailers, semitrailers, recreational vehicles, truck tractors, road tractors, and motorcycles propelled by any power other than muscular and used upon the public highways for the transportation of persons or property, or both.
Source: SDC 1939, § 44.0101; SL 1961, ch 217; SL 1970, ch 168, § 1; SL 1970, ch 169, § 1; SL 1974, ch 92, §§ 4 to 6; SL 1975, ch 196, § 3; SL 1977, ch 249, §§ 1 to 3; SL 1978, ch 224, § 18; reenacted 1988, ch 27, § 5.
32-5-1.2. Mopeds exempt from chapter.
Mopeds as defined in § 32-20-1 are exempt from the provisions of this chapter unless the applicant wishes to license a moped.
Source: SL 1978, ch 230, § 9; SL 1989, ch 257, § 50.
32-5-1.3. Farm 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, § 4; SL 1986, ch 242, § 7.
32-5-1.4. All-terrain vehicles used in agriculture exempt.
Any three-wheeled or four-wheeled all-terrain vehicle using a highway ditch or crossing a highway to get to and from a field or pasture and being used in the course of farm or ranch labor is exempt from the provisions of this chapter.
Source: SL 1985, ch 242.
32-5-2. Application for registration--Contents--Failure to provide information as misdemeanor--Acceptance of incomplete or erroneous form prohibited.
Every owner, or with written authorization, any other person as defined by subdivision 2-14-2(18) on behalf of and as the agent for the owner, of a motor vehicle, motorcycle, truck tractor, road tractor, trailer or semitrailer, or recreational vehicle or trailer, which is operated or driven upon the public highways of this state, shall, except as otherwise expressly provided, present to the county treasurer of the owner's county, or, in case of a nonresident of this state, the treasurer of any county, application for the registration of that vehicle. The application form shall be furnished by the department and shall contain but not be limited to the following information:
(1) The number of cylinders or the bore and stroke of each cylinder;
(2) The manufacturer's weight;
(3) Whether the vehicle operates on diesel fuel, liquified petroleum gas, gasoline, or any other special fuel;
(4) The make, model, body, year, color, and vehicle identification number of the vehicle;
(5) The odometer reading; and
(6) The purchase price and the name and address of the seller, buyer, and lienholder, if any.
Any person who fails to provide the above information to the county treasurer or the department is guilty of a Class 2 misdemeanor. The department or the county treasurer may not accept an incomplete application form or an application form which the department considers erroneous.
Source: SDC 1939, § 44.0102; SL 1949, ch 161; SL 1967, ch 181; SL 1983, ch 100, § 74; SL 1988, ch 236, § 10; SL 1989, ch 255, § 13; SL 1989, ch 257, § 51; SL 2000, ch 141, § 3.
32-5-2.1. Staggered registration of noncommercial vehicles.
The annual registration of noncommercial vehicles shall be staggered throughout the year excluding the months of April, October, and December.
Source: SL 1987, ch 215, § 1; SL 2018, ch 177, § 1.
32-5-2.2. Determination of month to register vehicle.
The first letter of the owner's last name shall determine the month in which a noncommercial vehicle owner shall register the vehicle. For a corporation or limited liability company, the first letter in its name shall be used. The registration shall proceed as follows:
January |
A, B |
February |
C, D, E |
March |
F, G, J |
May |
H, I, O |
June |
K, L |
July |
M, N |
August |
P, Q, R |
September |
S |
November |
T, U, V, W, X, Y, Z |
The secretary may promulgate rules pursuant to chapter 1-26 to allow owners with different last names living in the same household to register their noncommercial vehicles in the same month.
Source: SL 1987, ch 215, § 2; SL 1989, ch 257, § 52; SL 2014, ch 139, § 2.
32-5-2.4. Renewal of registration during assigned month--Expiration of staggered license plates or validation stickers--Violation as misdemeanor.
All owners shall continue to renew the registrations of their vehicles during the month assigned to the first initial of their last name. Each registration fee shall be prorated on a monthly basis. All license plates or validation stickers issued on a staggered basis shall expire on the last day of the month assigned for the renewal of registration by § 32-5-2.2. If a person operates a motor vehicle without the current license plate displaying the proper validation sticker he is guilty of a Class 2 misdemeanor.
Source: SL 1987, ch 215, § 4; SL 1990, ch 232; SL 2007, ch 173, § 2.
32-5-2.5. Registration of acquired motor vehicle--Application.
A person who acquires a motor vehicle required to be annually registered shall, at the time of application and no later than forty-five days after the date of purchase apply for a certificate of title or transfer of title, register the vehicle until the appropriate month assigned to the person for renewal by § 32-5-2.2.
Source: SL 1987, ch 215, § 5; SL 1990, ch 230, § 12; SL 1993, ch 219, § 5; SL 2005, ch 158, § 4; SL 2007, ch 173, § 3, eff. July 1, 2008; SL 2016, ch 154, § 1.
32-5-2.6. Early renewal--Fee for late renewal.
A person may renew a noncommercial vehicle registration anytime less than ninety days prior to the vehicle's registration expiration date. Any person who renews a noncommercial vehicle registration after the date of expiration shall pay the full year's fee required by this chapter to license the vehicle until the appropriate month assigned for renewal by § 32-5-2.2. However, this requirement to pay the full year's fee does not apply to noncommercial motor vehicles licensed pursuant to § 32-5-6.3 or 32-5-6.4.
Source: SL 1987, ch 215, § 6; SL 1992, ch 209.
32-5-2.7. Removal of number plates required upon transfer or assignment of vehicle ownership--Credit for unexpired months--Violation as misdemeanor.
If the ownership of a vehicle registered pursuant to the provisions of this chapter is transferred or assigned, the transferor shall remove the number plates from the vehicle and shall receive credit for the unexpired months at the time the plates are attached to another vehicle. No refund may be issued if the plate is detached and not reattached. If the transferor fails to remove the number plates pursuant to this section, the transferor loses any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.
Source: SL 2005, ch 158, § 1; SL 2007, ch 173, § 4.
32-5-2.9. Seller's permit for sold or transferred vehicle--Time for registration--Violation as misdemeanor.
If a vehicle is sold or transferred, the seller shall provide the purchaser with a seller's permit that allows for the movement of the vehicle until registered but no later than forty-five days from the date of purchase. Failure to comply with this section is a Class 2 misdemeanor.
Source: SL 2005, ch 158, § 3; SL 2007, ch 173, § 6, eff. July 1, 2008; SL 2016, ch 154, § 2.
32-5-2.10. Seller's report of sale--Violation as misdemeanor.
At the time of sale of a vehicle, the seller shall file a report of sale with the department indicating the purchaser's name and address. Failure to file such a report is a Class 2 misdemeanor.
Source: SL 2007, ch 173, § 12, eff. July 1, 2008.
32-5-2.11. Fee for reassignment of license plate.
A five dollar fee shall be assessed for any reassignment of a license plate or set of plates.
Source: SL 2009, ch 150, § 2.
32-5-3. Information respecting owner of vehicle.
The application required by § 32-5-2 shall also state the name of each owner along with the owner's South Dakota driver license number or social security number, or, if a business, the federal employer identification number, of the motor vehicle, the owner's residence post office address or the owner's business address, including county, and if in a first or second class municipality, the street number.
Source: SDC 1939, § 44.0102; SL 1949, ch 161; SL 1967, ch 181; SL 1989, ch 257, § 53; SL 1992, ch 60, § 2; SL 2007, ch 173, § 7.
32-5-4.1. Nonresident registration application--Issuance of nonnegotiable interstate title--Purpose and duration--Violation as misdemeanor.
Any person who is an owner of a motor vehicle, motorcycle, truck tractor, road tractor, trailer, semitrailer, or recreational vehicle or trailer, who is required to apply for registration under chapter 32-3, 32-5, 32-5B, 32-9, or 32-10, and whose legal residence or chief place of business is outside the state, shall submit an application, a copy of a valid title or registration from another jurisdiction and payment of all applicable fees to the department. Upon receipt of such information, the department shall issue a nonnegotiable interstate title. A nonnegotiable title is not a valid legal document for any purpose or transaction except to make application for yearly South Dakota registration. The nonnegotiable title is valid as long as title ownership remains the same. A violation of this section is a Class 2 misdemeanor.
Source: SL 1969, ch 179; SL 1988, ch 236, § 11; SL 1989, ch 255, § 14; SL 1989, ch 257, § 54.
32-5-4.2. Forwarding of nonnegotiable interstate title to department with application.
The county treasurer shall forward each nonnegotiable interstate title to the department with the application for registration. The department shall determine that such certificate was valid at the time of application for registration.
Source: SL 1969, ch 179; SL 1988, ch 236, § 12.
32-5-5. Vehicle license fee based on weight--Certification of correct weight.
Vehicle license fees provided by this chapter are based, except as otherwise specifically provided, upon manufacturers' weights, including accessories. If a noncommercial motor vehicle is an automobile, pickup truck, or van with a manufacturer's shipping weight, including accessories, of ten thousand pounds or less, the license fees for such a motor vehicle shall be as provided by § 32-5-6. However, if the noncommercial motor vehicle is a pickup truck that weighs more than six thousand pounds, the owner has the choice of paying the license fees pursuant to § 32-5-6 or paying the license fees based on the gross weight of the motor vehicle as provided in § 32-5-6.3. The license fees for a noncommercial motor home are as provided by § 32-5-6.1. The license fees for a motorcycle are as provided by § 32-5-9. The license fees for a snowmobile are as provided by § 32-5-9.1. The license fees for any other noncommercial motor vehicle are based on the gross weight of the motor vehicle and are as provided in § 32-5-6.3. If the department determines the actual dry weight of any model vehicle with accessories to be at variance with the manufacturers' shipping weight, the department shall certify the correct weight to be used in determining fees. These fees shall be assessed and paid annually. Upon initial registration of a vehicle, the fees shall be assessed based upon the date of sale.
Source: SDC 1939, § 44.0107; SL 1965, ch 179, § 1; SL 1989, ch 257, § 55; SL 1991, ch 239, § 1; SL 1999, ch 59, § 5; SL 2007, ch 173, § 8.
32-5-6. Schedule of fees for noncommercial automobiles, pickup trucks, and vans.
License fees and compensation on a noncommercial motor vehicle which is an automobile, pickup truck, or van as provided by § 32-5-5, shall be determined by the manufacturer's shipping weight, including accessories, as follows:
(1) Two thousand pounds or less, inclusive, thirty-six dollars;
(2) From 2,001 to 4,000 pounds, inclusive, seventy-two dollars;
(3) From 4,001 to 6,000 pounds, inclusive, one hundred eight dollars; and
(4) Over 6,000 pounds, one hundred forty-four dollars.
Source: SDC 1939, § 44.0107 (1); SL 1977, ch 249, § 5; SL 1989, ch 257, § 56; SL 1990, ch 233, § 2; SL 1991, ch 239, § 2; SL 1992, ch 26, § 7; SL 1999, ch 59, § 2; SL 2011, ch 139, § 1; SL 2011, ch 139, § 11, eff. July 1, 2013; SL 2015, ch 165, § 12, eff. Apr. 1, 2015.
32-5-6.1. Schedule of fees for noncommercial motor homes.
License fees for any noncommercial motor home shall be determined by the manufacturer's shipping weight, including accessories, as follows:
(1) Six thousand pounds or less, inclusive, one hundred eight dollars;
(2) From 6,001 to 8,000 pounds, inclusive, one hundred forty-four dollars;
(3) From 8,001 to 10,000 pounds, inclusive, one hundred eighty dollars; and
(4) For each additional 2,000 pounds or major fraction thereof, in excess of 10,000 pounds, thirty-six dollars.
For the purposes of this section, a motor home is a vehicle designed to provide temporary living quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.
Source: SL 1979, ch 207, §§ 1, 2; SL 1991, ch 239, § 4; SL 1999, ch 59, § 3; SL 2011, ch 139, § 3; SL 2011, ch 139, § 13, eff. July 1, 2013; SL 2015, ch 165, § 14, eff. Apr. 1, 2015.
32-5-6.3. Schedule of fees for noncommercial vehicles other than automobiles, pickup trucks, or vans--Misdemeanor.
License fees on a noncommercial motor vehicle which is not an automobile, pickup truck, or van licensed pursuant to § 32-5-6 shall be determined by the gross weight of the motor vehicle as defined by subdivision 32-9-1(6), and based on the following:
(1) Eight thousand pounds or less, inclusive, one hundred twenty dollars;
(2) For each additional 2,000 pounds or major fraction thereof from 8,001 to 20,000 pounds, inclusive, twelve dollars; and
(3) For a vehicle in excess of 20,000 pounds, from July 1, 2015, to June 30, 2016, inclusive, the total license fee shall be seventy percent of the total license fee established for commercial vehicles of equivalent weight pursuant to § 32-9-15. On and after July 1, 2016, the total license fee shall be eighty percent of the total license fee established for commercial vehicles of equivalent weight pursuant to § 32-9-15.
It is a Class 2 misdemeanor for a person to operate a motor vehicle licensed pursuant to this section at a gross weight in excess of the gross weight for which it has been licensed. If the owner chooses to lower the registered weight, the plate shall be returned along with any validation decal and a new plate issued with the correct registered weight.
Notwithstanding the provisions of § 32-11-4.1, all funds collected pursuant to this section shall be distributed as follows:
(1) One and three-fourths percent shall be credited to the state motor vehicle fund;
(2) Two and one-half percent shall be credited to the state license plate special revenue fund;
(3) One-fourth of one percent shall be credited to the county treasurer fund to cover expenses for supplies such as toner, paper, etc.;
(4) Sixty-seven percent shall be credited to the county road and bridge fund;
(5) Twenty-three percent shall be placed in the special highway fund and shall be distributed to the townships in accordance with §§ 32-11-5 to 32-11-7, inclusive; and
(6) Five and one-half percent shall be distributed to municipalities within the county in accordance with subdivision 32-11-4.1(3).
Source: SL 1991, ch 239, § 3; SL 1999, ch 59, § 4; SL 2007, ch 173, § 9, eff. July 1, 2008; SL 2011, ch 139, § 2; SL 2011, ch 139, § 12, eff. July 1, 2013; SL 2015, ch 165, § 13, eff. Apr. 1, 2015; SL 2016, ch 155, § 1.
32-5-6.4. Registration of certain noncommercial motor vehicles for less than twelve months--Fee.
The owner of any noncommercial motor vehicle which would be required to pay a license fee based on the gross weight of the motor vehicle as provided by § 32-5-6.3 may register the vehicle for a period of three to eight months, inclusive, in lieu of an annual registration. The fee for such a registration shall be one-twelfth of the annual license fee for the motor vehicle as determined pursuant to § 32-5-6.3 multiplied by the number of months for which the motor vehicle is to be registered, however in no event shall the fee be less than fifteen dollars. This section does not apply to any recreational vehicle as defined by § 32-3-1.
If the owner of the motor vehicle registers such motor vehicle more than once each year pursuant to this section, the owner shall pay upon the second or subsequent registration pursuant to this section a ten dollar administrative fee for each license issued pursuant to this section. The administrative fee shall be retained by the county to cover administrative costs.
Source: SL 1991, ch 239, § 9; SL 1993, ch 221, § 1.
32-5-8. Schedule of fees for recreational vehicles and noncommercial trailers and semitrailers.
License fees and compensation for any recreational vehicle as defined in § 32-3-1 or for any noncommercial trailer and semitrailer, for use of the highways payable pursuant to § 32-5-5 and pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to § 32-5-6, shall be determined upon the basis of their actual weight as follows:
(1) One thousand pounds or less, inclusive, eighteen dollars;
(2) From 1,001 to 2,000 pounds, inclusive, thirty-six dollars;
(3) From 2,001 to 3,000 pounds, inclusive, fifty-four dollars;
(4) From 3,001 to 4,000 pounds, inclusive, seventy-two dollars;
(5) From 4,001 to 5,000 pounds, inclusive, ninety dollars;
(6) From 5,001 to 6,000 pounds, inclusive, one hundred eight dollars;
(7) From 6,001 to 7,000 pounds, inclusive, one hundred twenty-six dollars;
(8) From 7,001 to 8,000 pounds, inclusive, one hundred forty-four dollars;
(9) From 8,001 to 9,000 pounds, inclusive, one hundred sixty-two dollars;
(10) From 9,001 to 10,000 pounds, inclusive, one hundred eighty dollars; and
(11) For each additional 1,000 pounds or major fraction thereof, in excess of 10,000 pounds, eighteen dollars.
