South Dakota Administrative Code

Rule 64:28:12:06 Repealed. 64:28:12:06. Reissuance of certificate of title when all spaces provided for notation of liens have been filled.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:13:06, 12 SDR 111, effective Jan…

Rule 64:28:12:07 Repealed. 64:28:12:07. Notation of lien simultaneous with transfer of South Dakota certificate of title.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:13:07, 12 SDR 111, effective January 12, 1986; 13 …

Rule 64:28:12:08 Repealed. 64:28:12:08. Notation of lien on unencumbered South Dakota certificate of title.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:13:08, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SD…

Rule 64:28:12:09 Notation of junior liens on South Dakota certificates of title. 64:28:12:09. Notation of junior liens on South Dakota certificates of title. The holder of the junior lien instrument shall present the lien instrument together with the valid certificate of title to…

Rule 64:28:12:10 Assignment of liens. 64:28:12:10. Assignment of liens. If a lien to a lien holder is noted on a certificate of title and the lien is then assigned to another lien holder, the county treasurer, upon presentation of an assignment of lien instrument together with th…

Rule 64:28:12:11 Discharge of liens. 64:28:12:11. Discharge of liens. A lien may be considered discharged of record if the date of cancellation is entered over the signature of the county treasurer or an employee of the county treasurer on the certificate of title. Source: SL 197…

Rule 64:28:12:12 Signature of lien holder not due notice of satisfaction of lien. 64:28:12:12. Signature of lien holder not due notice of satisfaction of lien. The signature of the lien holder in the space provided on the face of the certificate of title is not due notice of the …

Rule 64:28:12:13 Repealed. 64:28:12:13. Order to register of deeds to cancel lien to accompany fee for lien discharge.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:13:13, 12 SDR 111, effective January 12, 1986; 13 SDR…

Rule 64:28:12:14 Repealed. 64:28:12:14. Discharge of lien to be noted on file copy after notation made on original certificate of title.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:13:14, 12 SDR 111, effective Januar…

Rule 64:28:12:15 Repealed. 64:28:12:15. Execution of cancellation of lien slip shall not be done when an application for duplicate certificate of title is being made.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:13:15…

Rule 64:28:12:16 Repealed. 64:28:12:16. Delivery of certificate of title.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:13:16, 12 SDR 111, effective January 12, 1986; repealed, 13 SDR 129, 13 SDR 134, effective July 1,…

Rule 64:28:12:17 Repealed. 64:28:12:17. "Order to register of deeds to cancel lien" forms to be kept in supply.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:13:17, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 1…

Rule 64:28:12:18 Date of notation of liens. 64:28:12:18. Date of notation of liens. On certificates of title issued by the state of South Dakota the date of issuance of the certificate of title shall be the date of notation of any liens shown at time of issue. On liens noted on c…

Rule 64:28:12:19 Title with open lien. 64:28:12:19. Title with open lien. A county treasurer shall accept an application for the transfer of a title with an open lien if the application is accompanied by a completed "Order to Cancel Lien" or "Lienholder's Notice of Filing" form. …

Rule 64:28:12:20 Repealed. 64:28:12:20. Notation and cancellation of lien by a secured party participating in the state's pilot project. Repealed. Source: 28 SDR 69, effective November 21, 2001; repealed, 35 SDR 48, effective September 8, 2008.

Rule 64:28:13:01 Repealed. 64:28:13:01. Foreclosure of lien.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:14:01, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR…

Rule 64:28:13:02 Repealed. 64:28:13:02. Court order.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:14:02, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR 4, effe…

Rule 64:28:13:03 Affidavit of repossession. 64:28:13:03. Affidavit of repossession. A South Dakota certificate of title on which a lien has been noted must be surrendered, if available, when a title for a vehicle is submitted on which a repossession is being executed. Other docum…

Rule 64:28:13:03.01 Title -- No lien noted. 64:28:13:03.01. Title -- No lien noted. If there is a lien against a motor vehicle and the lien is not noted, the lien holder may receive title to the motor vehicle by filing an application for title and submitting a copy of the lien in…

Rule 64:28:13:04 Name change due to marriage. 64:28:13:04. Name change due to marriage. Assignment of a title for a name change due to marriage shall be made in the same manner as any other transfer except that on the reverse side of the certificate of title the owner shall sign …

Rule 64:28:13:05 Assignment to joint ownership 64:28:13:05. Assignment to joint ownership. Assignment to joint ownership shall be completed in the manner specified in SDCL chapter 32-3 from the owner of record to the joint ownership. No certificate of title may be issued showing …

Rule 64:28:13:06 Assignment from joint ownership. 64:28:13:06. Assignment from joint ownership. Assignment from joint ownership shall be completed from the joint owners of record to the new purchaser as follows: (1) "John Doe or Mary Doe" may be assigned by either; (2) "John Doe …

Rule 64:28:13:07 Repealed. 64:28:13:07. Assignment with power of attorney. Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from §61:02:14:09, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 17…

Rule 64:28:14:01 Repealed. 64:28:14:01. Definitions.Repealed. Source: 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR 4, effective July 18, 1990.

Rule 64:28:14:02 Repealed. 64:28:14:02. Application for salvage title.Repealed. Source: 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 16 SDR 76, effective November 1, 1989.

Rule 64:28:14:03 Repealed. 64:28:14:03. Damaged motor vehicle -- Clean certificate of title.Repealed. Source: 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 16 SDR 76, effective November 1, 1989.

