Title 32 — MOTOR VEHICLES

[Repealed or reserved.]

A boat is not required to be numbered under this chapter if the boat is: (1) A boat covered by a number still in effect which was awarded pursuant to federal law or a federally approved numbering system of another state, and the boat has neither: (a) Been in this state for more t…

If one of the validation decals or the registration is lost, or if the information for the validation decal or registration has changed and the owner needs to update the validation decal or registration, the owner of a boat numbered under this chapter must apply for replacement o…

Each registration and validation decal shall expire on the last day of the month of the year for which it was issued. The boat shall be registered in the same manner as motor vehicles pursuant to §§ 32-5-2.2 and

The department may upon written request and receipt of a two - dollar fee furnish a person an abstract regarding registration information of any boat registered under the provisions of this chapter. The fee shall be deposited in the state motor vehicle fund. Governmental entities…

The county treasurer may charge the boat owner an administrative fee not to exceed three dollars for each boat license sold pursuant to this chapter. The fee shall be deposited in the county general fund. Source: SL 1988, ch 346 , § 8; SDCL § 42-8-18.1; SL 2016, ch 47 , § 6.

No number other than the number awarded to a boat or granted reciprocity pursuant to this chapter may be attached on either side of the bow of the boat. A violation of this section is a Class 2 misdemeanor. Source: SL 1959, ch 125 , § 4; SDC Supp 1960, § 25.1404 (11); SL 1984, ch…

Any law enforcement officer of this state or its subdivisions may enforce the provisions of this chapter and in the exercise thereof has the authority to stop and board any boat subject to this chapter. Source: SL 1959, ch 125 , § 4; SDC Supp 1960, § 25.1404 (12); SL 1984, ch 273…

Boats subject to the provisions of this chapter are divided into four classes as follows: Class A. Less than sixteen feet in length. Class 1. Sixteen feet or over and less than twenty - six feet in length. Class 2. Twenty - six feet or over and less than forty feet in length. Cla…

The provisions of this chapter shall govern the operation, equipment, numbering, and all other matters relating thereto whenever any boat is operated on the waters of this state, or when any activity regulated by this chapter takes place thereon. Nothing in this chapter shall be …

Terms used in this chapter mean: (1) "Boat," every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water; (2) "Boat dealer," any person or business who in the ordinary course of business sells new or use…

Sections 32-3A-20 to 32-3A-32 , inclusive, apply to large boats which are purchased or acquired by residents of this state on and after March 1, 1992. The provisions of § 32-3A-3 apply to large boats. Any resident of this state who purchases or acquires a large boat shall apply t…

Each owner of a large boat subject to titling under §§ 32-3A-20 to 32-3A-32 , inclusive, shall apply to the county treasurer for issuance of a certificate of title for the large boat within forty-five days after acquisition. The application shall be on forms the department prescr…

If an application made to the county treasurer for a certificate of title pursuant to §§ 32-3A-20 and 32-3A-21 is received and processed entirely by mail, the county treasurer may charge an administration fee for the processing of the title application. An administration fee char…

If a dealer buys or acquires a used large boat for resale, the dealer may apply for and obtain a certificate of title as provided in §§ 32-3A-20 and

Any boat dealer or motor vehicle dealer licensed pursuant to chapter 32-6B transferring a large boat requiring titling under §§ 32-3A-20 to 32-3A-32 , inclusive, shall assign the title to the new owner within forty-five days of the date of sale, or if a new large boat, the boat d…

No person may sell, assign, or transfer a large boat titled by the state without delivering to the purchaser or transferee a certificate of title with an assignment on it showing title in the purchaser or transferee. The certificate of title with an assignment shall be transferre…

The county treasurer shall charge a ten-dollar fee for issuance of a certificate of title, a transfer of title, or a corrected certificate of title. Five dollars of the fee shall be deposited in the state general fund and five dollars shall be deposited in the county general fund…

Any owner who chooses to title a boat in South Dakota, but who does not have a South Dakota-issued driver license or identification card, or a physical address in South Dakota, shall pay a one-hundred-dollar fee in addition to the title application fee imposed by §

No manufacturer or boat dealer may transfer ownership of a new large boat without supplying the transferee with the manufacturer's or importer's certificate of origin signed by the manufacturer's or importer's authorized agent. The certificate shall contain information the depart…

Any boat whose construction began after October 31, 1972, shall have a hull identification number assigned and affixed as required by the federal Boat Safety Act of 1971. The Department of Revenue shall by rules promulgated pursuant to chapter 1-26 , establish the procedures for …

A dealer shall maintain for five years a record of any large boat bought, sold, exchanged, or received for sale or exchange. The dealer shall allow department representatives to inspect the record during reasonable business hours. Source: SL 1991, ch 362 , § 13; SL 1994, ch 335 ,…

If ownership of a large boat is transferred by operation of law, by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within forty-five days after acquiring the right to possession of the large boat, shall mail or deliver to the county tre…

No person may operate or give permission for operation of a nonmotorized boat over twelve feet in length or a motorboat on the waters of this state unless a registration validation decal is displayed on each side of the bow of the boat. No person may operate or give permission fo…

A security interest created in this state on a large boat is not perfected until the security interest is noted on the manufacturer's statement of origin, on the manufacturer's certificate of origin, on the original certificate of title, or when a person applies for a duplicate c…