Any trailer or semitrailer licensed pursuant to this section may be pulled by a noncommercial motor vehicle licensed pursuant to § 32-5-8.1 or a commercially licensed motor vehicle if the motor vehicle is registered at a gross weight to cover the weight of the trailer and its load.
Source: SDC 1939, § 44.0107 (4); SL 1955, ch 156; SL 1977, ch 249, § 6; SL 1991, ch 239, § 5; SL 1999, ch 59, § 6; SL 2011, ch 139, § 4; SL 2011, ch 139, § 14, eff. July 1, 2013; SL 2015, ch 165, § 15, eff. Apr. 1, 2015.
32-5-8.1. Identification plate required for certain trailers or semitrailers--Display--Fee--Transfer of title.
Each trailer or semitrailer pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to § 32-5-6.3 shall have an identification plate displayed in a conspicuous manner. The fee for the identification plate is ten dollars. The identification plate is valid for the useful life of the trailer or semitrailer. However, if the title to the trailer or semitrailer is transferred, the new owner shall within forty-five days of the date of transfer make application to the department for a new identification plate. All revenue raised by the fees shall be placed in the license plate special revenue fund. However, no identification plate may be displayed on a recreational vehicle as defined in § 32-3-1. A recreational vehicle shall be licensed pursuant to § 32-5-8.
Source: SL 1991, ch 239, § 6; SL 1999, ch 59, § 7; SL 2016, ch 154, § 3.
32-5-8.2. Trailers or semitrailers with identification plates may only be pulled by certain motor vehicles--Violation as misdemeanor.
A trailer or semitrailer licensed with an identification plate pursuant to § 32-5-8.1 may only be pulled by a noncommercial motor vehicle licensed pursuant to § 32-5-6.3 or a commercially licensed motor vehicle except as provided by § 32-5-8.3. Any violation of this section is a Class 2 misdemeanor.
Source: SL 1991, ch 239, § 7.
32-5-8.3. Temporary permit for certain noncommercial motor vehicles to pull identified trailer or semitrailer.
A noncommercial motor vehicle licensed pursuant to § 32-5-6 may pull a trailer or semitrailer with an identification plate issued pursuant to § 32-5-8.1 if the operator of the noncommercial motor vehicle has a temporary vehicle operating permit. The permit shall be issued by the county treasurer for a period of five to fifteen consecutive days. The fee for the permit is one dollar per day. The permit shall be good for the number of days for which issued including the day on which issued.
Source: SL 1991, ch 239, § 8.
32-5-8.4. Additional fee when weight exceeds license.
Any owner of a motor vehicle licensed for fifty thousand pounds or more in accordance with the provisions of § 32-5-6.3 or 32-5-8, who operates upon the public highway or allows to be operated thereon, any motor vehicle the weight of which, together with its load, exceeds the gross weight for which the vehicle is licensed, shall be deemed to have specified such greater weight and to have agreed to pay the appropriate fee and shall pay the amount of the appropriate fee which exceeds the amount of the fee actually paid, for the remainder of the registration period. Such additional amount is compensation and not a penalty or fine, and the payment thereof does not constitute a defense or bar to conviction for such, or any other violation of this chapter.
Source: SL 1993, ch 219, § 6.
32-5-9. Schedule of fees for motorcycles.
License fees and compensation for use of the highways payable pursuant to § 32-5-5 for motorcycles shall be determined by the piston displacement as follows:
(1) Less than three hundred fifty cubic centimeters, eighteen dollars;
(2) Three hundred fifty to one thousand cubic centimeters, inclusive, twenty-one dollars; and
(3) Greater than one thousand cubic centimeters, twenty-four dollars.
The license fee for any motorcycle propelled by an electric motor that draws power from a battery that is capable of being recharged is the highest fee level authorized by this section.
Source: SDC 1939, § 44.0107 (2); SL 1970, ch 170; SL 1977, ch 249, § 7; SL 1978, ch 224, § 1; SL 1999, ch 59, § 8; SL 2011, ch 139, § 5; SL 2011, ch 139, § 15, eff. July 1, 2013; SL 2015, ch 158, § 1; SL 2015, ch 165, § 16, eff. Apr. 1, 2015.
32-5-9.1. Fees for snowmobiles--Period of license--Payment before operation.
License fees for snowmobiles, payable under § 32-5-5, shall be ten dollars per snowmobile for a one-year period. The fees shall be prorated monthly and the snowmobile registered in the same manner as motor vehicles pursuant to §§ 32-5-2.2 and 32-5-2.6. Payment of the snowmobile license fee shall be made prior to the operation of, or permitting the operation of, any snowmobile within this state except as specified under § 32-20A-15.
Source: SL 1971, ch 182, § 16; SL 1979, ch 222, § 1; SL 1986, ch 243, § 1; SL 1988, ch 240; SL 2008, ch 151, § 1; SL 2012, ch 160, § 1.
32-5-9.2. Disposition of snowmobile fees and initial registration tax.
Two dollars of each fee collected under § 32-5-9.1 shall be credited to the motor vehicle fund and the balance of the license fees and the three percent initial registration tax shall be credited to a special revenue fund to be established and known as the snowmobile trails fund.
Source: SL 1971, ch 182, § 16; SL 1973, ch 197, § 1; SL 1974, ch 209; SL 1981, ch 232, § 1; SL 1984, ch 30, § 36; SL 1986, ch 243, § 2; SL 1986, ch 244, § 2.
32-5-9.3. Initial registration tax on snowmobiles--Failure to pay as misdemeanor.
In addition to the license fee in § 32-5-9.1, there shall be assessed on each snowmobile registered a three percent excise tax on the purchase price less trade difference. The fee and tax shall be collected pursuant to § 32-20A-15. Failure to pay the full amount of tax due is a Class 2 misdemeanor.
Source: SL 1986, ch 244, § 1; SL 1992, ch 208, § 1.
32-5-10.1. Motorcycle safety education fee--Amount and payment.
In addition to the license fees and compensation required pursuant to § 32-5-9 for motorcycles, a motorcycle safety education fee of seven dollars shall be paid at the time of registration of each motorcycle.
Source: SL 1982, ch 227, § 1; SL 1991, ch 240; SL 1994, ch 239; SL 2005, ch 156, § 1.
32-5-10.2. Motorcycle safety education fee--Deposit in special revenue fund.
The county treasurer shall remit to the department the motorcycle safety education fees collected pursuant to § 32-5-10.1. The fees shall be deposited in the state treasury in a special revenue fund for use as specified in § 32-20-14.
Source: SL 1982, ch 227, § 2; SL 1989, ch 257, § 57; SL 1992, ch 222, § 5.
32-5-10.3. Motorcycle safety education fee--Collection and remittance.
The collection and remittance of the fee imposed by § 32-5-10.1 shall be governed by § 32-11-19.
Source: SL 1982, ch 227, § 3.
32-5-16.1. Mobile home or manufactured home license fee--Establishment of purchase price by bill of sale or retail book value--Fee in lieu of certain taxes--Exemption for certain entities.
In addition to any other license fees, registration fees, and compensation for the use of the highways, the registrant shall pay to the county treasurer upon application for the initial registration of a mobile home or manufactured home in this state, an additional license fee at the rate of four percent of the purchase price of the mobile home or manufactured home. The purchase price shall be established by a bill of sale. However, if a bill of sale is not available, the retail book value shall be used to establish the purchase price. The retail value is the value in a nationally recognized dealer's guide adopted by the secretary. The payment of the initial registration fee is in lieu of the tax imposed pursuant to chapters 10-45, 10-46, and 10-46A, and all other occupational, sales, excise, privilege, and franchise taxes levied by this state upon the gross receipts from the sale or installation of mobile or manufactured homes. The governmental or public entities set forth in §§ 32-5-42 and 32-5-42.1 are exempted from the initial registration imposed by this section.
Source: SL 1970, ch 169, § 2; SL 1980, ch 213, § 1; SL 1982, ch 18, § 10; SL 1988, ch 237, § 2; SL 1989, ch 259, § 1; SL 1994, ch 241, § 1; SL 2005, ch 71, § 3.
32-5-16.2. Division of receipts from mobile home or manufactured home license fees.
Eleven and one-fourth percent of the four percent initial registration fee prescribed by § 32-5-16.1 shall be deposited in the state motor vehicle fund to defray costs of titling, registration, and for unusual use of the highway. Sixty-three and three-fourths percent shall be distributed to the county highway and bridge fund in the county where the mobile or manufactured home is registered. The remaining twenty-five percent shall be distributed to the state general fund.
Source: SL 1970, ch 169, § 2; SL 1971, ch 183, § 1; SL 2005, ch 71, § 4.
32-5-16.3. Permit required to move mobile home or manufactured home--Valid for single trip--Conditional on tax payment--Fee--Disposition of fees--Dealer--Violation as misdemeanor.
Any person who moves a mobile home or manufactured home shall obtain a permit, as prescribed by the secretary of revenue, from the county treasurer where the home is located. The permit is valid for a single trip from the point of origin to a point of destination within the state. Before the county treasurer may issue a permit, the owner of the mobile home or manufactured home or regulated lender as defined in § 54-3-14 that is repossessing the mobile home or manufactured home shall obtain an affidavit, as prescribed by the secretary of revenue, from the county treasurer stating that the current year's taxes are paid as described in §§ 10-21-36 to 10-21-39, inclusive, or § 10-9-3. The permit fee for mobile homes and manufactured homes for use on the public highways is fifteen dollars. The fees collected shall be credited to the license plate special revenue fund. The fee and permit imposed by this section does not apply to a new or used mobile home or manufactured home owned and transported by or for a dealer licensed under chapter 32-7A. A violation of this section is a Class 2 misdemeanor. A dealer shall obtain from the department self-issued permits and shall display a self-issued permit when moving a used or new mobile or manufactured home.
Source: SL 1988, ch 27, § 7; SL 1991, ch 241; SL 1999, ch 45, § 4; SL 2000, ch 42, § 27; SL 2000, ch 142, § 3; SL 2004, ch 17, § 52; SL 2005, ch 71, § 5; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-5-16.6. Penalties for owner's or lender's failure to obtain tax affidavit--Notification to department.
If the owner of the used mobile home or manufactured home, prior to moving the home, fails to obtain an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in §§ 10-21-36 to 10-21-39, inclusive, or § 10-9-3, the department shall assess a monetary penalty on the owner. If a regulated lender, as defined in § 54-3-14, is repossessing a used mobile home or manufactured home and fails to obtain an affidavit, prior to moving the home, from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in §§ 10-21-36 to 10-21-39, inclusive, or § 10-9-3, the department shall assess a monetary penalty on the lender. The department shall levy a monetary penalty of two hundred fifty dollars for the first violation within a one-year period, five hundred dollars for the second violation within a one-year period, and one thousand dollars for each subsequent violation within a one-year period. All monetary penalties collected pursuant to this section shall be deposited in the motor vehicle fund. The county treasurer shall notify the Department of Revenue in writing of any violation for failure to obtain a tax affidavit prior to moving a mobile or manufactured home.
Source: SL 2000, ch 142, § 4; SL 2002, ch 148, § 1; SL 2004, ch 17, § 54; SL 2005, ch 71, § 8; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-5-16.7. Penalties for transporter's, manufacturer's, or dealer's failure to obtain tax affidavit--Notification to department.
If a transporter of a used mobile home or manufactured home, prior to transporting, fails to obtain an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in §§ 10-21-36 to 10-21-39, inclusive, or § 10-9-3, the department shall assess a monetary penalty on the transport owner. If a manufacturer or licensed dealer, as defined in chapter 32-7A, is moving, repossessing, trading, purchasing, or receiving onto the manufacturer's or licensed dealer's lot a used mobile home or manufactured home and fails to obtain an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in §§ 10-21-36 to 10-21-39, inclusive, or § 10-9-3, the department shall assess a monetary penalty on the manufacturer or licensed dealer. The transporter or dealer who was responsible for moving the mobile or manufactured home is liable for any property taxes due the county.
The department shall levy a monetary penalty of two hundred fifty dollars for the first violation within a one-year period, five hundred dollars for the second violation within a one-year period, and one thousand dollars for each subsequent violation within a one-year period. All monetary penalties collected pursuant to this section shall be deposited in the motor vehicle fund. The county treasurer shall notify the Department of Revenue in writing of any violation for failure to obtain a tax affidavit prior to moving a mobile or manufactured home.
Source: SL 2002, ch 148, § 2; SL 2004, ch 17, § 55; SL 2005, ch 71, § 9; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-5-16.8. Single party not to be assessed multiple penalties.
For the purposes of §§ 32-5-16.6 and 32-5-16.7, if the owner, lender, licensed dealer, or transporter are the same party the department may not assess multiple monetary penalties for any one violation.
Source: SL 2002, ch 148, § 3; SL 2005, ch 71, § 10.
32-5-16.9. Assessment based upon mistake of fact or error of law--Hearing--Appeal.
Any person against whom a penalty is assessed pursuant to § 32-5-16.6 or 32-5-16.7 may request a hearing before the secretary if the person believes that the assessment is based upon a mistake of fact or an error of law. A request for hearing shall be made in writing within twenty days from the date of the assessment and shall contain a statement indicating the mistake of fact or error of law the person believes resulted in an invalid assessment. Amended or additional statements of facts or errors of law may be made not less than fourteen days prior to the hearing if the hearing examiner determines such additional or amended statements are in the interest of justice and do not prejudice either party. Hearings are conducted and appeals taken pursuant to the provisions of chapters 1-26 and 1-26D.
A copy of the hearing examiner's proposed decision, findings of fact and conclusions of law shall be served on all parties when furnished to the secretary. If the secretary, pursuant to chapter 1-26D, accepts the final decision of the hearing examiner, no appeal from a final decision of the secretary upon an assessment may be taken unless any amount ordered paid by the secretary is paid or a bond filed to insure payment of such amount. However, if the final decision of the secretary, pursuant to chapter 1-26D, rejects or modifies the decision of the hearing examiner regarding the amount due on the assessment, an appeal may be taken without payment of the amount ordered to be paid and without filing of a bond. If the secretary's decision is affirmed by the circuit court, no appeal may be taken unless any amount ordered to be paid by the secretary is paid or a bond is filed to insure payment of such amount.
Source: SL 2005, ch 71, § 13.
32-5-18.1. Licensing and compensation requirements applicable to highway construction or reconstruction--Special permits not required while engaged in construction.
All highway construction projects, whether being construction upon a new highway location or reconstruction of an existing highway, shall be treated in an identical manner as a public highway of this state for purposes of licensing and compensation of vehicles used on such projects. Such construction vehicles or equipment shall not be required to obtain special permits as required in chapter 32-22, while engaged in construction on a highway project.
Source: SL 1969, ch 118; SL 1971, ch 184; SL 1977, ch 249, § 8.
32-5-21. Motorbus defined--Noncommercial fee--Gross maximum weight.
For purposes of this chapter, a motorbus is any vehicle, with a seating capacity of sixteen or more persons, including the driver, used in the transportation of persons. The annual license fee for noncommercial motorbuses shall be paid based on the noncommercial vehicle fee schedule provided in § 32-5-6.3. The gross maximum weight shall be the unladen weight of the vehicle plus an additional two hundred pounds per passenger seating capacity.
Source: SDC 1939, § 44.0108(4); SL 1977, ch 249, § 9; SL 1986, ch 242, § 8; SL 1992, ch 60, § 2; SL 1994, ch 240, § 1; SL 2003, ch 165, § 1.
32-5-22. Unregistered motor vehicles.
A motor vehicle acquired from the State of South Dakota or any of its governmental subdivisions, a motor vehicle licensed under any special license provisions of this state, a motor vehicle previously registered in South Dakota but currently licensed in another state or a motor vehicle owned by any person who returns to this state upon being separated from service in the United States armed forces is an unregistered motor vehicle for the purposes of this chapter.
Source: SDC 1939, § 44.0108 (5); SL 1955, ch 157; SL 1959, ch 259; SL 1963, ch 247; SL 1968, ch 167; SL 1977, ch 249, § 57; SL 1987, ch 215, § 8.
32-5-23. Destruction of licensed vehicle or failure of vehicle to pass inspection--Removal of plates--Credit--Replacement of plates.
