| 6 | | - | ENROLLED |
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| 7 | | - | |
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| 8 | | - | AN ACT |
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| 9 | | - | |
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| 10 | | - | |
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| 11 | | - | ENTITLED An Act to establish an electronic system for vehicle titles. |
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| 12 | | - | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: |
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| 13 | | - | Section 1. That § 10-4-2 be AMENDED: |
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| 14 | | - | 10-4-2. Real property, for the purposes of ad valorem taxation, includes: |
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| 15 | | - | (1) Land and all rights and privileges thereto belonging; |
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| 16 | | - | (2) Improvements to land and all rights and privileges thereto belonging, consisting of |
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| 17 | | - | items permanently affixed to and becoming part of the real estate. The term, |
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| 18 | | - | permanently affixed, refers to the economic life of the improvement rather than |
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| 19 | | - | perpetuity; |
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| 20 | | - | (3) Mines, minerals, and quarries; |
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| 21 | | - | (4) Buildings and structures which are on foundations, and improvements to buildings |
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| 22 | | - | and structures including any heating system, air conditioning, ventilation, |
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| 23 | | - | sanitation, lighting, or plumbing which is part of the building or structure; and |
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| 24 | | - | (5) Mobile homes as defined in § 32-3-1 which are on foundations. |
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| 25 | | - | For assessment purposes, a structure is anything constructed or erected from an |
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| 26 | | - | assembly of materials, which requires a permanent location on or in the ground. |
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| 27 | | - | For assessment purposes, a building is a structure designed to stand permanently |
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| 28 | | - | and cover a space of land which is enclosed by walls and is covered with a roof. |
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| 29 | | - | Section 2. That § 10-4-2.4 be AMENDED: |
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| 30 | | - | 10-4-2.4. Real property, for the purposes of ad valorem taxation, includes |
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| 31 | | - | manufactured homes as defined in § 32-3-1 and mobile homes as defined in § 32-3-1. |
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| 32 | | - | This section does not apply to any manufactured home in the inventory of any dealer as |
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| 33 | | - | defined in § 32-7A-1. |
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| 34 | | - | Section 3. That § 10-9-1 be AMENDED: 25.794.12 2 131 |
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| 35 | | - | SB131 ENROLLED |
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| 36 | | - | 10-9-1. As used in this chapter, unless the context otherwise plainly requires, |
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| 37 | | - | "mobile home" means a mobile home as that term is defined in § 32-3-1. |
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| 38 | | - | Section 4. That § 10-45-2.1 be AMENDED: |
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| 39 | | - | 10-45-2.1. Sales of sectional homes are subject to sales tax, which shall be based |
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| 40 | | - | upon the fair market value of the raw materials used to construct each home. |
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| 41 | | - | For the purpose of this section, the term, sectional homes, means any home pre - |
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| 42 | | - | built in whole or in part for the purpose of permanent placement on a foundation. Mobile |
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| 43 | | - | homes as defined in § 32-3-1 and manufactured homes as defined in § 32-3-1 are not |
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| 44 | | - | sectional homes. |
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| 45 | | - | Section 5. That § 10-46-5.1 be AMENDED: |
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| 46 | | - | 10-46-5.1. If a sectional home is permanently affixed to real property, it is not a |
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| 47 | | - | vehicle subject to registration under chapter 32-3, and shall be classified as real property. |
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| 48 | | - | A contractor who erects such a home shall hold a sales tax or use tax license and pay use |
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| 49 | | - | tax based upon the fair market value of the raw materials used to construct and erect the |
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| 50 | | - | home. |
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| 51 | | - | For the purpose of this section, the term, sectional home, means any home pre - |
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| 52 | | - | built in part or in whole for the purpose of permanent placement on a foundation. Mobile |
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| 53 | | - | homes as defined by § 32-3-1 and manufactured homes as defined in § 32-3-1 are not |
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| 54 | | - | sectional homes. |
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| 55 | | - | Section 6. That § 32-3-1 be AMENDED: |
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| 56 | | - | 32-3-1. Terms used in chapters 32-3 to 32-5B, inclusive, mean: |
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| 57 | | - | (1) "Approved entity," any person who receives or transfers a vehicle title by sale, gift, |
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| 58 | | - | or any means, and who is authorized by the department to use the electronic title |
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| 59 | | - | and registration system to validate ownership and facilitate the assignment, |
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| 60 | | - | reassignment, or transfer of title custody or ownership of a vehicle without a paper |
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| 61 | | - | record; |
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| 62 | | - | (2) "Commercial motor vehicle," any motor vehicle used or maintained for the |
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| 63 | | - | transportation of persons or property for hire, compensation, or profit; or designed, |
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| 64 | | - | used, or maintained primarily for the transportation of property, and not |
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| 65 | | - | specifically excluded under § 32-9-3; 25.794.12 3 131 |
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| 66 | | - | SB131 ENROLLED |
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| 67 | | - | (3) "Component part," any part of a motor vehicle, trailer, or semitrailer other than a |
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| 68 | | - | tire, having a vehicle identification number; |
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| 69 | | - | (4) "Dealer," any person who, for commission or with intent to make a profit or gain, |