The department shall prescribe and provide suitable forms for applications, certificate of title, notices of security interests, and all other notices and forms necessary to implement §§ 32-3A-20 to 32-3A-32 , inclusive. Source: SL 1991, ch 362 , § 16; SDCL 42-8-83; SL 1998, ch 7…

The owner of a large boat not yet subject to the titling requirements of §§ 32-3A-20 to 32-3A-32 , inclusive, may apply to the county treasurer of the owner's residence for a certificate of title for the large boat. If there are one or more liens on the large boat, the department…

The secretary of revenue may adopt rules, promulgated pursuant to chapter 1-26 , to establish uniform procedures for the administration of the titling of large boats and registration and numbering of boats for the following areas: (1) Application requirements for the registration…

No boat may be registered in this state until all of the requirements of this chapter have been met. A certificate of title shall be applied for at the time of registration for any large boat. Source: SL 1993, ch 322 , § 8; SL 1994, ch 335 , § 41; SDCL 42-8-86.

The secretary may, upon the completion of an application for a title, payment of the title fee and surrender of evidence of ownership by an applicant, issue a certificate of title, no tax paid, for a large boat if the applicant certifies on the application that the large boat is …

Any person who is an owner of a boat who is required to apply for title or registration, or both, and whose legal residence or chief place of business is outside the state, shall submit an application, a copy of a valid title if from a title issuing state from another jurisdictio…

The county treasurer shall forward each nonnegotiable interstate title to the department with the application for registration, a copy of the valid ownership document or out - of - state registration. The department shall determine if such documents were valid at the time of appl…

The department may upon written request and receipt of a five dollar fee furnish a person an abstract of the title history. The abstract may include all documents filed with the department to establish the title history of the boat. The fee shall be deposited in the state motor v…

The department shall retain each damage disclosure statement received. The statement shall become part of the title history available to the public. Source: SL 2004, ch 203 , § 3; SL 2015, ch 157 , § 15. 32-3A-38.4, 32-3A-38.5. Repealed by SL 2015, ch 157 , §§ 16, 17.

Any large boat that is required to be titled pursuant to this chapter and is sold or offered for sale by a boat dealer as defined in § 32-3A-2 shall display a sticker, decal, or notice that discloses previous damage to the large boat as determined by the department in rules promu…

32-3A-38.8 Large boats previously titled in another state--Notation on title required. 32-3A-39 Temporary permit--Fee. 32-3A-40 Transferred ownership of large boat. 32-3A-41 Late application--Fee--Violation as misdemeanor. 32-3A-42 False statement on application for certificate o…

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

A person, in possession of a title either in his name or assigned to the person or a bill of sale which lists the person as a purchaser of the boat, may procure from any county treasurer a temporary permit which allows use of the boat in South Dakota waters. The title or bill of …

A boat requiring numbering by this state must be registered with the department. An application for registration must be accompanied by a fee to be set by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26 . The new owner of the boat must present to…

If ownership of a large boat is being transferred, the application for certificate of title shall be filed within forty-five days after the date of assignment or acquisition of the large boat. However, a boat dealer need not apply for a certificate of title on any large boat held…

If application for certificate of title is presented more than forty-five days after date of assignment of title or acquisition of the large boat if no title exists or more than forty-five days after assignment of the manufacturer's statement of origin, the officer receiving the …

Any person who knowingly makes a false statement of a material fact, either on the application for certificate of title provided for in this chapter, or in any assignment thereof, is guilty of a Class 5 felony. Source: SL 1993, ch 322 , § 23; SDCL 42-8-94.

Any person who alters or forges, or causes to be altered or forged, any certificate of title issued by the State of South Dakota pursuant to the provisions of this chapter, or any assignment thereof, or any person who shall hold or use any such certificate or assignment knowing t…

The burden of proving ownership and title is upon the applicant for a certificate of title. If satisfied that the applicant is the owner of the large boat and the application is in proper form, the secretary of revenue shall issue a certificate of title over his signature. Source…

The county treasurer, upon receipt of a lien or title instrument duly executed in the manner prescribed by law governing such instruments, together with the fee prescribed for notation thereof which is nonrefundable, shall notify the holder of the certificate of title to deliver …

If a lien is discharged, the lien holder shall execute a release within twenty days after the final payment is received. The release shall contain the certificate of title number and the date of the notation. The lien holder shall deliver the release and certificate of title if h…

Except as otherwise provided in this chapter, every large boat certificate of title, upon transfer of ownership, shall contain a complete record showing the chain of title of such large boat from the owner named on the front of the title to and including the applicant presenting …

The county treasurer shall assist in the administration of this chapter and perform such duties in connection therewith as may be required by the secretary. Source: SL 1993, ch 322 , § 34; SDCL 42-8-100; SL 2003, ch 160 , § 13.

If the secretary finds that an applicant for a certificate of title or registration of a boat is not entitled thereto, under the provisions of this chapter or the chapter which imposes tax on boats, the secretary may refuse to issue a certificate or to register such vehicles, and…

Upon receipt of an application under § 32-3A-4 in approved form, the county treasurer shall enter the application upon the records of its office and issue to the applicant a registration stating the number awarded to the boat and two validation decals. The registration shall stat…