If a registered and licensed motor vehicle is destroyed by collision or fire, disposed of for salvage, or if rejected or condemned for use on the highways as the result of action by any inspection authority of this state, the registered owner of the current license plates thereon may remove the license plates and attach the plates to a newly acquired vehicle. Credit for the remaining months on the registration shall be given. If the plates were destroyed, the owner shall apply for a replacement set of plates for a fee of ten dollars.
Source: SL 1967, ch 210, § 1; SL 1989, ch 257, § 58; SL 2007, ch 173, § 10.
32-5-24. Refund of overpayments and erroneous payments--Return of registration and stickers--Time for application.
The department shall issue to the several county treasurers authorizations to refund to the lawful owner of any motor vehicle from current collections of motor vehicle license fees for overpayments or for any motor vehicle license fee paid in error, past or future, paid by the owner for any license plate fees. The refunds shall be paid out of the motor vehicle fees collected by the various county treasurers, and accounted for in accordance with the existing provisions of the motor vehicle licensing law. No refund may be made unless the registration and stickers are returned unused. Any application for refund shall be made within ninety days from the date the license fee was paid.
Source: SL 1964, ch 135; SL 1965, ch 204; SL 1989, ch 257, § 59; SL 2018, ch 178, § 1.
32-5-25. Dealer's license fee.
Except as otherwise provided in § 32-5-27, dealers in motor vehicles who have paid the dealers' license fee and complied with chapter 32-6B may not be required to pay the registration fee provided in §§ 32-5-5 to 32-5-9, inclusive.
Source: SDC 1939, § 44.0108 (7); SL 1973, ch 198; SL 1977, ch 249, § 57; SL 1989, ch 257, § 60.
32-5-27. Used out-of-state motor vehicles--Sale or resale--Title, taxes, and license--Exemptions--Violation as misdemeanor.
Any person, firm, corporation, or limited liability company, except a licensed vehicle dealer, that brings into the state or purchases any used or secondhand out-of-state motor vehicles not currently licensed in this state for the purpose of sale or resale, except vehicles receiving a junking certificate, motor vehicles with a gross vehicle weight rating of over twenty-six thousand pounds, or a semitrailer with a manufacturer's shipping weight of nine thousand pounds or more, shall, within forty-five days from the date of purchase or entry of the motor vehicle into the limits of this state, title the motor vehicle pursuant to chapter 32-3 and pay the excise tax pursuant to chapter 32-5B but is not required to license the vehicle. Any licensed motor vehicle dealer titling a motor vehicle pursuant to this section is exempt from paying the excise tax imposed by § 32-5B-1 on the vehicle. A vehicle titled by a licensed motor vehicle dealer pursuant to this section shall be issued a title indicating that no excise tax has been paid. Upon transfer of the title to a subsequent purchaser of the motor vehicle, the excise tax shall be paid by the purchaser or by any other person as defined by subdivision 2-14-2(18), on behalf of and as the agent for the purchaser. A violation of this section is a Class 2 misdemeanor.
The provisions of this section do not apply to any motor vehicle titled and licensed in another jurisdiction that is sold in this state through a dealer's car auction agency licensed under the provisions of chapter 32-6B.
Source: SL 1939, ch 180, § 1; SL 1957, ch 232; SDC Supp 1960, § 44.0701; SL 1961, ch 238; SL 1983, ch 231, § 2; SL 1984, ch 219, § 1; SL 1985, ch 238, § 10; SL 1988, ch 238, § 10; SL 1988, ch 241, § 1; SL 1990, ch 234, § 1; SL 1990, ch 241, § 2; SL 1992, ch 208, § 2; SL 1994, ch 242; SL 2000, ch 141, § 1; SL 2005, ch 157, § 1; SL 2014, ch 139, § 3; SL 2015, ch 156, § 11; SL 2020, ch 129, § 2.
32-5-29. Sales of vehicles prima facie evidence that seller is used car dealer--Particular parties excepted--Violations--Misdemeanor.
Proof that a person, firm, partnership, limited liability company, association, trust, or corporation has engaged in the sale of five or more used motor vehicles in the course of one period of twelve consecutive months is prima facie evidence that such person, firm, partnership, limited liability company, association, trust, or corporation is a used car or secondhand car dealer and obliged as such to comply with § 32-5-27, provided that this does not apply to owners of fleets of motor vehicles, banks, savings and loan associations, finance company, bus, truck, taxicab operators, and others, when reselling vehicles acquired by them in the regular course of their principal business, and not acquired to resell at a profit. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.
Source: SL 1955, ch 195, §§ 1, 2; SDC Supp 1960, §§ 44.0705, 44.9940; SL 1981, ch 312, § 4; SL 1994, ch 351, § 53.
32-5-30. Fee for noncommercial vehicles more than ten years old.
If any noncommercial motor vehicle, according to the manufacturer's model year designation, is ten years old or more on January first of the year for which a license fee is required, such fee shall be seventy percent of the fee ordinarily prescribed.
Source: SDC 1939, § 44.0108 (8); SL 1949, ch 163, § 1; SL 1955, ch 158; SL 1961, ch 218; SL 1977, ch 249, § 10; SL 2011, ch 139, § 9.
32-5-42. Registration--Vehicles--Costs.
Any motor vehicle that is the property of this state, the United States, a county, a township, a municipality, an improvement district as defined in § 7-25A-1, a public or nonpublic school accredited by the Department of Education, an Indian mission school in this state, an Indian tribe, a fire department, a licensed ambulance service, or any bus or van owned by a church may be registered upon application, in the manner provided for other motor vehicles. However, the custodian of the vehicle shall make the application directly to the department. No fees may be charged for the registration of the vehicle. The department, upon payment to it of the actual cost of the plates, shall furnish number plates for the vehicle. All costs collected under the provisions of this section shall be deposited in the license plate special revenue fund. If the vehicle is used for a private business use or as a commercial motor carrier as defined in § 32-9-1, the operator shall secure vehicle registration pursuant to chapter 32-9 for such use.
Source: SDC 1939, § 44.0108 (11); SL 1939, ch 169; SL 1953, ch 225; SL 1957, ch 211; SL 1961, ch 220; SL 1974, ch 210; SL 1979, ch 203, § 1; SL 1981, ch 239, § 4; SL 1983, ch 237, § 3; SL 1985, ch 15, § 38; SL 1988, ch 242; SL 1989, ch 257, § 62; SL 1990, ch 235; SL 1995, ch 173; SL 1997, ch 179, § 6; SL 2003, ch 166, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2014, ch 140, § 1; SL 2019, ch 129, § 1; SL 2020, ch 134, § 1.
32-5-42.1. Nonprofit community support provider vehicles--Registration--Plates--Disposition of costs.
Motor vehicles which are the property of nonprofit community support providers (sheltered workshops) recognized or approved by the Department of Education in this state, and which are used exclusively by such nonprofit community support providers (sheltered workshops), may be registered upon application, in the manner provided for other motor vehicles. However, the custodian of the vehicle shall make application directly to the department. No fees may be charged for the registration of the vehicle. The department shall furnish number plates for the vehicle upon payment of the actual cost of the plates. All costs collected under the provisions of this section shall be deposited in the license plate special revenue fund. Disbursements from the fund shall be made by warrants drawn by the state auditor on vouchers duly approved by the department.
Source: SL 1975, ch 197; SL 1985, ch 401, § 23; SL 1989, ch 257, § 63; SL 1996, ch 192, § 1; SL 2003, ch 272, § 63; SL 2009, ch 138, § 7.
32-5-42.2. Registration of mass transit vehicles owned by state, municipality, or county--Costs--Vehicles purchased with federal funds.
Any motor vehicle owned by the state, a municipality, or county that is used to provide mass transportation services shall be registered, upon application, in the manner provided for other motor vehicles. No fees may be charged for the registration of the vehicle. The department, upon receipt of payment for the actual cost of the plates, shall furnish number plates for the vehicle. All costs collected under the provisions of this section shall be deposited in the license plate special revenue fund.
Any motor vehicle paid for, in full or in part, with funds received from the United States Department of Transportation which is used to provide mass transportation services shall be registered upon application, in the manner provided for other motor vehicles. No fees may be charged for the registration of the vehicle. The department, upon receipt of payment for the actual cost of the plates, shall furnish number plates for the vehicle. All costs collected under the provisions of this section shall be deposited in the license plate special revenue fund. The secretary may, at any time, require the applicant to provide additional information to determine if the vehicle was paid for with funds received from the United States Department of Transportation.
Source: SL 2014, ch 140, § 2.
32-5-43. Identifying markings of state-owned vehicles--Exceptions--License plates.
All state-owned motor vehicles shall have identifying markings printed on both sides thereof. The design size and description of the markings shall be specified by the commissioner of human resources and administration. This section does not apply to the vehicles used by the office of the attorney general, the Department of Corrections, the Department of Public Safety, or the unified judicial system. All state-owned motor vehicles registered under § 32-5-42 shall bear state license plates, except the vehicles used by the office of the attorney general.
Source: SDC 1939, § 44.0108 (11); SL 1939, ch 169; SL 1953, ch 225; SL 1957, ch 211; SL 1961, ch 220; SL 1982, ch 231; SL 1982, ch 233; SL 1983, ch 233; SL 1984, ch 220; SL 1987, ch 390, § 17; SL 1989, ch 20, § 182; SL 2004, ch 17, § 56; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
32-5-44. Plates without yearly designation--Distinctive color--Yearly renewal dispensed with.
The department shall issue to motor vehicles, owned by public corporations listed in § 32-5-42 or school buses owned by individuals who contract with public school corporations and use the vehicles solely for the purpose of transporting school students and school employees, license plates which may be used on the motor vehicles for more than one year. The department shall design and adopt a special license plate for this purpose, with the plates bearing no yearly designation, and which are of a distinctive color, and may not be duplicated by the regular license plate issues required by §§ 32-5-82 to 32-5-89, inclusive. No yearly renewal of the registrations is required for such motor vehicles unless directed by the department.
Source: SDC 1939, § 44.0108 (11) as added by SL 1963, ch 249; SL 1977, ch 249, § 11; SL 1989, ch 257, § 64; SL 1994, ch 240, § 3.
32-5-45. Exemption of mobile homes purchased outside state.
Section 32-5-16.1 applies to all mobile homes not previously registered in this state. However, a mobile home owned by a nonresident coming into this state from another state, a mobile home purchased and owned by a member of the armed forces while on duty in the United States and a mobile home purchased in another state by a resident other than a dealer licensed pursuant to chapter 32-7A are exempt from the additional license fee to the extent of a similar and equal amount of registration tax, sales, use or state excise tax as has been paid in another state by the current applicant. The county treasurer shall require of applicants from other states and residents who have purchased a mobile home in another state, making application for registration of a mobile home in this state a certificate of a licensed dealer, bill of sale, receipt, or other tangible evidence that a similar and equal amount of tax has been paid by the current applicant. If sufficient proof is not furnished, the county treasurer shall collect an additional or full amount to equal the South Dakota rate of tax.
Source: SDC 1939, § 44.0108 (9) as added by SL 1951, ch 224, § 1; SL 1957, ch 210; SL 1961, ch 219; SL 1966, ch 129; SL 1971, ch 185; SL 1982, ch 228, § 1; SL 1984, ch 219, § 2; SL 1985, ch 241, § 20.
32-5-46. Vehicles owned by nonresidents--Compliance with laws of foreign state--Display of foreign license plates.
The provisions of this chapter, except as otherwise specifically provided, relative to registration, payment of license fees, and display of registration numbers do not apply to any motor vehicles owned by a nonresident of this state, if the owner has complied with the provisions of the law of the state of which he is a resident, relative to the registration thereof and the display of a registration number plate or plates thereon. The owner shall conspicuously display his registration number plate or plates as required by the law of this state.
Source: SDC 1939, § 44.0112; SL 1951, ch 225; SL 1989, ch 257, § 65.
32-5-47. Definition of nonresident.
A nonresident within the meaning of § 32-5-46 is a person who does not reside in this state. If present in this state for more than ninety days, a person is considered a resident for the purposes of § 32-5-46.
Source: SDC 1939, § 44.0112; SL 1951, ch 225; SL 1981, ch 233; SL 1986, ch 245.
32-5-47.1. Military personnel, domestic volunteers, and dependents as nonresidents.
A nonresident within the meaning of § 32-5-46 shall include any nonresident who is stationed in this state while in the military service of the United States or who is assigned in this state under the Domestic Volunteer Service Act of 1973 and any dependent of such nonresident.
Source: SL 1975, ch 200, § 1; SL 1982, ch 18, § 13.
32-5-48. Reciprocity required.
The provisions of § 32-5-46 as to the exemption from registration of any motor vehicle owned by a nonresident shall apply only to the extent that under the law of the state of his residence like exemptions and privileges are granted to motor vehicles, motorcycles, trailers, truck tractors, road tractors, and motor buses, duly registered under the laws and owned by residents of this state.
Source: SDC 1939, § 44.0112; SL 1951, ch 225.
32-5-49.1. Registration not required for nonresident harvest vehicles during harvest season--Compensation certificate required--Violation a misdemeanor.
Any motor vehicle or trailer owned and operated by a nonresident engaged in the harvest of agricultural products may be operated upon the highways, roads, and streets of this state without being registered. However, such motor vehicles shall comply with the provisions of chapter 32-9 that deal with such vehicles. A violation of this section is a Class 2 misdemeanor.
Source: SL 1976, ch 187, § 1; SL 1989, ch 255, § 15; SL 1989, ch 257, § 67.
32-5-50. Dealers participating in driver education program--Application to department--Fee--Violation as misdemeanor.
Any motor vehicle dealer who participates in the driver education program in the schools of the state by furnishing any school with a motor vehicle used in the program, shall upon application to the department and payment of a fee of four dollars, receive from the department a public school corporation license plate for the operation of the vehicle upon the highways of the state. A violation of this section is a Class 1 misdemeanor. The fee shall be deposited in the license plate special revenue fund.
Source: SL 1957, ch 239, §§ 1, 4; SDC Supp 1960, §§ 44.0113-5, 44.9947; SDCL, § 32-5-53; SL 1985, ch 243; SL 1986, ch 242, § 32.
32-5-51. License plate design--Operation on highways.
The license plate authorized by § 32-5-50 shall be in such form, size, and design as may be determined by the department and shall be affixed to the vehicle in such manner as is provided for the affixation of other motor vehicle dealer license plates. The vehicle may then be operated upon the public highways of this state as provided in § 32-5-52.
Source: SL 1957, ch 239, § 2; SDC Supp 1960, § 44.0113-5; SL 1989, ch 257, § 68.
32-5-52. Radius of use of vehicle--Size of first or second class municipality--Violation as misdemeanor.
Every vehicle licensed under § 32-5-50 shall be used only for the purposes of driver education under such program and only within the first or second class municipality wherein said dealer furnished said vehicle and within a radius of twenty miles of said municipality; provided that within municipalities of less than twenty-five hundred population the radius for the use of such vehicle by instructor and student shall be extended so as to encompass the nearest municipality with a population of twenty-five hundred or more. A violation of this section is a Class 1 misdemeanor.
Source: SL 1957, ch 239, §§ 3, 4; SDC Supp 1960, §§ 44.0113-5, 44.9947; SL 1961, ch 221; SL 1965, ch 182; SDCL, § 32-5-53; SL 1992, ch 60, § 2.
32-5-65. Special plates for commercial radio or broadcasting companies--Fee--Surrender of plates--Violation as misdemeanor.
Any commercial radio station or broadcasting company that holds an unrevoked and unexpired official license issued by the federal communications commission or employees of the station or company when requested and approved by the station or the company, and who are residents of this state and have complied with all the laws of this state in regards to the registration of a motor vehicle, may apply for a set of special plates bearing an inscription thereon of the call letters authorized for the station or company radio license by making application therefor on a form prescribed by the department. The special plates are in lieu of the regular number plates issued for the motor vehicle. The special plates shall be displayed as set forth in § 32-5-98. In addition to the noncommercial license plate fees, an additional fee of ten dollars shall be charged for the initial issuance of the special plates. If the federal communication commission's license is revoked, the owner shall surrender the special license plates to the department. If the employee is no longer employed by the station or the broadcasting company, the employee shall surrender the special license plates to the department. The secretary shall make the necessary changes in the registration file. The owner shall obtain regular number plates. Failure to surrender the special license plates as required by this section is a Class 2 misdemeanor.
