Title 32, MOTOR VEHICLES

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.

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…

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…

Any owner whose boat is registered and documented in accordance with United States Coast Guard regulations is not required to display a South Dakota boat number nor obtain a South Dakota certificate of title on the boat. However, if the boat is used on the waters of this state,th…

In addition to the registration fee required under § 32-3A-5 , the department or county treasurer shall charge the owner two dollars and fifty cents per decal or set of decals if a decal is sent to the owner through the mail. If the applicant requests that a decal be express mail…

In addition to all other fees, a person shall pay an excise tax at the rate of three percent on the purchase price of any large boat, purchased or acquired for use on the waters of this state and required to be registered under the laws of this state. This tax shall be in lieu of…

For purposes of this chapter, the term, large boat, means any boat defined as a large boat by § 32-3A-2 and its accompanying motor. Source: SL 1993, ch 102 , § 2; SL 1994, ch 335 , § 4; SDCL 10-60-2.

Exempt from the provisions of § 32-3A-50 are: (1) Any large boat which is the property of the governmental units which are exempted from motor vehicle registration fees by §§ 32-5-42 and 32-5-42.1 ; (2) Any large boat acquired by inheritance or bequest; (3) Any large boat previou…

For the purposes of this chapter, the purchase price is: (1) For a new large boat, the total consideration whether received in money or otherwise. However, if a large boat is taken in trade as a credit or part payment on a new large boat, the credit or trade - in value allowed by…

On used large boats, the county treasurer shall, for the purpose of this chapter, use the most generally used and approved nationally recognized dealers' guide provided by the secretary of revenue. If the large boat is not covered by the provided dealers' guide, the county treasu…

The new owner of a large boat shall present to the county treasurer in the county of the owner's residence the manufacturer's statement of origin or assigned certificate of title if a title has been previously issued for the large boat, an application for title and registration a…

The excise tax levied by this chapter shall be paid to the county treasurer in the county of the new owner's residence when the owner applies for title and registers the large boat. Source: SL 1993, ch 102 , § 7; SL 1994, ch 335 , § 9; SDCL 10-60-7; SL 1998, ch 74 , § 3.

If any large boat has been subjected previously to a sales tax, use tax, excise tax, or similar tax by this or any other state or its political subdivision, no tax is owed to this state if the tax has been paid by the applicant to this or any other state. If the amount of tax lev…

No title may be issued or transferred for the ownership of any large boat unless the tax levied by this chapter is paid. Source: SL 1993, ch 102 , § 9; SL 1994, ch 335 , § 11; SDCL 10-60-9.

Any seller of a large boat shall, on demand by the secretary of revenue, make available all books, records, and memoranda that relate to the sale of a large boat. The secretary may conduct an audit of the books and records of any seller of a large boat failing or refusing to prod…

The numbers awarded and displayed on a motorboat pursuant to § 32-3A-5 may not be less than three inches in height and shall be maintained in legible condition. The registration shall be available at all times for inspection in the boat for which issued, whenever the boat is in o…

Unless otherwise provided by the provisions of this chapter, all revenues received pursuant to this chapter shall be deposited in the state general fund. Source: SL 1993, ch 102 , § 12; SDCL 10-60-11; SL 2025, ch 117 , § 3.

For the purposes of this chapter, the term, siblings, includes any individuals who are brother or sister by blood, marriage, or adoption. Source: SL 1993, ch 102 , § 13; SDCL 10-60-14.

Of the total revenue collected as a result of the tax imposed by this chapter, 56.25 percent of the total revenue shall be allocated for state aid to education pursuant to chapter 13-13 . Source: SL 1993, ch 102 , § 12A; SDCL § 10-60-12; SL 2015, ch 89 , § 23.

Expenditures of the money allocated by § 32-3A-62 shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary of the Department of Education. All expenditures allocated by § 32-3A-62 shall be made through a General Appropriations Act. Source: SL…

For the purposes of this chapter, any leasing or rental company that operates within the principal place of business of a dealer, licensed pursuant to chapter 32-7B , is a business separate from the dealership. A leasing or rental company shall title, license, and tax any leased …

It is the duty of the Division of Criminal Investigation, the highway patrol, the sheriff or deputies of every county of the state, and of the chief of police or commissioner of police of every municipality, of this state to make an immediate report to the attorney general of all…