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| 70 | | - | sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a |
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| 71 | | - | sale or exchange of new, or new and used vehicles; or who is engaged wholly or |
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| 72 | | - | in part in the business of selling new, or new and used vehicles, whether or not the |
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| 73 | | - | vehicles are owned by that person; |
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| 74 | | - | (5) "Department," Department of Revenue; |
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| 75 | | - | (6) "Electric bicycle," as that term is defined in § 32-20B-9; |
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| 76 | | - | (7) "Electronic title and registration system," a system established under § 32-3-69.1 |
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| 77 | | - | by which title applications, title lien statements, certificates of title, and other |
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| 78 | | - | supporting documents, signatures, and fees are entered and transmitted through |
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| 79 | | - | the title application and registration process in an electronic format; |
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| 80 | | - | (8) "ERT provider," a person who operates a program that provides title and |
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| 81 | | - | registration services and is authorized by the department to act on behalf of the |
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| 82 | | - | department and county treasurers in receiving, processing, and transmitting to the |
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| 83 | | - | department registration applications and related fees; |
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| 84 | | - | (9) "Gross vehicle weight rating," the value specified by the manufacturer as the |
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| 85 | | - | loaded weight of a single vehicle; |
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| 86 | | - | (10) "Junking certificate," a certificate of ownership, which may not be restored to a |
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| 87 | | - | title document that allows highway use, issued by the department to the owner of |
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| 88 | | - | a vehicle that is going to be dismantled and sold for parts; |
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| 89 | | - | (11) "Low-speed vehicle," a four-wheeled motor vehicle whose speed attainable in one |
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| 90 | | - | mile is more than twenty miles per hour and not more than twenty -five miles per |
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| 91 | | - | hour on a paved level surface; |
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| 92 | | - | (12) "Manufactured home," a structure, transportable in one or more sections, that is |
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| 93 | | - | eight body feet or more in width or forty body feet or more in length in the traveling |
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| 94 | | - | mode, or is three hundred twenty square feet or more when erected on a site; that |
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| 95 | | - | is built on a permanent chassis and designed to be used as a dwelling, with or |
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| 96 | | - | without a permanent foundation, when connected to the required utilities; and that |
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| 97 | | - | contains the plumbing, heating, air conditioning, and electrical systems therein. |
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| 98 | | - | The term includes any structure that meets all the requirements of this subdivision |
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| 99 | | - | and any other structure that has been certified by the secretary of housing and |
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| 100 | | - | urban development. The term does not include a recreational park trailer; 25.794.12 4 131 |
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| 101 | | - | SB131 ENROLLED |
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| 102 | | - | (13) "Manufacturer," any person, firm, corporation, limited liability company, or |
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| 103 | | - | association engaged in the manufacture of new motor vehicles as a regular |
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| 104 | | - | business; |
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| 105 | | - | (14) "Mobile home," a movable or portable unit, designed and constructed to be towed |
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| 106 | | - | on its own chassis (comprised of frame and wheels), and designed to be connected |
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| 107 | | - | to utilities for year-round occupancy. The term includes: |
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| 108 | | - | (a) Units containing parts that may be folded, collapsed, or telescoped when |
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| 109 | | - | being towed and that may be expanded to provide additional cubic capacity; |
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| 110 | | - | and |
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| 111 | | - | (b) Units composed of two or more separately towable components designed |
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| 112 | | - | to be joined into one integral unit capable of being separated again into the |
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| 113 | | - | components for repeated towing. |
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| 114 | | - | The term does not include a recreational park trailer; |
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| 115 | | - | (15) "Moped," a motor-driven cycle equipped with two or three wheels. If a combustion |
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| 116 | | - | engine is used, the maximum piston or rotor displacement is fifty cubic centimeters |
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| 117 | | - | regardless of the number of chambers in the power source. The power source must |
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| 118 | | - | be equipped with a power drive system that functions directly or automatically |
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| 119 | | - | only, not requiring clutching or shifting by the operator after the drive system is |
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| 120 | | - | engaged. The term does not include an electric bicycle; |
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| 121 | | - | (16) "Motorcycle," includes motorcycles, motorbikes, mopeds, bicycles with a motor |
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| 122 | | - | attached, and all motor-operated vehicles of the bicycle or tricycle type, whether |
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| 123 | | - | the motive power be a part thereof or attached thereto, and having a saddle or |
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| 124 | | - | seat with the driver sitting astride or upon it, or a platform on which the driver |
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| 125 | | - | stands, but excluding a tractor. The term does not include an electric bicycle; |
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| 126 | | - | (17) "Motor vehicle," automobiles, motor trucks, motorcycles, house trailers, trailers, |
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| 127 | | - | and all vehicles propelled by power other than muscular power, except traction |
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| 128 | | - | engines, road rollers, farm wagons, freight trailers, vehicles that run only on rails |