Source: SL 1953, ch 241, § 1; SL 1955, ch 186; SDC Supp 1960, § 44.0113-1; SL 1986, ch 242, § 12; SL 1987, ch 216, § 2; SL 1988, ch 236, § 15; SL 2007, ch 173, § 22, eff. July 1, 2008; SL 2010, ch 153, § 2; SL 2021, ch 125, § 4.
32-5-65.1. Special plates for amateur radio licensees--Fee--Surrender of plates--Violation as misdemeanor.
Any owner of a motor vehicle who holds an unrevoked and unexpired official amateur radio license, is a resident of this state and has complied with all the laws of this state in regards to the registration of a motor vehicle, may apply for a set of special plates bearing an inscription thereon of the call letters authorized for the owner's amateur radio license by making application therefor on a form prescribed by the department. The special plates are in lieu of the regular number plates issued for the motor vehicle. The special plates shall be displayed as set forth in § 32-5-98. In addition to the noncommercial license plate fees, an additional fee of ten dollars shall be charged for the initial issuance of the special license plates. If the amateur radio license is revoked, the owner shall surrender the special license plates to the department. The secretary shall make the necessary changes in the registration file. The owner shall obtain regular number plates. Failure to surrender the special license plates as required by this section is a Class 2 misdemeanor.
Source: SL 1987, ch 216, § 1; SL 1988, ch 236, § 16; SL 2007, ch 173, § 23, eff. July 1, 2008; SL 2010, ch 153, § 1; SL 2021, ch 125, § 5.
32-5-67. License plate special revenue fund.
All fees received pursuant to §§ 32-5-42, 32-5-42.2, 32-5-65, 32-5-65.1, 32-5-159, 32-5-160, and 32-5-181 shall be credited to a fund to be known as the license plate special revenue fund. The special revenue fund shall be expended for the purchase of special plates required pursuant to this chapter and the expenses of the office incident to the issuance thereof. Disbursements from this fund shall be made by warrants drawn by the state auditor on vouchers duly approved by the secretary.
Source: SL 1953, ch 241, § 4; SL 1957, ch 233; SDC Supp 1960, § 44.0113-4; SL 1984, ch 30, § 37; SL 1989, ch 257, § 72; SL 2007, ch 173, § 25, eff. July 1, 2008; SL 2014, ch 140, § 3; SL 2014, ch 142, § 14; SL 2016, ch 158, § 6.
32-5-76. Special plates for person with substantial physical disability or parent or guardian of dependant with substantial physical disability--Violation as misdemeanor.
An owner of a motor vehicle, who is a resident of this state, who has complied with all the laws of this state in regards to the registration of a motor vehicle, and who operates or directs the operation of the vehicle, may submit to the county treasurer an application containing a physician's certificate on a form approved by the secretary, stating that the applicant is a person with a substantial physical disability that makes it impossible or causes substantial hardship to walk. An owner of a motor vehicle, who is a resident of this state, who has complied with all the laws of this state in regards to the registration of a motor vehicle, and who is the parent or legal guardian of a dependant with a substantial physical disability and operates the motor vehicle for the purpose of transporting the dependent, may submit to the county treasurer an application containing a physician's certificate on a form approved by the secretary, stating that the dependent has a substantial physical disability that makes it impossible or causes substantial hardship to walk. The secretary shall promulgate a rule, pursuant to chapter 1-26, defining a person with a substantial physical disability. The department shall issue and deliver to the applicant special plates with letters, numbers, or symbols, or any combination thereof, as the secretary may prescribe. The special plates shall be designed to readily apprise law enforcement officers of the fact that the motor vehicle is owned, operated, or used in transporting a person with a substantial physical disability. No charge may be made for the issuance of the special plates. The special plates shall be in lieu of the regular number plates issued for the motor vehicle. The special plates shall be displayed as set forth in § 32-5-98. If the applicant is no longer a person or the parent or legal guardian of a dependent with a substantial physical disability or is deceased, the special plates shall be surrendered within thirty days to the county treasurer of the applicant's residence. The treasurer shall notify the secretary who shall make the necessary changes in the registration file. The owner shall obtain regular number plates. Failure to surrender the special license plates as required by this section is a Class 2 misdemeanor. It is a Class 1 misdemeanor to submit a false or fraudulent application.
Source: SL 1966, ch 134, § 1; SL 1974, ch 211; SL 1979, ch 204, § 1; SL 1982, ch 234; SL 1986, ch 242, § 14; SL 1997, ch 179, § 3; SL 2002, ch 149, § 1; SL 2007, ch 173, § 26, eff. July 1, 2008; SL 2016, ch 156, § 1; SL 2018, ch 179, § 1.
32-5-76.1. Portable certificates for persons with substantial disabilities--Application--Physician's certificate--Rules--Surrender of certificate--Violations as misdemeanors.
Any person who is a resident of this state and is a person with a physical disability so that makes it impossible or causes substantial hardship to walk may be issued a portable serially numbered certificate by the secretary which permits the person or the operator of a vehicle being used in transporting the person to park without time limitation pursuant to § 32-30-11.1 and to park in any space reserved for a person with a physical disability. The person shall submit an application containing a physician's certificate on forms approved by the secretary to prove that the person meets the criteria established by this section. If the secretary determines that the applicant meets the criteria, the secretary shall issue a portable certificate to the applicant. The secretary shall promulgate rules, pursuant to chapter 1-26, governing the application for, term of, and conditions under which such certificates may be issued. If the applicant is no longer a person with a physical disability or is deceased, the portable certificate shall be surrendered to the county treasurer of the applicant's residence within thirty days, and the treasurer shall notify the secretary who shall make the necessary changes in the file. Failure to surrender the portable certificate as required by this section is a Class 2 misdemeanor. It is a Class 1 misdemeanor to submit a false or fraudulent application or to alter the portable certificate.
Source: SL 1988, ch 236, § 28; SL 1997, ch 179, § 4; SL 2002, ch 149, § 2.
32-5-76.2. Portable certificates for nonprofit organizations, hospitals, local government entities, etc.--Application--Rules--Surrendering certificate--Violations as misdemeanors.
Any nonprofit organization, licensed hospital, retirement home, or educational institution which has under its care or responsibility persons with physical disabilities, which transports persons with physical disabilities, and which has complied with all laws of this state in obtaining title, license plates, and registration for its motor vehicles may apply for a portable serially numbered certificate which permits the operator of a vehicle transporting the person with a disability to park pursuant to § 32-30-11.1. However, the vehicle may only park for the time reasonably necessary to load or unload passengers in any space reserved for person with a disability. In addition, any local government entity that owns a vehicle used to transport persons with disabilities may apply for the portable certificate. The application shall be made on a form approved by the secretary. If the department determines that the applicant transports persons with disabilities, the secretary shall issue and deliver a portable certificate to the applicant. The secretary may promulgate rules pursuant to chapter 1-26 regarding the application for, term of, and conditions under which the certificate may be issued. If the applicant no longer transports persons with physical disabilities, the applicant shall surrender the certificate to the department within thirty days. Failure to surrender the portable certificate as required by this section is a Class 2 misdemeanor. It is a Class 1 misdemeanor to submit a false or fraudulent application or to alter the portable certificate.
Source: SL 1988, ch 236, § 29; SL 1989, ch 257, § 73; SL 1997, ch 179, § 5; SL 2002, ch 149, § 3.
32-5-76.3. Special plates for nursing facilities transporting persons with disabilities--Parking--Surrender of plates--Violation as misdemeanor.
Any nursing facility licensed pursuant to the provisions of chapter 34-12 and which has complied with all laws of this state in regards to the registration of a motor vehicle, may apply for a set of special plates as prescribed by § 32-5-76 permitting the operator of a vehicle transporting any person with a disability to park pursuant to § 32-30-11.1. However, the vehicle may only park for the time reasonably necessary to load or unload passengers in any space reserved for persons with disabilities. The application shall be made on a form approved by the secretary. If the department determines that the applicant is licensed as a nursing facility, the secretary shall issue and deliver a set of special plates to the applicant. The secretary may promulgate rules, pursuant to chapter 1-26, regarding the application for, term of, and conditions under which the special plates may be issued. If the applicant no longer transports persons with physical disabilities, the applicant shall surrender the special plates to the department within thirty days. Failure to surrender the special license plates as required by this section is a Class 2 misdemeanor.
Source: SL 1995, ch 174; SL 1996, ch 192, § 2; SL 2002, ch 149, § 4; SL 2007, ch 173, § 27.
32-5-77. Historical license plates--Application and fee--Permanent plates--Use of vehicle restricted.
Any person who is a resident of this state and the owner of a noncommercial automobile, pickup truck, van, or truck, with a weight less than eight thousand pounds, or a retired firetruck which is more than thirty years old at the time of applying for registration of the vehicle, may apply directly to the secretary for historical license plates in lieu of the application provided for in §§ 32-5-2 and 32-5-3. The historical license plates shall be issued to the applicant instead of the usual license plates after payment of a ten dollar registration fee. Historical license plates for a motor vehicle other than a motorcycle shall be issued in pairs. A single historical license plate shall be issued for a motorcycle. The license plates shall be permanent for the life of the vehicle. No motor vehicle for which historical license plates have been issued may be used for daily transportation to and from a place of work or for commercial transportation. The motor vehicle may be used for pleasure transportation, public displays, parades, and other related pleasure or hobby activities, and may be driven to and from any facility providing motor vehicle maintenance or repair. However, no motor vehicle for which historical plates have been issued may be driven more than four thousand miles per year. Fees collected under the provisions of this section shall be credited to the state motor vehicle fund.
Source: SL 1955, ch 190; SDC Supp 1960, § 44.0102-2; SL 1984, ch 30, § 38; SL 1988, ch 243; SL 1989, ch 257, § 74; SL 2018, ch 180, § 1.
32-5-77.2. Display of original number plates on historical vehicles.
A motor vehicle registered pursuant to § 32-5-77 may, in lieu of being issued number plates by the secretary, display original South Dakota number plates issued in the same year as the model year of the motor vehicle on which they are displayed. The number of the original plates and a color photograph of the original plates shall be provided to the secretary. The original plates must be in good condition and shall be used in pairs on a motor vehicle other than a motorcycle with one displayed in the front of the motor vehicle and one in the rear. However, a single original South Dakota number plate may be displayed on a motorcycle or on a motor vehicle if the model year of the motor vehicle is a year in which only single license plates were issued by the state, including 1945, 1946, 1947, 1948, 1952, or 1953. If a single original number plate is permitted, it shall be securely fastened to the rear of the historical motor vehicle in a horizontal and upright position. Original South Dakota number plates may not be used if the number on the original plate is identical to a number on any other plate in a numbering system used by the secretary. Any person using plates issued pursuant to § 32-5-77 shall return those plates to the secretary before substituting original plates. The secretary shall charge a ten dollar fee for registering the number on the original plates. Fees collected under the provisions of this section shall be credited to the state motor vehicle fund.
Source: SL 1990, ch 236; SL 2018, ch 180, § 2.
32-5-78. General license fees in lieu of other taxes against vehicle.
Except as otherwise specifically provided and except as to compensation for use of the highways by motor carriers, the license fees and taxes imposed upon all of the classes of motor vehicles as specified in §§ 32-5-5 to 32-5-46, inclusive, §§ 32-5-77, 32-5B-1, and 32-5B-20 are in lieu of all taxes, general or local, except for the tax created in § 32-5A-1, to which such vehicle would otherwise be subject.
Source: SDC 1939, § 44.0109; SL 1941, ch 182; SL 1964, ch 119; SL 1970, ch 20, § 1 (2); SL 1985, ch 248, § 3; SL 1986, ch 27, § 2; SL 1989, ch 257, § 75; SL 1994, ch 245, § 7.
32-5-80. Registration of motorcycles.
Applications for the registration of motorcycles shall be made to the county treasurer in the manner provided in §§ 32-5-2 and 32-5-3 and shall be forwarded to the secretary who shall register the same.
Source: SDC 1939, § 44.0105; SL 1943, ch 156, § 1; SL 1949, ch 162, § 1; SL 1955, ch 155; SL 1989, ch 257, § 77.
32-5-81. Application to county treasurer--Issuance of distinctive number plate--Fuel used by vehicle--Failure to identify fuel as misdemeanor.
On receipt of any application under §§ 32-5-2 and 32-5-3, the county treasurer shall register the vehicle. Upon payment of the fee prescribed by law for the registration of the vehicle described in the application, the county treasurer or department shall issue a distinctive number plate. The registration for the vehicle shall identify the motor vehicle and the type of fuel used by the vehicle.
The applicant shall indicate the fuel type used in the motor vehicle as one of the following: gas only, diesel, liquified petroleum gas, or other. The treasurer shall reject any application that does not specify the type of fuel used. Any applicant who fails to correctly identify the fuel used in the applicant's motor vehicle is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 44.0104; SL 1959, ch 246, § 2; SL 1965, ch 178; SL 1983, ch 100, § 75; SL 1989, ch 257, § 78; SL 2018, ch 179, § 2.
32-5-82. Delivery or mailing of plates or stickers--Fees--Plates to be stocked at county treasurer office.
On receipt of any registration application pursuant to the provisions of §§ 32-5-2 and 32-5-3, the county treasurer or department shall deliver to the owner two number plates or two number stickers, or both. The plates or stickers shall bear the distinctive number contained in the application as mentioned in § 32-5-81. If the plates or stickers are mailed to the applicant, the applicant shall pay mailing fees pursuant to § 32-5-127. If the applicant requests that the plates or stickers be express mailed, the applicant shall pay the actual costs of postage and handling. All fees received by the county treasurer for mailing or expressing of the plates or stickers shall be deposited by the treasurer in the county general fund. All fees received by the department for mailing or expressing of the plates or stickers shall be deposited by the department in the state motor vehicle fund.
Each county treasurer office shall be stocked with the following license plates:
(1) Standard issue county motor vehicle and standard issue county motorcycle license plates issued pursuant to this section;
(2) Emblem speciality plates issued pursuant to § 32-5-167;
(3) Commercial trailer license plates issued pursuant to § 32-5-8.1; and
(4) Trailer license plates issued pursuant to this chapter.
Source: SDC 1939, § 44.0104; SL 1959, ch 246, § 2; SL 1965, ch 178; SL 1975, ch 198, ch 198, § 1; SL 1981, ch 234, § 1; SL 1999, ch 154, § 1; SL 2009, ch 150, § 3; SL 2018, ch 179, § 3.
32-5-82.1. Number stickers--Evidence of current registration.
The county treasurer or department shall furnish for each annual registration two identical number stickers to designate the year and month of registration. Each number sticker shall be valid only for the registration period for which the sticker is issued. The display of the sticker is evidence of current registration.
Source: SL 1975, ch 198, § 5; SL 1987, ch 215, § 10; SL 2018, ch 179, § 4.
32-5-83. Design of number plates--Color contrast.
The number plates authorized by § 32-5-82 shall be of different design each seven-year period and there shall be at all times a marked contrast between the color of the number plates and that of the numerals and letters on the plates.
Source: SDC 1939, § 44.0114; SL 1943, ch 157; SL 1951, ch 226; SL 1955, ch 159, § 1; SL 1959, ch 249, § 1; SL 1975, ch 198, § 2; SL 1985, ch 245, § 1; SL 1988, ch 236, § 17; SL 1989, ch 257, § 80; SL 1990, ch 237; SL 1998, ch 174, § 1; SL 2010, ch 154, § 1, eff. June 28, 2010; SL 2020, ch 135, § 1.
32-5-83.1. Color of number stickers--Contrast with plates.
The number stickers authorized by § 32-5-82 shall be of distinctly different color each year of issuance and there shall be at all times a marked contrast between the color of the number stickers and the background of the base plate.
Source: SL 1975, ch 198, § 6.
32-5-84. Composition of number plates--Size of figures--Snowmobile tags.
The number plates authorized by § 32-5-82 shall be of metal or other suitable material bearing the name of the state, either in full or by abbreviation and a distinctive number for assignment to each vehicle. The distinctive number may be in figures or a combination of figures and letters and shall be of a size clearly distinguishable by law enforcement officers and individuals generally. The department shall issue either decals or tags made of some durable material for the purpose of licensing snowmobiles. Such license shall be attached to each side of a snowmobile below the windshield on the hood cowling.
Source: SDC 1939, § 44.0115; SL 1941, ch 183; SL 1943, ch 157; SL 1951, ch 226; SL 1951, ch 227; SL 1955, ch 159, § 2; SL 1959, ch 249, § 2; SL 1963, ch 250; SL 1971, ch 182, § 20; SL 1975, ch 198, § 3; SL 1985, ch 245, § 2; SL 1989, ch 257, § 81; SL 1990, ch 256, § 4; SL 2020, ch 135, § 2.
