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South Dakota House Bill HB1129

South Dakota 2025 Regular Session

South Dakota House Bill HB1129 Compare Versions

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1-25.140.23 100th Legislative Session 1129
1+25.140.22 100th Legislative Session 1129
22
33
44 2025 South Dakota Legislature
55 House Bill 1129
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to provide for the transfer of motor vehicles and boats upon death.
12-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
13-Section 1. That chapter 32-3 be amended with a NEW SECTION:
14-Any person who owns a motor vehicle, off-road vehicle, snowmobile, or boat as
15-defined in § 32-3A-2, may submit to the department an application to provide for the
16-transfer of the property upon the person's death or the death of the last survivor of a joint
17-tenancy with the right of survivorship by designating on the certificate of title a beneficiary
18-to whom the property will be transferred on the death of the owner or the last survivor.
19-A trust may be the beneficiary of a transfer on death certificate of title. The
20-certificate of title must include the name of the owner, the name of any joint tenant with
21-the right of survivorship, and the designated beneficiary of the transfer on death.
22-A beneficiary may be designated on the certificate of title only if all owners of the
23-property provide written approval on the application submitted under this section.
24-Section 2. That a NEW SECTION be added to chapter 32-3:
25-Upon the death of the owner of property with a certificate of title containing a
26-designation of beneficiary, or upon the death of the last survivor of a joint tenancy with
27-the right of survivorship, the designated beneficiary may submit to the department a n
28-affidavit verifying the death of the owner or the death of the last survivor of a joint tenancy
29-with the right of survivorship.
30-Upon verifying an affidavit received from a designated beneficiary, the department
31-shall issue a certificate of title reflecting the transfer of ownership of the property.
32-Section 3. That chapter 32-3 be amended with a NEW SECTION: 25.140.23 2 1129
33-HB1129 ENROLLED
34-A designated beneficiary of the transfer on death has no interest in the property
35-until the death of the owner or the last survivor of the joint tenancy with the right of
36-survivorship.
37-An owner or joint tenant with the right of survivorship may change a designation
38-of beneficiary without the consent of any beneficiary by applying for a subsequent
39-certificate of title, pursuant to section 1 of this Act.
40-Section 4. That a NEW SECTION be added to chapter 32-3:
41-An owner of property may not designate a beneficiary, pursuant to section 1 of this
42-Act, if the property is subject to any lien or other encumbrance.
43-The department may not issue a certificate of title reflecting the transfer of
44-ownership, pursuant to section 2 of this Act, if the property is subject to any lien or other
45-encumbrance.
46-Section 5. That chapter 32-3 be amended with a NEW SECTION:
47-Ownership of a motor vehicle, off-road vehicle, snowmobile, or boat as defined in
48-§ 32-3-2, with a certificate of title that has a beneficiary designation, pursuant to section
49-1 of this Act, and on which an application for a subsequent certificate of title has not been
50-filed, vests in the designated beneficiary upon the death of the owner or the last survivor
51-of the joint tenancy with the right of survivorship, if the property is not subject to any lien
52-or other encumbrance. 25.140.23 3 1129
53-HB1129 ENROLLED
54-An Act to provide for the transfer of motor vehicles and boats upon death.
55-
56-
57-
58-
59-I certify that the attached Act originated in
60-the:
61-
62-House as Bill No. 1129
63-
64-
65-
66-Chief Clerk
67-
68-
69-
70-
71-Speaker of the House
72-
73-Attest:
74-
75-
76-
77-
78-Chief Clerk
79-
80-
81-
82-
83-President of the Senate
84-
85-Attest:
866
877
888
899
9010
91-Secretary of the Senate
9211
12+Introduced by: Representative Mortenson
9313
94-
95-House Bill No. 1129
96-File No. ____
97-Chapter No. ______
98-
99-
100-
101-Received at this Executive Office
102-this _____ day of _____________,
103-
104-2025 at ____________M.
105-
106-
107-
108-By
109-for the Governor
110-
111-
112-The attached Act is hereby
113-approved this ________ day of
114-______________, A.D., 2025
115-
116-
117-
118-
119-
120-Governor
121-
122-STATE OF SOUTH DAKOTA ,
123-ss.
124-Office of the Secretary of State
125-
126-
127-Filed ____________, 2025
128- at _________ o'clock __M.
129-
130-
131-
132-
133-
134-Secretary of State
135-
136-
137-
138-By
139-Asst. Secretary of State
140-
141-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to to provide for the transfer of motor vehicles and boats upon death. 1
17+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18+Section 1. That chapter 32-3 be amended with a NEW SECTION: 3
19+Any person who owns a motor vehicle, off-road vehicle, snowmobile, or boat as 4
20+defined in § 32-3A-2, may submit to the department an application to provide for the 5
21+transfer of the property upon the person's death or the death of the last survivor of a joint 6
22+tenancy with the right of survivorship by designating on the certificate of title a beneficiary 7
23+to whom the property will be transferred on the death of the owner or the last survivor. 8
24+A trust may be the beneficiary of a transfer on death certificate of title. The 9
25+certificate of title must include the name of the owner, the name of any joint tenant with 10
26+the right of survivorship, and the designated beneficiary of the transfer on death. 11
27+A beneficiary may be designated on the certificate of title only if all owners of the 12
28+property provide written approval on the application submitted under this section. 13
29+Section 2. That a NEW SECTION be added to chapter 32-3: 14
30+Upon the death of the owner of property with a certificate of title containing a 15
31+designation of beneficiary, or upon the death of the last survivor of a joint tenancy with 16
32+the right of survivorship, the designated beneficiary may submit to the department an 17
33+affidavit verifying the death of the owner or the death of the last survivor of a joint tenancy 18
34+with the right of survivorship. 19
35+Upon verifying an affidavit received from a designated beneficiary, the department 20
36+shall issue a certificate of title reflecting the transfer of ownership of the property. 21
37+Section 3. That chapter 32-3 be amended with a NEW SECTION: 22 25.140.22 2 1129
38+ Underscores indicate new language.
39+ Overstrikes indicate deleted language.
40+A designated beneficiary of the transfer on death has no interest in the property 1
41+until the death of the owner or the last survivor of the joint tenancy with the right of 2
42+survivorship. 3
43+An owner or joint tenant with the right of survivorship may change a designation 4
44+of beneficiary without the consent of any beneficiary by applying for a subsequent 5
45+certificate of title, pursuant to section 1 of this Act. 6
46+Section 4. That a NEW SECTION be added to chapter 32-3: 7
47+An owner of property may not designate a beneficiary, pursuant to section 1 of this 8
48+Act, if the property is subject to any lien or other encumbrance. 9
49+The department may not issue a certificate of title reflecting the transfer of 10
50+ownership, pursuant to section 2 of this Act, if the property is subject to any lien or other 11
51+encumbrance. 12
52+Section 5. That chapter 32-3 be amended with a NEW SECTION: 13
53+Ownership of a motor vehicle, off-road vehicle, snowmobile, or boat as defined in 14
54+§ 32-3-2, with a certificate of title that has a beneficiary designation, pursuant to section 15
55+1 of this Act, and on which an application for a subsequent certificate of title has not been 16
56+filed, vests in the designated beneficiary upon the death of the owner or the last survivor 17
57+of the joint tenancy with the right of survivorship, if the property is not subject to any lien 18
58+or other encumbrance. 19