64:28:15:01. Rental company excise tax exemption--Conditions for eligibility. Regardless of whether an exemption was previously granted, to be eligible for a rental company excise tax exemption, rental companies seeking a motor vehicle excise tax exemption under SDCL subdivision …

64:28:15:02. Place of business--Defined. For purposes of this chapter, the term “place of business” means the location within this state at which a rental company’s business is lawfully conducted in accordance with all applicable building codes, zoning, and other land use ordinan…

64:28:15:03. Records available for inspection. Any rental company that claims exemption from the motor vehicle excise tax, pursuant to this chapter, shall keep and maintain any books, records, or files that indicate compliance with this chapter. The books, records, and files are …

Rule 64:29:02:01 Repealed. 64:29:02:01. Definitions.Repealed. Source: 8 SDR 48, effective November 8, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:21:01:01, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR …

Rule 64:29:02:01.01 Contents of bill of sale. 64:29:02:01.01. Contents of bill of sale. A bill of sale is a signed document which must contain the following information about the vehicle and the parties to the sales transaction: (1) The model year, make, model, and vehicle identi…

Rule 64:29:02:02 Repealed. 64:29:02:02. Used government vehicles subject to registration tax. Repealed. Source: 8 SDR 48, effective November 8, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:21:01:03, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 1…

Rule 64:29:02:03 License issued when requirements are met -- Tax paid. 64:29:02:03. License issued when requirements are met -- Tax paid. A motor vehicle license may not be issued unless all requirements for registration are complete and the correct amount of tax has been collect…

Rule 64:29:02:03.01 Repealed. 64:29:02:03.01. License fee refund.Repealed. Source: 15 SDR 58, effective October 19, 1988; repealed, 17 SDR 4, effective July 18, 1990.

Rule 64:29:02:03.02 Repealed. 64:29:02:03.02. Application for excise tax refund by seller.Repealed. Source: 15 SDR 58, effective October 19, 1988; repealed, 17 SDR 4, effective July 18, 1990.

Rule 64:29:02:03.03 Application for excise tax refund by purchaser. 64:29:02:03.03. Application for excise tax refund by purchaser. A person who purchases a used vehicle from a person other than a licensed motor vehicle dealer and who pays excise tax on the value of the vehicle a…

Rule 64:29:02:04 Receipt required for refunds. 64:29:02:04. Receipt required for refunds. Taxpayers may apply for a refund when proof of tax paid by them in another state is later presented to the county treasurer. Proof shall consist of a certificate from a licensed dealer, a bi…

Rule 64:29:02:04.01 Tangible personal property allowed as trade-in on motor vehicles. 64:29:02:04.01. Tangible personal property allowed as trade-in on motor vehicles. If tangible personal property is taken in trade as part payment on a motor vehicle, the current market value of …

Rule 64:29:02:04.02 Solid waste management fee -- Exclusions. 64:29:02:04.02. Solid waste management fee -- Exclusions. Once a vehicle is registered and the waste management fee paid, the owner is not subject to the fee for tonnage increases or decreases or for duplicate licenses…

Rule 64:29:02:04.03 Repealed. 64:29:02:04.03. Refunds not authorized by law. Repealed. Source: 19 SDR 42, effective September 29, 1992; 45 SDR 83, effective December 18, 2018.

Rule 64:29:02:04.04 Proof of value of insurance check. 64:29:02:04.04. Proof of value of insurance check. For purposes of SDCL 32-5B-4, the trade-in value of a damaged vehicle may include payment made by an insurance company which is intended to cover the damage. Proof of a payme…

Rule 64:29:02:05 Repealed. 64:29:02:05. Tax base for new and used mobile homes.Repealed. Source: 8 SDR 48, effective November 8, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:21:01:09, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effe…

Rule 64:29:02:06 Repealed. 64:29:02:06. Mobile homes purchased before July 1, 1970 -- Exempt.Repealed. Source: 8 SDR 48, effective November 8, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:21:01:10, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13…

Rule 64:29:02:07 Repealed. 64:29:02:07. Verification of value if actual consideration is 20 percent below NADA value.Repealed. Source: 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 95, effective January 10, 1988.

Rule 64:29:02:08 Proof of payment of taxes for reciprocity. 64:29:02:08. Proof of payment of taxes for reciprocity. To receive reciprocity for taxes paid to another state or jurisdiction on a motor vehicle, the applicant must submit proof of the tax the applicant paid. Tangible e…

Rule 64:29:02:09 Repealed. 64:29:02:09. Registration of new motor vehicles with trade-in. Repealed. Source: 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 95, effective January 10, 1988.

Rule 64:29:02:10 Repealed. 64:29:02:10. Motor vehicle title or registration lists -- Approval of use.Repealed. Source: 15 SDR 58, effective October 19, 1988; 17 SDR 4, effective July 18, 1990; 24 SDR 180, effective July 1, 1998; repealed, 27 SDR 147, effective July 8, 2001.

Rule 64:29:02:11 Repealed. 64:29:02:11. Penalty for unauthorized use of list.Repealed. Source: 15 SDR 58, effective October 19, 1988; 17 SDR 4, effective July 18, 1990; repealed, 27 SDR 147, effective July 8, 2001.

Rule 64:29:02:12 Repealed. 64:29:02:12. Fee for motor vehicle title or registration list.Repealed. Source: 15 SDR 58, effective October 19, 1988; repealed, 27 SDR 147, effective July 8, 2001.

Rule 64:29:02:13 Repealed. 64:29:02:13. Model year.Repealed. Source: 15 SDR 58, effective October 19, 1988; repealed, 17 SDR 199, effective July 1, 1991.