32-5-84.1. Composition of stickers.
The number stickers authorized by § 32-5-82 shall be of reflective, durable, and adhesive material bearing the abbreviated name of the state, the abbreviated name of the month, and the number of the year.
Source: SL 1975, ch 198, § 7; SL 1987, ch 215, § 11.
32-5-84.2. Snowmobile license must be attached.
No person may operate or drive a snowmobile which is required to be licensed in this state unless such snowmobile has the license attached as required by § 32-5-84. A violation of this section is a petty offense.
Source: SL 1996, ch 193, § 1.
32-5-85. Number of plates issued.
Two number plates shall be issued, except that as to a motorcycle, recreational vehicle, semitrailer, and trailer, as such terms are defined in subdivisions 32-3-1(10),(18), (21), and (23), one number plate shall be issued.
Source: SDC 1939, § 44.0115 as added by SL 1955, ch 159, § 2; SL 1959, ch 249, § 2; SL 1963, ch 250; SL 1989, ch 257, § 82; SL 2016, ch 157, § 1.
32-5-86. Reflectorized plates--Determination by department--Elimination of bids deemed not feasible.
To reduce highway accidents at night all number plates authorized by § 32-5-82 shall be reflectorized to an extent, under such method, and to a degree to be maintained all during the service life of the plates as determined by the department. In determining the quality of reflectorization, the department, in addition to the consideration of the prices bid, shall determine the practicability of manufacture of the plates in the license plate plant of the state penitentiary, and the durability of any material proposed by bidders. After consideration, the department shall eliminate any bid or process not deemed feasible.
Source: SDC 1939, § 44.0115 as added by SL 1955, ch 159, § 2; SL 1959, ch 249, § 2; SL 1963, ch 250; SL 1989, ch 257, § 83.
32-5-88. Mount Rushmore design--Costs and feasibility.
The number plates authorized by § 32-5-82 may have impressed thereon, in addition to the words and numerals set forth in § 32-5-84, a replica of the Mount Rushmore National Memorial sculptured figures; provided, that such replica can be reproduced on a motor vehicle license plate so as to be easily discernible, and shall be satisfactory as to the cost and feasibility thereof to the Governor, secretary of revenue, and warden of the state penitentiary.
Source: SDC 1939, § 44.0115 as added by SL 1941, ch 183; omitted SL 1943, ch 157, § 1; re-enacted SL 1951, ch 226; SL 1955, ch 159, § 2; SL 1959, ch 249, § 2; SL 1963, ch 250; SL 1989, ch 257, § 84; SL 2004, ch 17, § 57; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-5-89. Determination of characteristics of plate--Dealers' plates.
The size, design, thickness of metal or material to be used, color, and general makeup of the number plates for motor vehicles of all classifications shall be determined by the department. The department shall also prescribe the plate to be used by the dealers for demonstration purposes and for all motor vehicles registered by manufacturers or dealers which plates shall bear a distinctive number 77.
Source: SDC 1939, § 44.0115; SL 1941, ch 183; SL 1943, ch 157; SL 1951, ch 226; SL 1951, ch 227; SL 1955, ch 159, § 2; SL 1959, ch 249, § 2; SL 1963, ch 250; SL 1989, ch 257, § 85.
32-5-89.2. Special personalized license plates as replacement for regular plates--Restrictions.
Any owner of a motor vehicle, including a motorcycle, who is a resident of this state, and who has complied with all laws of this state in regards to the registration of a motor vehicle, may have the license plates replaced by special personalized license plates which shall conform in size and color combinations as may be provided by the secretary. No personalized license plate for a motor vehicle other than a motorcycle may contain more than seven letters nor the single numeral one or two. No personalized license plate for a motorcycle may contain more than six letters nor the single numeral one or two. There may be no duplication of the personalized license plates issued by the secretary. The secretary may refuse to issue any letter combination which carries connotations offensive to good taste and decency.
Source: SL 1977, ch 250, § 1; SL 1989, ch 257, § 86; SL 1989, ch 260, § 1; SL 1996, ch 194, § 3; SL 2007, ch 173, § 28, eff. July 1, 2008; SL 2012, ch 161, § 1.
32-5-89.3. Application for personalized plates--Fees--Validation each year with stickers--Fee disposition.
Application for special personalized license plates shall be made on forms prescribed by the secretary. Upon the receipt of a properly completed application form and payment of a fee of twenty-five dollars for any motor vehicle other than a motorcycle, the department shall order the special plates. The fee for a personalized license plate for a motorcycle is twenty dollars. Upon issuance of the personalized license plates, the owner shall display the special plates on the assigned vehicle.
Personalized license plates shall be validated with stickers and are valid only for the registration year for which the stickers are issued. The annual fee for personalized license plate validation stickers for a motor vehicle other than a motorcycle is twenty-five dollars. The annual fee for a personalized license plate validation sticker for a motorcycle is twenty dollars. During the year originally issued, the personalized license metal plate fee includes the cost of that year's validation sticker. The fees for personalized plates and validation stickers shall be credited to a fund to be known as the license plate special revenue fund.
Source: SL 1977, ch 250, § 2; SL 1982, ch 18, § 16; SL 1984, ch 218, § 1; SL 1985, ch 245, § 3; SL 1989, ch 255, § 20; SL 1989, ch 257, § 87; SL 1989, ch 260, § 2; SL 1992, ch 208, § 6; SL 1996, ch 194, § 1; SL 2007, ch 173, § 29.
32-5-89.4. Transfer of vehicle--Removal of personalized plate required until transfer approved by secretary--Violation as petty offense.
If at any time a motor vehicle subject to the special personalized license plates is sold, conveyed, or otherwise transferred by the person to whom such plates have been issued, the owner shall remove the personalized license plate and may not attach the personalized plate to any other vehicle until such time as the transfer is approved by the secretary. A violation of this section is a petty offense.
Source: SL 1977, ch 250, § 3; SL 1989, ch 255, § 21; SL 1989, ch 257, § 88.
32-5-89.5. Replacement of lost, mutilated, or destroyed personalized plates--Affidavit--Fee--Disposition of fee.
In the event of the loss, mutilation, or destruction of any special personalized license plates, the owner of the registered vehicle may obtain a duplicate upon filing an affidavit showing such facts and after paying a ten dollar fee to the department. The fee shall be credited to the license plate special revenue fund.
Source: SL 1977, ch 250, § 4; SL 1984, ch 30, § 39; SL 1989, ch 257, § 89.
32-5-90. Registration--Contents--Registration number.
The department shall furnish with each number plate for motorcycles and snowmobiles and with each pair of number plates or number stickers for passenger vehicles, trailers, or semitrailers, a registration, which shall contain the following data: the name of the registered owner of the motorcycle, snowmobile, motor vehicle, trailer, or semitrailer, the owner's post office address, the make of the vehicle, the year of model, the model or letter designated by the manufacturer, manufacturer's serial number, if any, the registration or license number, and date of issue of the registration. The registration shall contain the registration number denoted on the number plate or plates on which the registration is issued.
Source: SDC 1939, § 44.0204; SL 1953, ch 227, § 1; SL 1965, ch 186, § 5; SL 1971, ch 182, § 17; SL 1975, ch 198, § 4; SL 1989, ch 257, § 90; SL 2020, ch 136, § 1.
32-5-90.1. Abstract of registration information--Fee.
The department may, upon written request and payment of a two-dollar fee, furnish a person an abstract of the registration information of any motor vehicle and semitrailer registered pursuant to this title. 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, § 2; SL 1989, ch 257, § 91; SL 2021, ch 130, § 5.
32-5-91. Inspection of registration by peace officer--Possession of registration--Violation as petty offense.
The registration referred to in § 32-5-90 is subject to inspection by any peace officer at any time. The registration shall, at all times, while the motor vehicle, trailer, or semitrailer for which it was issued is being operated within this state, be in the possession of the operator. A violation of this section is a petty offense.
Source: SDC 1939, § 44.0204; SL 1953, ch 227, § 1; SL 1965, ch 186, § 5; SL 1989, ch 255, § 22; SL 1989, ch 257, § 93.
32-5-92. Lost certificate of registration--Duplicate--Fee.
In the case of lost certificates of registration, the loss of which is accounted for to the satisfaction of the department, duplicates may be issued. A fee of two dollars shall be paid for each duplicate so issued.
Source: SDC 1939, § 44.0209; SL 1957, ch 217; SL 1989, ch 257, § 94.
32-5-93. Forwarding applications to department.
The county treasurer shall, at the close of each day during which his office has been open to the public, mail to the department the applications received and registered by him during that day.
Source: SDC 1939, § 44.0104; SL 1959, ch 246, § 2; SL 1965, ch 178; SL 1989, ch 257, § 95.
32-5-94. Application and registration of vehicle--Manner to facilitate retrieval.
On receipt of any application, the secretary shall denote the same in his office and register the motor vehicle in a manner whereby retrieval of the data can be made at any time.
Source: SDC 1939, § 44.0105; SL 1943, ch 156, § 1; SL 1949, ch 162, § 1; SL 1955, ch 155; SL 1989, ch 257, § 96.
32-5-97. Separate numbering of different types of vehicles.
Commercial motor vehicles, noncommercial motor vehicles, trailers and semitrailers, motorcycles, and snowmobiles are distinct classes of motor vehicles, and each shall be numbered in separate series. Each series shall carry a distinctive letter selected by the department.
Source: SDC 1939, § 44.0105; SL 1943, ch 156, § 1; SL 1949, ch 162, § 1; SL 1955, ch 155; SL 1977, ch 249, § 13; SL 1978, ch 224, § 2; SL 1989, ch 257, § 98.
32-5-97.1. Farm vehicles--Decals.
Farmers or ranchers who own a motor vehicle as defined by § 32-3-1 used wholly and exclusively to carry their own supplies, farm equipment, and household goods to or from the owner's farm or ranch or used by the farmer or rancher to carry his or her own agricultural products, livestock, and produce to or from storage or market or used by farmers or ranchers in exchange of service in hauling of such supplies or agricultural products, livestock, and produce, may apply to the county treasurer for a decal with the word, farm, inscribed on the decal. The decal shall be placed on the license plate of the vehicle for which the application is made. The department shall prescribe the form and size of the decal and the manner of application. The department shall supply the decals to the county treasurer.
Source: SL 1972, ch 174, § 1; SL 1982, ch 18, § 17; SL 1985, ch 238, § 9; SL 1988, ch 124, § 3A; SL 1988, ch 236, § 18; SL 2013, ch 136, § 1.
32-5-98. Operation of motor vehicle without visible license plates prohibited-- Removal of unauthorized plates--Violation as misdemeanor.
Except as otherwise specifically provided, no person may operate or drive a motor vehicle on the public highways of this state unless the vehicle has a distinctive number assigned to it by the department, and two number plates, bearing the number conspicuously displayed, horizontally and in an upright position, one on the front and one on the rear of the vehicle, each securely fastened. The plates shall at all times, as far as is reasonably possible, be kept clear and free of mud, ice, or snow so as to be clearly visible. All number plates, markers, or stamps evidencing registration or licensing of any vehicle in this or any foreign state, territory, district, or possession and any plate, marker, or stamp used in substitution for or in lieu of the number plates required by this section by virtue of any law or executive order for any prior year or years shall be removed from such vehicles. A motorcycle is only required to display one number plate. The motorcycle plate may be mounted in any visible manner other than upside down. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0113; SL 1945, ch 186; SL 1989, ch 255, § 16; SL 1989, ch 257, § 99; SL 2016, ch 157, § 2; SL 2017, ch 129, § 1.
32-5-99. Loss of plates--Issuance of duplicates--Affidavit--Fee--Disposition of fee--Report of loss.
In the event of the loss, mutilation, or destruction of any plates issued under this chapter, the owner of the registered vehicle may obtain a duplicate from the department through the county treasurer upon filing an affidavit showing such facts and upon payment of a fee of ten dollars in the office of the county treasurer. Vehicles licensed pursuant to §§ 32-5-8, 32-5-9 and 32-5-9.1 shall pay a fee of two dollars in lieu of the ten-dollar fee. All duplicate fees shall be credited to the license plate revolving fund. If the plates are lost or stolen, the department may not issue a duplicate set of plates until the loss or theft is reported to a law enforcement agency.
Source: SDC 1939, § 44.0105; SL 1943, ch 156, § 1; SL 1949, ch 162, § 1; SL 1955, ch 155; SL 1975, ch 199; SL 1977, ch 249, § 14; SL 1979, ch 205; SL 1984, ch 30, § 41; SL 1986, ch 242, § 19; SL 1988, ch 236, § 19.
32-5-100. Plates as state property.
All motor vehicle license plates issued by the department, or by any county treasurer of the state, shall continue to be the property of the State of South Dakota for the period for which the plates are valid.
Source: SDC 1939, § 44.0113; SL 1945, ch 186; SL 1989, ch 257, § 101.
32-5-101. Operation of vehicle while registration is suspended--Misdemeanor.
Any person who operates any motor vehicle upon the highways of this state while the registration thereof is suspended or revoked, shall be guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 44.9907.
32-5-102. Prosecution for assault or homicide not barred--Civil action.
A conviction of a violation of any of the provisions of this chapter shall not be a bar to a prosecution for an assault or for a homicide or to a civil action for injury caused by any person in operating a motor vehicle.
Source: SDC 1939, § 44.0117.
32-5-103. Trafficking in license plates or decals--Counterfeiting--Unauthorized transfer to another vehicle--Misdemeanor.
Any person, other than a public official designated by this title to do so, who buys, sells, or deals in the license plates or decals provided by this chapter during the time such license plates or decals are valid, or deals with license plates or decals issued by a foreign state, or counterfeits any such license plate or decal or substitutes any marker, is guilty of a Class 1 misdemeanor.
Any person, other than a public official designated by this title to do so, who transfers any registered license plate or decal from the motor vehicle to which it is registered to any other motor vehicle is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 44.9904; SL 2014, ch 141, § 1.
32-5-103.1. Alteration or forgery of registration card--Felony.
No person may alter or forge, or may cause to be altered or forged, a motor vehicle registration card or other temporary registration device or a copy of a card or device issued pursuant to the provisions of this chapter or chapter 32-6B. Any violation of this section is a Class 6 felony.
Source: SL 2014, ch 141, § 2; SL 2015, ch 159, § 1.
32-5-107. Temporary permit for person in possession of title or bill of sale--Inspection of title or bill of sale--Fee--Application--Exclusion.
A person, in possession of either a title in his name or assigned to him or a bill of sale which lists him as the purchaser of the vehicle, may procure from any county treasurer a temporary permit that allows movement of the motor vehicle on the highways of this state. The title or bill of sale shall be available for inspection by any peace officer if the vehicle is being moved. Mobile homes, manufactured housing units, and over-dimensional motor vehicles do not qualify for this permit to use the state's highways. The permit may be purchased for any period of from five to fifteen consecutive days at a fee of one dollar per day for each day the permit is requested. The minimum permit fee is five dollars. The fee is payable to the county treasurer at the time of purchase. All permit fees shall be forwarded monthly by the county treasurer to the department. The secretary shall credit the fee to the state license plate special revenue fund for distribution under § 32-11-33. Only one permit may be issued yearly per motor vehicle.
No permit may be issued pursuant to this section for the temporary use of an off-road vehicle on the public highways of this state.
Source: SL 1968, ch 168; SL 1977, ch 251; SL 1984, ch 30, § 43; SL 1989, ch 257, § 104; SL 1989, ch 259, § 2; SL 1991, ch 242, § 1; SL 2004, ch 17, § 58; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2023, ch 99, § 1.
32-5-110. Commemorative or souvenir license plates--Use for general transportation purposes.
The department may promulgate rules in accordance with chapter 1-26 to establish and market a commemorative or souvenir license plate. The license plate shall be of a design that is clearly identified with South Dakota. The minimum fee for the license plate shall be ten dollars. The license plate may be used for commemorative or souvenir purposes and may be used on the public highways for general transportation purposes. For any license plate to be used for general transportation purposes, the person or group desiring such plate shall apply to the department, describing the purpose for the plate and the duration for which the plate would be valid. The secretary shall, by rules promulgated pursuant to chapter 1-26, establish criteria for issuance of any such plate, including design, duration, restrictions, and other conditions as he considers necessary. In no case may the secretary grant such license plate for a period exceeding thirty days, and such period is not renewable. The commemorative or souvenir license plate shall maintain the basic design and color integrity of the currently issued license plate used for general transportation purposes. Fees collected by the secretary under the provisions of this section shall be transmitted monthly to the state treasurer and shall be credited to the license plate special revenue fund.
Source: SL 1983, ch 232, § 1; SL 1988, ch 245; SL 1989, ch 257, § 108.
32-5-111. Promulgation of rules--Duty of local officials.
The secretary of revenue may promulgate rules pursuant to chapter 1-26 and issue such instructions as are necessary to ensure and obtain uniformity in the administration of the provisions of this chapter.
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, § 50; SL 2004, ch 17, § 59; SL 2007, ch 173, § 37, eff. July 1, 2008; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-5-112. Duties of county treasurers.
The county treasurer shall assist in the administration of chapters 32-3, 32-5, and 32-5B and perform such duties in connection therewith as may be required by the secretary.
Source: SL 1986, ch 242, § 16; SL 1988, ch 236, § 20.
32-5-113. Special firefighter or advanced life support personnel plates--Authorized--Design.
Any owner of a motor vehicle, who is a resident of this state, and has a valid South Dakota driver license or nondriver identification card, who is a firefighter, an advanced life support personnel, or emergency medical technician licensed pursuant to chapter 36-4B, and who has complied with state law in relation to the registration of a motor vehicle, may receive plates bearing a special number and design, and designating the person as a firefighter, advanced life support personnel, or emergency medical technician. The distinctive number plates for a firefighter must be designed by the fire marshal. The distinctive number plates for advanced life support personnel and emergency medical technicians must be designed by the secretary of health. The number plates are subject to the approval of the Department of Revenue. The special plates must be displayed as set forth in § 32-5-98. These plates may only be used on automobiles, pickup trucks, or vans licensed pursuant to § 32-5-6 or pickup trucks pursuant to § 32-5-6.3.
Source: SL 1989, ch 261, § 1; SL 2004, ch 17, § 60; SL 2007, ch 173, § 38, eff. July 1, 2008; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2024, ch 109, § 1, eff. Mar. 1, 2025.
32-5-114. Special firefighter, retired firefighter, or advanced life support personnel plates--Fee.
In addition to the noncommercial license plate fees, an advanced life support personnel, emergency medical technician, or firefighter receiving special license plates provided in § 32-5-113 or retired firefighter plates provided in §§ 32-5-192 and 32-5-193, shall pay a fee of ten dollars for the initial issuance of the special license plates. The special license plate fee collected under this section must be placed in the license plate special revenue fund, as provided under § 32-5-67.
Source: SL 1989, ch 261, § 2; SL 2004, ch 17, § 61; SL 2007, ch 173, § 39, eff. July 1, 2008; SL 2010, ch 153, § 3; SL 2024, ch 109, § 2, eff. Mar. 1, 2025; SL 2024, ch 110, § 3, eff. Mar. 1, 2025.
32-5-115. Time for retention of firefighter's plates.
The number plates authorized by § 32-5-113 shall be retained for the same period of time as plates referred to in § 32-5-83.
Source: SL 1989, ch 261, § 3.
32-5-116. Application to Department of Revenue for special firefighter plates.
Any firefighter desiring special license plates authorized by § 32-5-113 for use during the next year shall make application to the Department of Revenue specifying the number of vehicles to be licensed, the firefighter's name, and the county of residence. The department shall notify the manufacturer of the number of special number plates required in sufficient time that the plates may be produced and sent to the department.
Source: SL 1989, ch 261, § 4; SL 1992, ch 208, § 8; SL 2004, ch 17, § 62; SL 2007, ch 173, § 40, eff. July 1, 2008; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-5-118. Special firefighter or advanced life support personnel plates--Application to county treasurer--Registration fee.
Each firefighter, advanced life support personnel, or emergency medical technician must apply to the county treasurer of the county of the firefighter's, advanced life support personnel's, or emergency medical technician's residence for the issuance of special number plates for the motor vehicles owned by the firefighter, advanced life support personnel, or emergency medical technician. The firefighter, advanced life support personnel, or emergency medical technician, in order to receive the special plates, must pay the registration fee for the plates.
Source: SL 1989, ch 261, § 6; SL 2004, ch 17, § 64; SL 2007, ch 173, § 42; SL 2024, ch 109, § 3, eff. Mar. 1, 2025.
32-5-119. Failure to apply for firefighters or advanced life support personnel plates.
A failure on the part of a firefighter, advanced life support personnel, or emergency medical technician to make application to the Department of Revenue for the special number plates as provided in § 32-5-116 will result in the applicant being required to accept regular number plates for the applicant's motor vehicle.
Source: SL 1989, ch 261, § 7; SL 2004, ch 17, § 65; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2024, ch 109, § 4, eff. Mar. 1, 2025.
32-5-120. Special firefighter or advanced life support personnel plates--Surrender upon discharge, separation, or retirement--Exception.
If an advanced life support personnel or emergency medical technician is discharged or retires, or a firefighter is discharged or retires with less than ten years of service, the firefighter, advanced life support personnel, or emergency medical technician must surrender the special number plates identifying the person as a firefighter, advanced life support personnel, or emergency medical technician. The special plates must be surrendered to the secretary, who shall make the necessary changes in the registration file. A firefighter may retain the special number plates if the plates are removed from the vehicle and the secretary is made aware that the firefighter is replacing the plates. The firefighter, advanced life support personnel, or emergency medical technician shall then obtain regular number plates.
Source: SL 1989, ch 261, § 8; SL 2004, ch 17, § 66; SL 2007, ch 173, § 43, eff. July 1, 2008; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2024, ch 109, § 5, eff. Mar. 1, 2025; SL 2024, ch 110, § 4, eff. Mar. 1, 2025.
32-5-121. Special firefighter or advanced life support personnel plates--Transfer.
If at any time a motor vehicle subject to the special number plates issued for the firefighter, advanced life support personnel, or emergency medical technician is sold, conveyed, or otherwise transferred by the firefighter, advanced life support personnel, or emergency medical technician to whom the special number plates have been issued, the firefighter, advanced life support personnel, or emergency medical technician must notify the department. The department shall process a new registration indicating that the special plates issued to the motor vehicle must be transferred. The secretary shall make the necessary changes in the file. The department shall notify the applicant of any corrections that need to be made.
Source: SL 1989, ch 261, § 9; SL 2004, ch 17, § 67; SL 2007, ch 173, § 44, eff. July 1, 2008; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2024, ch 109, § 6, eff. Mar. 1, 2025.
32-5-122. Special firefighter or advanced life support personnel plates--Applicability of state motor vehicle laws.
All statutes of this state relating to the registration of motor vehicles; the titling and licensing of motor vehicles; the fees for registering, titling, and licensing of motor vehicles; and the retention of plates from year to year are applicable to any firefighter, advanced life support personnel, or emergency medical technician and the special plates issued in conformity with § 32-5-113.
Source: SL 1989, ch 261, § 10; SL 2007, ch 173, § 45; SL 2024, ch 109, § 7, eff. Mar. 1, 2025.
32-5-123. Special plates identifying Indian tribes.
Any owner of a motor vehicle who is a resident of this state and who has complied with all of the laws of this state in relation to the registration of a motor vehicle may receive plates bearing a special design identifying an Indian tribe located within the state. The special license plates shall be issued only upon proof of payment of the current registration fees. The special plates shall be in lieu of the regular number plates issued for the motor vehicle pursuant to § 32-5-98. Annual renewal of these special plates shall be in accordance with the general provisions of this chapter.
Source: SL 1991, ch 243, § 1; SL 1992, ch 210; SL 2007, ch 173, § 46.
32-5-124. Fee for Indian tribe license plates.
A ten dollar administrative fee shall be charged for the special plates and deposited into the treasury of the designated tribe to be used for the maintenance, construction, and supervision of tribal highways and bridges.
Source: SL 1991, ch 243, § 2; SL 2007, ch 173, § 47.
32-5-125. Replacement of Indian tribe license plates.
If an Indian tribe license plate is lost, mutilated, or destroyed, the owner of the registered vehicle may obtain a duplicate set of plates upon filing an affidavit showing such facts and after paying a ten dollar fee to the department. The fee shall be credited to the license plate special revenue fund.
Source: SL 1991, ch 243, § 3.
32-5-126. Certain trailers licensed more than one year--Fee.
The department may provide, to an owner of any fleet of fifty or more trailers, registrations and license plates for the trailers which are valid for a period of not more than seven consecutive years. Such registered trailers are exempt from the requirements of an annual registration as provided by this chapter. The owner of such a fleet shall make application directly to the department. The owner shall pay at the time of registration for each trailer the registration fee as provided by § 32-5-8 for the entire registration period. The owner shall pay any registration fee increases which occur during the period for which the trailers are registered. All fees collected shall be deposited in the local government highway and bridge fund created pursuant to § 32-11-34. The department may cancel the registrations and license plates at any time for any reason.
Source: SL 1993, ch 224; SL 2021, ch 125, § 6.
32-5-127. Additional charges for decals and plates mailed to owner.
In addition to the registration fees required by this chapter, the department or county treasurer shall collect from the owner one dollar and fifty cents per decal or set of decals and seven dollars and fifty cents per license plate or set of plates when plates are sent to the owner through the mail.
Source: SL 1994, ch 240, § 5; SL 2009, ch 150, § 1; SL 2023, ch 98, § 2, eff. Mar. 14, 2023.
32-5-128. Exemption from excise tax for motor vehicles leased to tax exempt entities.
Any motor vehicle purchased by a lessor that is to be leased for more than twenty-eight days by an entity exempted in §§ 32-5-42 and 32-5-42.1 is exempt from the excise tax levied by §§ 32-5B-1 and 32-5B-1.1. If the lease is terminated and the motor vehicle is subsequently leased to a nonexempt entity, tax shall be assessed unless otherwise exempted.
Source: SL 1994, ch 243.
32-5-140. Repealed by SL 2012, ch 164, § 1.
32-5-142. Suspension of registration, title, or license if distress warrant issued--Credit for fee paid.
If the county treasurer has issued a distress warrant pursuant to § 10-56-24 and payment or restitution has not been made for the motor vehicle registration, title, or license, the department shall suspend such registration, title, or license. The department shall also issue a credit for the amount of the fee remitted to the department for registering or titling the motor vehicle.
Source: SL 2000, ch 144, § 1.
32-5-143. Definitions.
Terms used in §§ 32-5-143 to 32-5-151, inclusive, mean:
(1) "Department," the Department of Revenue;
(2) "Disclose," to knowingly engage in any practice or conduct to make available and make known personal information contained in a motor vehicle record about a person to any other person, organization, or entity, by any means of communication;
(3) "Express consent," consent in writing, and includes consent that is conveyed electronically that bears an electronic signature;
(4) "Individual record," a motor vehicle record containing personal information about a designated person who is the subject of the record as identified in a request;
(5) "Motor vehicle record," any record that pertains to a motor vehicle registration, motor vehicle title, or document issued by the department or any other state or local agency authorized to issue any such forms of credentials;
(6) "Personal information," information that identifies a person, including a social security number, driver identification number, name, address (but not the five-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, or registration status;
(7) "Record," includes any book, paper, photograph, photostat, card, film, tape, recording, electronic data, printout, or other documentary material regardless of physical form or characteristics.
Source: SL 2001, ch 165, § 1; SL 2004, ch 17, § 75; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-5-144. Disclosure of personal information contained in motor vehicle records prohibited--Exceptions.
Notwithstanding any other provision of state law to the contrary, except as provided in §§ 32-5-145 to 32-5-147, inclusive, the department and any officer, employee, agent, or contractor thereof may not disclose personal information about any person obtained by the department in connection with a motor vehicle record. Under no circumstances may a person's social security number or medical or disability information from a motor vehicle record be disclosed, except for the purposes permitted by subdivisions 32-5-147(1), (3), and (5).
Source: SL 2001, ch 165, § 2.
32-5-145. Personal information to be disclosed for certain purposes.
Personal information shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of Titles I and IV of the Anti Car Theft Act of 1992, 15 U.S.C. § 2021 et seq., as of January 1, 2001, the Automobile Information Disclosure Act, 15 U.S.C. § 1231 et seq., as of January 1, 2001, and the Clean Air Act, 42 U.S.C. § 7401 et seq. , as of January 1, 2001, chapters 301, 305, and 321-331 of Title 49, as of January 1, 2001, and agency regulations enacted or adopted pursuant to the authority of, or to attain compliance with, these acts of Congress.
Source: SL 2001, ch 165, § 3.
32-5-146. Disclosure to one who has subject's consent.
Personal information may be disclosed to any person who demonstrates, in such form and manner as the department prescribes, that express consent of the person who is the subject of the information has been obtained.
Source: SL 2001, ch 165, § 4.
32-5-147. Disclosure on proof of identity of requestor and representation of use for certain limited purposes.
Personal information may be disclosed to any person by the department on proof of the identity of the person requesting the record and representation by such person that the use of the personal information will be strictly limited to the following described uses:
(1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a government agency in carrying out its functions;
(2) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only under the following circumstances:
(a) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(b) If such information as submitted is not correct or is no longer correct, to obtain the correct information for the purposes of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual;
(3) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court;
(4) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals;
(5) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti- fraud activities, rating, or underwriting;
(6) For use in providing notice to the owners or lienholders of towed or impounded vehicles;
(7) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this section;
(8) For use in connection with the operation of private toll transportation facilities;
(9) For any other use specifically authorized under the law of the state that holds the record, if such use is related to the operation of a motor vehicle or public safety.
Source: SL 2001, ch 165, § 5.
32-5-148. Department may impose conditions on requesting person.
The department may, prior to the disclosure of personal information as permitted under §§ 32-5-144 to 32-5-147, inclusive, require the requesting person to meet conditions for the purposes of obtaining reasonable assurance concerning the identity of such requesting person, and, to the extent required, that the use will be only as authorized, or the consent of the person who is the subject of the information has been obtained. Such conditions may include the making and filing of a written application in such form and containing such information and certification requirements as the department may prescribe.
Source: SL 2001, ch 165, § 6.
32-5-149. Retention of records by certain recipients.
Any authorized recipient, except a recipient of an individual record under § 32-5-148, who resells or rediscloses personal information shall maintain for a period of at least five years records as to the information obtained and the permitted use for which it was obtained and shall make such records available for inspection by the department, upon request.
Source: SL 2001, ch 165, § 7.
32-5-150. Misrepresentation by requesting person as misdemeanor--Use of personal information to commit crime of violence as felony.
Any person who requests disclosure of personal information from department records and who misrepresents his or her identity or knowingly makes a false statement to the department on any application required to be submitted pursuant to §§ 32-5-143 to 32-5-151, inclusive, is guilty of a Class 1 misdemeanor. However, if any person uses the personal information obtained pursuant to §§ 32-5-143 to 32-5-151, inclusive, to commit a crime of violence as defined in § 22-1-2, the person is guilty of a Class 5 felony.
Source: SL 2001, ch 165, § 8.
32-5-151. Person in possession of title or certificate authorized to renew registration--Misrepresentation as misdemeanor.
For the purpose of license renewal, any person in possession of a motor vehicle title or license renewal certificate provided by the state or the county may renew the vehicle's registration on behalf of the owner. Presentation of the motor vehicle title or license renewal certificate by anyone other than the owner is deemed consent of the vehicle owner. Any person who knowingly misrepresents or makes any false statement for license renewal is guilty of a Class 1 misdemeanor.
Source: SL 2001, ch 165, § 10.
32-5-152. Low-speed vehicles.
Each low-speed vehicle shall be registered in accordance with § 32-5-5. A license plate shall be issued indicating that the vehicle is a low-speed vehicle.
Source: SL 2008, ch 147, § 4.
32-5-153. Highway patrol fee.
There is hereby imposed a fee of one dollar on each vehicle registered and licensed in this state for the purpose of administering the Division of Highway Patrol. Before any vehicle is registered pursuant to chapter 32-5 or 32-9, the county treasurer or Department of Revenue shall collect the highway patrol fee. Before any vehicle is registered pursuant to chapter 32-10, the Department of Revenue shall collect the highway patrol fee. The fee shall be credited to the state motor vehicle fund.
Source: SL 2009, ch 152, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-5-154. Definitions regarding military specialty plates.
Terms used in §§ 32-5-155 to 32-5-166, inclusive, mean,
(1) "Veteran," any person who meets the provisions of § 33A-2-1;
(2) "Owner," any person who owns a motor vehicle that is operated or driven on the public highways of this state or any person with written authorization to act on behalf of and as an agent for the owner;
(3) "Active duty," active duty in the United States armed forces; and
(4) "Service," service in the United States armed forces.
Source: SL 2014, ch 142, § 1.
32-5-155. Military specialty plates listed.
Any owner may apply for a military specialty plate if the owner meets the requirements of §§ 32-5-154 to 32-5-166, inclusive. The available military specialty plates are as follows:
(1) National Guard plate;
(2) Disabled veteran plate;
(3) Veteran plate;
(4) Active duty plate;
(5) Prisoner of War plate;
(6) Pearl Harbor survivor plate;
(7) Gold Star plate;
(8) Purple Heart plate;
(9) Medal of Honor plate;
(10) Silver Star plate;
(11) Distinguished Service Cross plate;
(12) Navy Cross plate;
(13) Air Force Cross plate;
(14) Distinguished Flying Cross plate;
(15) Bronze Star with Valor plate;
(16) Bronze Star plate;
(17) Tribal veteran plate;
(18) Woman veteran plate; and
(19) Legion of Merit plate.
Source: SL 2014, ch 142, § 2; SL 2017, ch 130, § 1; SL 2018, ch 181, § 1; SL 2024, ch 111, § 1, eff. Mar. 1, 2025.
32-5-156. General requirements for military specialty plates.
Any owner applying for a military specialty plate listed in § 32-5-155 shall meet the following general requirements:
(1) Be a resident of this state;
(2) Possess a valid South Dakota driver license or a valid South Dakota nondriver identification card;
(3) Comply with all state laws regarding registration and licensing; and
(4) Pay all associated fees pursuant to §§ 32-5-159 and 32-5-160.
Source: SL 2014, ch 142, § 3; SL 2015, ch 160, § 1.
32-5-157. Specific additional requirements for military specialty plates.
Any owner applying for a military specialty plate listed in § 32-5-155 must meet the following specific additional requirements for the respective military specialty plate:
(1) Any applicant for the National Guard plate must be an active enlisted member of the National Guard, an active warrant officer of the National Guard, an active commissioned member of the National Guard, or a retired member of the National Guard with twenty years or more of creditable service;
(2) Any applicant for the disabled veteran plate must be a veteran who has been rated as in receipt of a statutory benefit for loss or loss of use of one or more extremities, a veteran who receives a veteran's allotment for a total service-connected disability, or a veteran who has received a United States Veterans Administration K Award. The disability must have been incurred while serving on active duty during a time of war or while participating in a military mission involving armed conflict;
(3) Any applicant for the veteran plate must be an honorably discharged veteran who served on active duty;
(4) Any applicant for the active duty plate must currently be serving on active duty;
(5) Any applicant for the Prisoner of War plate must be a veteran who was a prisoner of war while serving on active duty;
(6) Any applicant for the Pearl Harbor survivor plate must have survived the attack at Pearl Harbor, Hawaii, on December 7, 1941, while serving on active duty, and have received an honorable discharge from the United States armed forces;
(7) Any applicant for the Gold Star plate must be a parent, spouse, sibling, or child of a member of the United States armed forces who died while serving this country on active duty or as a result of that service;
(8) Any applicant for the Purple Heart plate must be a veteran who received the Purple Heart as a result of the applicant's service;
(9) Any applicant for the Medal of Honor plate must be a veteran who received the Medal of Honor as a result of the applicant's service;
(10) Any applicant for the Silver Star plate must have received the Silver Star as a result of the applicant's service;
(11) Any applicant for the Distinguished Service Cross plate must have received the Distinguished Service Cross as a result of the applicant's service;
(12) Any applicant for the Navy Cross plate must have received the Navy Cross as a result of the applicant's service;
(13) Any applicant for the Air Force Cross plate must have received the Air Force Cross as a result of the applicant's service;
(14) Any applicant for the Distinguished Flying Cross plate must have received the Distinguished Flying Cross as a result of the applicant's service;
(15) Any applicant for the Bronze Star with Valor plate must have received the Bronze Star with Valor as a result of the applicant's service;
(16) Any applicant for the Bronze Star plate must have received the Bronze Star as a result of the applicant's service;
(17) Any applicant for the tribal veteran plate must be a member of a tribe and an honorably discharged veteran who served on active duty;
(18) Any applicant for the woman veteran plate must be a woman and an honorably discharged veteran who served on active duty; and
(19) Any applicant for the Legion of Merit plate must have received the Legion of Merit as a result of the applicant's service.
Source: SL 2014, ch 142, § 4; SL 2015, ch 161, § 1; SL 2017, ch 130, § 2; SL 2018, ch 181, § 2; SL 2024, ch 111, § 2, eff. Mar. 1, 2025.
32-5-157.1. Disabled veteran--Lower fees for plates, renewal decals, registration.
A disabled veteran may obtain standard issue county motor vehicle or motorcycle license plates in lieu of disabled veteran plates if the disabled veteran meets the requirements listed in §§ 32-5-156 and 32-5-157. A disabled veteran who obtains plates pursuant to this section shall pay fees according to § 32-5-160.
Source: SL 2024, ch 112, § 1.
32-5-158. Application for military specialty plate--Falsification of application as misdemeanor--Determination of eligibility.
Any owner applying for a military specialty plate shall submit an application, on a form prescribed by the secretary, to the county treasurer of the applicant's county of residence. Any applicant who submits a falsified application is guilty of a Class 1 misdemeanor. The secretary may, at any time, require the applicant to provide additional information to determine if the applicant meets the military specialty plate requirements. The secretary may confer with the Department of the Military, the Department of Veterans Affairs, and the United States Department of Veterans Affairs, to determine if the applicant meets the military specialty plate requirements.
Source: SL 2014, ch 142, § 5.
32-5-159. Fee for initial issuance of military specialty plates.
In addition to the noncommercial annual registration and plate fees, each person receiving military specialty plates shall pay an additional ten dollar fee for the initial issuance of the military specialty plates. All fees collected under this section shall be placed in the license plate special revenue fund.
Source: SL 2014, ch 142, § 6.
32-5-160. Certain military specialty plates not subject to annual registration fees--Maximum sets--Permissible vehicles.
Notwithstanding § 32-5-159 or any other contrary provisions of §§ 32-5-154 to 32-5-166, inclusive, each veteran receiving the disabled veteran, Prisoner of War, Pearl Harbor survivor, or Purple Heart military specialty plates shall pay a ten dollar fee for the initial issuance of the military specialty plate and an annual fee of ten dollars for renewal decals, but is not subject to the annual registration fees assessed pursuant to § 32-5-6 or 32-5-9.
Notwithstanding § 32-5-159 or any other contrary provisions of §§ 32-5-154 to 32-5-166, inclusive, each veteran receiving the Medal of Honor plate may not be assessed annual registration fees, pursuant to § 32-5-6 or 32-5-9, or any other fees associated with the military specialty plate or renewal decals.
Each veteran receiving a disabled veteran, Prisoner of War, Pearl Harbor survivor, Purple Heart, or Medal of Honor military specialty plate may get a maximum of two sets of the applied for military specialty plate. The plates may be placed on any automobile, pickup truck, or van licensed pursuant to § 32-5-6 or a motorcycle licensed pursuant to § 32-5-9. The veteran may choose to place one of the two sets of military specialty plates on a noncommercial pickup truck, which weighs more than six thousand pounds, licensed pursuant to § 32-5-6.3, or a motor home licensed pursuant to § 32-5-6.1, but shall pay the regular annual registration fees pursuant to those sections.
Notwithstanding § 32-5-159, an applicant for a tribal veteran plate shall pay a fee in accordance with § 32-5-124, with the fee distributed pursuant to § 32-5-124.
Source: SL 2014, ch 142, § 7; SL 2017, ch 130, § 3.
32-5-161. Reflectorized military specialty plates--Annual decals--Permissible vehicles--Display.
Each military specialty plate shall be reflectorized and validated with a decal each year in the same manner as a noncommercial license plate. Military specialty plates may only be used on automobiles, pickup trucks, or vans licensed pursuant to § 32-5-6, motorcycles licensed pursuant to § 32-5-9, pickup trucks licensed pursuant to § 32-5-6.3, or motor homes licensed pursuant to § 32-5-6.1. Military specialty plates shall be displayed in accordance with § 32-5-98.
Source: SL 2014, ch 142, § 8.
32-5-162. Number and design of military specialty plates--Requirements.
Military specialty plates must be numbered and designed by the secretary, with the exception of the National Guard plate which must be designed by the adjutant general and approved by the secretary. The military specialty plates shall meet the following specific requirements:
(1) The National Guard plate must contain a symbol indicating that the owner is a current or retired member of the National Guard;
(2) The disabled veteran plate must consist of a white background bordered on the left by a blue field with white stars and on the right by alternating red and white stripes. The words Disabled Veteran, must be inscribed on the plate in blue, in at least ten point bold type;
(3) The veteran plate must designate the owner as a veteran. The plate may allow for additional indication of the conflict, rank, or status of the veteran;
(4) The active duty plate must designate the owner as currently serving on active duty. The plate may allow for additional indication of the conflict, rank, or status of the active duty member;
(5) The Prisoner of War plate must contain a symbol indicating that the owner was a prisoner of war;
(6) The Pearl Harbor survivor plate must contain a symbol indicating that the owner survived the attack at Pearl Harbor, Hawaii while serving on active duty;
(7) The Gold Star plate must contain a symbol indicating that the owner is a parent, spouse, sibling, or child of a member of the United States armed forces who died while serving this country on active duty or as a result of that service;
(8) The Purple Heart plate must contain a symbol indicating that the owner received the Purple Heart as a result of the owner's service;
(9) The Medal of Honor plate must contain a symbol indicating that the owner received the Medal of Honor, including a facsimile of the medallion portion corresponding to the branch of the United States armed forces for which the owner served when the medal was received, as a result of the owner's service;
(10) The Silver Star plate must contain a symbol indicating that the owner received the Silver Star as a result of the owner's service;
(11) The Distinguished Service Cross plate must contain a symbol indicating that the owner received the Distinguished Service Cross as a result of the owner's service;
(12) The Navy Cross plate must contain a symbol indicating that the owner received the Navy Cross as a result of the owner's service;
(13) The Air Force Cross plate must contain a symbol indicating that the owner received the Air Force Cross as a result of the owner's service;
(14) The Distinguished Flying Cross plate must contain a symbol indicating that the owner received the Distinguished Flying Cross as a result of the owner's service;
(15) The Bronze Star with Valor plate must contain a symbol indicating that the owner received the Bronze Star with Valor as a result of the owner's service;
(16) The Bronze Star plate must contain a symbol indicating that the owner received the Bronze Star as a result of the owner's service;
(17) The tribal veteran plate must be of the same design as provided in § 32-5-123 and must designate the owner as a veteran;
(18) The woman veteran plate must designate the owner as a woman and a veteran. The plate may allow for additional indication of the conflict, rank, or status of the veteran; and
(19) The Legion of Merit plate must contain a symbol indicating that the owner received the Legion of Merit as a result of the owner's service.
Source: SL 2014, ch 142, § 9; SL 2015, ch 161, § 2; SL 2017, ch 130, § 4; SL 2018, ch 181, § 3; SL 2024, ch 111, § 3, eff. Mar. 1, 2025.
32-5-163. Surrender of military specialty plates--Death of owner--Violation as misdemeanor.
Military specialty plates shall be surrendered to the county treasurer of the owner's residence if the owner no longer qualifies for the plate. The county treasurer shall notify the secretary who shall make the necessary changes in the registration system. The military specialty plates may be retained by the owner's family upon the owner's death, but may not be displayed on any vehicle beyond the expiration of the military specialty plates or renewal decals. Failure to surrender the military specialty plates as required by this section is a Class 2 misdemeanor.
Source: SL 2014, ch 142, § 10.
32-5-164. Transfer of ownership of vehicle with military specialty plate--Credit--Violation as misdemeanor.
If the ownership of a motor vehicle with a military specialty plate is transferred or assigned, the transferor shall remove the military specialty plates from the vehicle and shall receive a credit for the unexpired time on the registration when the plates are attached to another vehicle. The county treasurer shall process a new registration indicating the motor vehicle to which the military specialty plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the registration system and the credit shall be applied. The department shall notify the transferor of any corrections which need to be made.
No credit may be issued if the military specialty plate is detached and not reattached to another motor vehicle. If the transferor fails to remove the military specialty plates pursuant to this section, the transferor is not entitled to any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.
Source: SL 2014, ch 142, § 11.
32-5-165. Destruction, salvage, or condemnation of vehicle with military specialty plate--Credit--Replacement--Violation as misdemeanor.
If a motor vehicle with a military specialty plate is destroyed by collision or fire, disposed of for salvage, or if rejected or condemned for use on the highways as the result of action by any inspection authority of this state, the registered owner of the motor vehicle shall remove the military specialty plates from the vehicle and shall receive a credit for the unexpired time on the registration when the plates are attached to another vehicle. The county treasurer shall process a new registration indicating the motor vehicle to which the military specialty plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the registration system and the credit shall be applied. The department shall notify the transferor of any corrections which need to be made. If the military specialty plates were destroyed, the owner shall apply for a replacement set of plates pursuant to § 32-5-67.
No credit may be issued if the military specialty plate is detached and not reattached to another motor vehicle. If the owner fails to remove the military specialty plates pursuant to this section, the owner is not entitled to any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.
Source: SL 2014, ch 142, § 12.
32-5-166. Duplicate military specialty plates upon loss, mutilation, or destruction.
If any military specialty plate is lost, mutilated, or destroyed, the owner of the registered vehicle may obtain a duplicate upon filing an affidavit showing such facts and after paying a ten dollar fee to the department. The fee shall be credited to the license plate special revenue fund.
Source: SL 2014, ch 142, § 13.
32-5-167. Emblem specialty plates listed.
Any owner of a motor vehicle may apply for an emblem specialty plate if the owner meets the requirements of §§ 32-5-168 to 32-5-178. The available emblem specialty plates are as follows:
(1) Organization;
(2) First responder; or
(3) Organ donor.
Source: SL 2014, ch 143, § 1.
32-5-168. Eligibility for emblem specialty plates.
Any applicant for an emblem specialty plate listed in § 32-5-167 shall meet the following general requirements:
(1) Be a resident of this state;
(2) Possess a valid South Dakota driver license;
(3) Comply with all state laws regarding registration and licensing; and
(4) Pay any applicable fee pursuant to § 32-5-170.
Source: SL 2014, ch 143, § 2.
32-5-168.1 . State seal--Emblem set.
The state seal may be used as an emblem for emblem specialty plates under § 32-5-169 . A fifty dollar fee shall be assessed for each emblem set purchased under this section. Each office of a county treasurer shall be stocked with the state seal emblem.
Source: SL 2020, ch 131, § 1.
32-5-168.2 . State seal emblem fee--Motor vehicle fund.
The county treasurer shall remit to the department the state seal emblem fees collected under § 32-5-168.1 . The fees shall be deposited in the motor vehicle fund.
Source: SL 2020, ch 131, § 2.
32-5-168.3 . State seal emblem design.
The state seal emblem shall be designed by the department and approved by the secretary in accordance with § 1-6-2.1 . The provisions of §§ 32-5-175 to 32-5-178 , inclusive, do not apply to the state seal emblem.
Source: SL 2020, ch 131, § 3.
32-5-169. Reflectorized emblem specialty plates--Annual stickers--Permissible vehicles--Contents.
All emblem specialty plates shall be reflectorized and validated with a sticker each year in the same manner as a noncommercial license plate. The emblem specialty plates shall read, Place Approved Emblem Here, to designate where the emblem shall be placed on the plate. Emblem specialty plates may only be used on automobiles, pickup trucks, or vans licensed pursuant to § 32-5-6, motorcycles licensed pursuant to § 32-5-9, or pickup trucks licensed pursuant to § 32-5-6.3. Emblem specialty plates shall be displayed in accordance with § 32-5-98. The plate shall bear a design of George Washington's face as depicted on Mount Rushmore upon approval by the Department of Revenue. Any change to the emblem specialty plate design will be implemented during the next license plate reissue under § 32-5-83.
Source: SL 2014, ch 143, § 3; SL 2020, ch 132, § 1.
32-5-170. Fee for emblem specialty plates.
If the emblem specialty plates are requested at the time of initial application for title and registration of the vehicle, no additional fees are charged for the plates above the costs involved in registering the motor vehicle. If the emblem specialty plates are requested later or if the motor vehicle has current South Dakota plates, the owner shall surrender the current plates and pay a ten dollar fee for the emblem specialty plates. All fees collected under this section shall be placed in the license plate revolving fund.
Source: SL 2014, ch 143, § 4.
32-5-171. Transfer of ownership of vehicle with emblem specialty plate--Credit--Violation as misdemeanor.
If the ownership of a motor vehicle with an emblem specialty plate is transferred or assigned, the transferor shall remove the emblem specialty plates from the vehicle and shall receive a credit for the unexpired time on the registration if the plates are attached to another vehicle. The county treasurer shall process a new registration indicating the motor vehicle to which the emblem specialty plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the registration system and the credit shall be applied. The department shall notify the transferor of any corrections which need to be made.
No credit may be issued if the emblem specialty plate is detached and not reattached to another motor vehicle. If the transferor fails to remove the emblem specialty plates pursuant to this section, the transferor loses any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.
Source: SL 2014, ch 143, § 5.
32-5-172. Destruction, salvage, or condemnation of vehicle with emblem specialty plate--Credit-- Replacement--Violation as misdemeanor.
If a motor vehicle with an emblem specialty plate is destroyed by collision or fire, disposed of for salvage, or if rejected or condemned for use on the highways as the result of action by any inspection authority of this state, the registered owner of the motor vehicle shall remove the emblem specialty plates from the vehicle and shall receive a credit for the unexpired time on the registration if the plates are attached to another vehicle. The county treasurer shall process a new registration indicating the motor vehicle to which the emblem specialty plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the registration system and the credit shall be applied. The department shall notify the transferor of any corrections which need to be made. If the emblem specialty plates were destroyed, the owner shall apply for a replacement set of plates pursuant to § 32-5-173.
No credit may be issued if the emblem specialty plate is detached and not reattached to another motor vehicle. If the owner fails to remove the emblem specialty plates pursuant to this section, the owner loses any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.
Source: SL 2014, ch 143, § 6.
32-5-173. Duplicate emblem specialty plates upon loss, mutilation, or destruction.
If any emblem specialty plate is lost, mutilated, or destroyed, the owner of the registered vehicle may obtain a duplicate upon filing an affidavit showing such facts and after paying a ten dollar fee to the department. The fee shall be credited to the license plate revolving fund.
Source: SL 2014, ch 143, § 7.
32-5-174. Retention time for emblem specialty plates.
Each emblem specialty plate authorized by § 32-5-167 shall be retained for the same period of time as plates referred to in § 32-5-83.
Source: SL 2014, ch 143, § 8.
32-5-175. Application for emblem to be used on emblem specialty plate.
Any entity applying for an emblem to be used on the emblem specialty plate shall submit an application, on a form prescribed by the secretary, to the department. Each application shall include a completed emblem design with the entity's logo and the entity's name, or in the case of a group organization emblem, an emblem design that clearly depicts the common purpose or theme of the group. In addition to the application, each entity applying for an organization emblem shall submit the following:
(1) A copy of the articles of incorporation for the entity;
(2) A copy of the charter or bylaws for the entity; and
(3) Any Internal Revenue Service ruling regarding the entity's nonprofit tax exemption status.
Source: SL 2014, ch 143, § 9.
32-5-176. General requirements for emblem specialty plates.
Any entity applying for an emblem to be used on an emblem specialty plate listed in § 32-5-167 shall meet the following general requirements:
(1) The primary activity or interest of the entity serves the community, contributes to the welfare of others, and is not offensive or discriminatory in its purpose, nature, activity, or name;
(2) The name and purpose of the entity does not promote any specific product or brand name that is provided for sale;
(3) The emblem of the entity does not promote a specific religion, faith, or anti-religious belief; and
(4) The application pursuant to § 32-5-175 and the emblem design must be approved by the department.
Source: SL 2014, ch 143, § 10.
32-5-177. Specific additional requirements for emblem specialty plates.
Any entity applying for an emblem to be used on the emblem specialty plate shall also meet the following specific additional requirements for the respective emblem specialty plate:
(1) To qualify for an organization emblem, the entity shall be a nonprofit corporation, or a group of nonprofit corporations with a common purpose, on file with the Office of the Secretary of State and must have a minimum of two hundred members, volunteers, or donors; and
(2) To qualify for a first responder emblem, the application and emblem design must be approved by the Department of Public Safety.
Source: SL 2014, ch 143, § 11; SL 2018, ch 182, § 1.
32-5-178. Emblem specialty plates--Administration--Fees--Violation as misdemeanor.
Upon approval of an application and design for an emblem, the department may furnish the emblems to the entity or authorize the entity to produce the entity's approved emblem. If the department furnishes the emblem, the entity shall purchase no fewer than one hundred sets of emblems and the entity shall reimburse the department for the cost of the emblems plus a fifteen percent administration fee. The entity shall establish criteria for an emblem specialty plate owner to qualify for the entity's emblem and the fee to be charged for the entity's emblem. The entity is responsible for the administration of the entity's emblem.
No emblems other than those authorized and approved by the department are permitted on emblem specialty license plates. Misuse of the emblems or use of unauthorized emblems is a Class 2 misdemeanor.
Source: SL 2014, ch 143, § 12; SL 2020, ch 133, § 1.
32-5-179. Special interest motor vehicle plates--Application.
Any person who is a resident of this state and is the owner of a special interest motor vehicle may apply to the county treasurer of the applicant's county of residence for a special interest motor vehicle license plate. The application shall be on a form prescribed by the secretary and is in addition to any other forms required by this chapter. The applicant shall meet all of the requirements in § 32-5-182 and pay any applicable fees in order to receive a special interest motor vehicle license plate.
For purposes of §§ 32-5-179 to 32-5-183, inclusive, a special interest motor vehicle is a vehicle that is collected, preserved, restored, or maintained by the owner as a leisure pursuit and is not used for general or commercial transportation. The special interest motor vehicle license plate may be placed on any automobile, pickup, truck, or van licensed pursuant to § 32-5-6 that qualifies as a special interest motor vehicle.
Source: SL 2016, ch 158, § 1.
32-5-180. Design of special interest motor vehicle plates--Decals--Rear plates.
The special interest motor vehicle plate shall be issued in place of the regular plates issued pursuant to § 32-5-85. The special interest motor vehicle plate shall be designed by the secretary to be visibly distinct from regular noncommercial license plates and shall be either numbered or personalized. If the special interest motor vehicle plate is personalized, the plate shall conform to the requirements established for special personalized license plates in § 32-5-89.2. The special interest motor vehicle plate shall be reflectorized and validated with a decal each year in the same manner as noncommercial license plates. Notwithstanding the requirements of § 32-5-98, a vehicle for which a special interest motor vehicle license plate is issued is not required to display a number plate on the front of the vehicle. The special interest motor vehicle license plate shall be securely fastened to the rear of the special interest motor vehicle in a horizontal and upright position.
Source: SL 2016, ch 158, § 2; SL 2018, ch 183, § 1.
32-5-181. Fees for special interest motor vehicle plates.
In addition to the noncommercial annual registration fees, each applicant for a special interest motor vehicle license plate shall pay an annual twenty-five dollar fee. All fees collected pursuant to this section shall be credited to the license plate special revenue fund.
Source: SL 2016, ch 158, § 3.
32-5-182. Contents of application for special interest motor vehicle plate--Renewal.
An application for a special interest motor vehicle license plate, as provided for in § 32-5-179, shall include a signed affidavit wherein the applicant attests to the following:
(1) The motor vehicle for which the special interest motor vehicle license plate is sought is driven less than seven thousand five hundred miles per year;
(2) The motor vehicle for which the special interest motor vehicle license plate is sought is not used for general or commercial transportation, but rather for occasional transportation, public displays, parades, and related pleasure or hobby activities; and
(3) The current reading on the odometer of the special interest motor vehicle.
The secretary may, at any time, require an applicant to provide additional information to determine if the applicant meets the special interest motor vehicle license plate requirements.
An applicant shall annually, at the time of registration renewal, submit the current odometer reading of the special interest motor vehicle. If an applicant fails to provide this information the registration may not be renewed.
Source: SL 2016, ch 158, § 4; SL 2018, ch 183, § 2.
32-5-183. Misuse of special interest motor vehicle plate.
If an applicant misuses the special interest motor vehicle license plate by not adhering to the special interest motor vehicle license plate requirements, that applicant shall surrender to the department all special interest motor vehicle license plates in his or her possession and is not eligible for a special interest motor vehicle plate for a period of three years.
Source: SL 2016, ch 158, § 5.
32-5-184. Dignity sculpture special plates.
Any owner of a motor vehicle who is a resident of this state and who has complied with all of the laws of this state in relation to the registration of a motor vehicle may receive plates bearing a special design depicting the Dignity sculpture upon approval of the design by the Department of Revenue and the artist. The special license plates shall be issued only upon proof of payment of the current registration fees. The special plates shall be in lieu of the regular number plates issued for the motor vehicle pursuant to § 32-5-98. Annual renewal of these special plates shall be in accordance with the general provisions of this chapter.
Source: SL 2017, ch 131, § 1.
32-5-185. Fee for Dignity sculpture plates.
A ten dollar administrative fee shall be charged for the special plates and deposited into the license plate special revenue fund.
Source: SL 2017, ch 131, § 2.
32-5-186. Lost, stolen, or mutilated Dignity sculpture plate.
If a Dignity sculpture license plate is lost, mutilated, or destroyed, the owner of the registered vehicle may obtain a duplicate set of plates upon filing an affidavit showing the fact the license plate was lost, mutilated, or destroyed and after paying a ten dollar fee to the department. The fee shall be credited to the license plate special revenue fund.
Source: SL 2017, ch 131, § 3.
32-5-187. Electric bicycle exempt from chapter.
An electric bicycle, as defined in § 32-20B-9, is exempt from this chapter.
Source: SL 2019, ch 135, § 10.
32-5-188. Electric motor vehicle--Annual fee--Definitions.
In addition to the license fees paid pursuant to the provisions of this chapter for a motor vehicle, the owner of an electric motor vehicle shall pay an annual fee of fifty dollars. The fee shall be paid at the time of annual registration as otherwise provided in this chapter. However, the license fee imposed by this section does not apply to any motorcycle propelled by an electric motor if the license fee is paid pursuant to § 32-5-9.
For the purposes of this section, the term, electric motor vehicle, means a noncommercial motor vehicle that is propelled by an electric motor that draws electricity from a battery that is capable of being recharged from an external source of electricity and that may be legally operated on the interstate highways in this state and eligible for registration pursuant to the laws of this state. The electric motor vehicle shall have been made by a manufacturer primarily for use on public streets, roads, and highways and meets National Highway Traffic Safety Administration standards included in 49 C.F.R. § 571 as of January 1, 2021.
The fees received pursuant to this section shall be deposited in the state highway fund.
Source: SL 2021, ch 132, § 1.
32-5-189. Nonresident off-road vehicles--Decal--Use of vehicle on public highways--Where affixed.
A non-resident owner of an off-road vehicle not currently registered for on-road use, that meets the requirements of § 32-20-13 and is brought into the state for noncommercial use on the public highways of this state, shall purchase a decal. The decal allows the off-road vehicle to be used on the public highways of this state. The decal is valid for one year from the date of purchase of the decal. The decal must be attached to the rear of the off-road vehicle in a location easily visible for inspection by any peace officer.
Source: SL 2023, ch 99, § 2.
32-5-190. Nonresident off-road vehicles--Application--Fee.
Application for the decal authorized by § 32-5-189 shall be made to the department or a county treasurer. The application shall be on a form approved by the secretary and contain the names of all owners, each owner’s social security number, a description of the off-road vehicle with vehicle identification or serial numbers, and proof of ownership of the off-road vehicle. The application shall be accompanied by a fifty-dollar fee. If the decal is mailed, the applicant shall include the mailing fee imposed pursuant to § 32-5-127.
Source: SL 2023, ch 99, § 3.
32-5-191. Off-road vehicles--Distribution of fees collected.
If the application required by § 32-5-190 is processed solely by the department, the fee shall be deposited into the state motor vehicle fund. If the application is processed by a county treasurer and reviewed by the department, half of the fee shall be deposited in the state motor vehicle fund and half of the fee shall be deposited into the county general fund.
Source: SL 2023, ch 99, § 4.
32-5-192. Retired firefighter specialty plates--Requirements--Design.
Any owner of a motor vehicle, who is a resident of this state, who served as a firefighter for more than ten years, and who has complied with all the laws of this state in relation to the registration of a motor vehicle, may receive plates bearing a special number and design or a license plate decal designating the person as a retired firefighter. The plate or decal must be designed by the fire marshal and subject to the approval of the department. The special plates must be displayed as set forth in § 32-5-98 and follow the same requirements set out in §§ 32-5-115, 32-5-119 and 32-5-221.
Source: SL 2024, ch 110, § 1, eff. Mar. 1, 2025.
32-5-193. Retired firefighter specialty plates--Application--Penalty for falsifying.
Any person applying for a retired firefighter plate shall submit an application, on a form prescribed by the secretary, and signed by the local fire chief, to the county treasurer of the applicant's county of residence. Any applicant who submits a falsified application is guilty of a Class 1 misdemeanor. The secretary may, at any time, require the applicant to provide additional information to determine if the applicant meets the retired firefighter plate requirements.
Source: SL 2024, ch 110, § 2, eff. Mar. 1, 2025.
32-5-194. Habitat conservation specialty plates.
Any owner of a motor vehicle who is a resident of this state and who has complied with all of the laws of this state in relation to the registration of a motor vehicle may receive habitat conservation specialty plates. The specialty plates must be issued only upon proof of payment of the current registration fees. Habitat conservation specialty plates may only be used on automobiles, pickup trucks, or vans licensed pursuant to § 32-5-6, motorcycles licensed pursuant to § 32-5-9, or pickup trucks licensed pursuant to § 32-5-6.3. Habitat conservation specialty plates must be displayed in accordance with § 32-5-98. Annual renewal of habitat conservation specialty plates must be in accordance with the provisions of this chapter.
Source: SL 2024, ch 113, § 1, eff. Mar. 1, 2025.
32-5-195. Habitat conservation specialty plates--Fee.
An administrative fee of ten dollars must be charged for habitat conservation specialty plates. The fee must be deposited into the license plate special revenue fund.
Source: SL 2024, ch 113, § 2, eff. Mar. 1, 2025.
32-5-196. Habitat conservation specialty plates--Design.
The habitat conservation specialty plate must be designed by the Department of Game, Fish and Parks and approved by the secretary of the Department of Revenue. The specialty plates must be reflectorized and designed to have a habitat conservation emblem placed on the plate. The habitat conservation emblem must also be designed by the Department of Game, Fish and Parks and approved by the secretary of the Department of Revenue. Habitat conservation specialty plates must be reissued on a three-year cycle. Any change to the design of these specialty plates must be implemented during the next plate reissue cycle.
Source: SL 2024, ch 113, § 3, eff. Mar. 1, 2025.
32-5-197. Habitat conservation specialty plates--Administration--Emblem fee--Game, fish and parks fund.
The Department of Game, Fish and Parks, and its agents, may sell the habitat conservation emblems and are responsible for the administration of the habitat conservation emblem. Fees for the habitat conservation emblems must be set by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. Any revenue collected from the sale of the habitat conservation emblems must be deposited into the game, fish and parks fund for the purposes of habitat development and enhancement on public and private lands.
Source: SL 2024, ch 113, § 4, eff. Mar. 1, 2025.
32-5-198. Habitat conservation specialty plates--Emblem use--Violation as misdemeanor.
No emblems other than a habitat conservation emblem may be used on the habitat conservation specialty plate. The habitat conservation emblem may not be affixed to any other emblem specialty plate. Misuse of the habitat conservation emblems or use of unauthorized emblems or stickers on the habitat conservation emblem specialty plate is a Class 2 misdemeanor.
Source: SL 2024, ch 113, § 5, eff. Mar. 1, 2025.
32-5-199. Habitat conservation specialty plates--Transfer or replacement.
Habitat conservation specialty plates must be transferred and replaced in the same manner as emblem specialty plates pursuant to §§ 32-5-171 to 32-5-173, inclusive.
Source: SL 2024, ch 113, § 6, eff. Mar. 1, 2025.