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| 129 | | - | or tracks, electric bicycles, multi-passenger quadricycle as defined in § 32-14-17, |
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| 130 | | - | and off-road vehicles as defined in § 32-20-1; |
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| 131 | | - | (18) "New motor vehicle," any motor vehicle to which a manufacturer's statement of |
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| 132 | | - | origin has not been transferred, or is a motor vehicle on which title was issued |
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| 133 | | - | from the manufacturer's statement of origin or manufacturer's certificate of origin |
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| 134 | | - | and is still in the name of the first person who took title to the vehicle; |
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| 135 | | - | (19) "Noncommercial motor vehicle," any motor vehicle not classified as a commercial |
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| 136 | | - | motor vehicle; 25.794.12 5 131 |
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| 137 | | - | SB131 ENROLLED |
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| 138 | | - | (20) "Noncommercial trailer or semitrailer," any trailer or semitrailer not used or |
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| 139 | | - | maintained for the transportation of persons or property for hire, compensation, or |
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| 140 | | - | profit; |
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| 141 | | - | (21) "Notation," a physical or electronic process of recording a lien on a certificate of |
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| 142 | | - | title, a manufacturer's statement of origin, or a manufacturer's certificate of origin; |
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| 143 | | - | (22) "Off-road vehicle," any self-propelled, two-or-more-wheeled vehicle designed |
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| 144 | | - | primarily to be operated on land other than a highway and includes all terrain |
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| 145 | | - | vehicles, dune buggies, and any vehicle whose manufacturer's statement of origin |
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| 146 | | - | or manufacturer's certificate of origin states that the vehicle is not for highway use. |
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| 147 | | - | The term does not include a farm vehicle or an electric bicycle as defined in this |
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| 148 | | - | section; |
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| 149 | | - | (23) "Owner," any person, firm, association, trust, or corporation renting a motor |
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| 150 | | - | vehicle or having the exclusive use thereof, under a lease or otherwise, for a period |
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| 151 | | - | greater than thirty days; as between contract vendor and contract vendee, the |
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| 152 | | - | term, owner, refers to the contract vendee, unless the contrary clearly appears |
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| 153 | | - | from the context of chapters 32-3 to 32-5B, inclusive, or a person or trust having |
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| 154 | | - | legal possession or title; |
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| 155 | | - | (24) "Rebuilt vehicle," any motor vehicle, trailer, or semitrailer that has been rebuilt by |
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| 156 | | - | the addition or deletion of assemblies, subassemblies, parts, or component parts |
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| 157 | | - | so that upon gross visual examination it does not appear to be the vehicle described |
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| 158 | | - | in the certificate of title last issued for the vehicle, or whose title has been marked |
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| 159 | | - | as rebuilt by this state or another state or jurisdiction; |
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| 160 | | - | (25) "Recreational park trailer," a vehicle that is primarily designed to provide |
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| 161 | | - | temporary living quarters for recreational, camping, or seasonal use and which: |
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| 162 | | - | (a) Is built on a single chassis mounted on wheels; |
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| 163 | | - | (b) Has a gross trailer area not exceeding four hundred square feet in the setup |
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| 164 | | - | mode; |
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| 165 | | - | (c) Is certified by the manufacturer as complying with American National |
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| 166 | | - | Standards Institute Standard No. A119.5 in effect on January 1, 2008; and |
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| 167 | | - | (d) Has at least a seventeen digit identification number and the manufacturer |
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| 168 | | - | has designated the vehicle as a recreational park model on the |
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| 169 | | - | manufacturer statement of origin; |
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| 170 | | - | (26) "Recreational vehicle," a vehicular portable structure built on a chassis designed to |
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| 171 | | - | be used as a temporary dwelling for travel, recreational, vacation, or seasonal uses, 25.794.12 6 131 |
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| 172 | | - | SB131 ENROLLED |
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| 173 | | - | and that is permanently identified as a travel trailer or a recreational park trailer |
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| 174 | | - | by the manufacturer of the trailer; |
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| 175 | | - | (27) "Road tractor," any motor vehicle designed and used for drawing other vehicles, |
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| 176 | | - | except farm or logging tractors used exclusively for farming or logging, and not so |
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| 177 | | - | constructed as to carry any load thereon either independently or any part of the |
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| 178 | | - | weight of a vehicle or load so drawn; |
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| 179 | | - | (28) "Secretary," secretary of revenue; |
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| 180 | | - | (29) "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, |
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| 181 | | - | designed and used in conjunction with a fifth wheel connecting device on a motor |
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| 182 | | - | vehicle constructed so that some part of its weight and that of its load rests upon |
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| 183 | | - | or is carried by another vehicle; |
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| 184 | | - | (30) "State," includes the territories and the federal districts of the United States; |
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| 185 | | - | (31) "Trailer," any vehicle without motive power designed for carrying property or |
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| 186 | | - | passengers wholly on its own structure and for being drawn by a motor vehicle; |
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| 187 | | - | (32) "Truck tractor," any motor vehicle designed and used primarily for drawing other |
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| 188 | | - | vehicles and not so constructed as to carry a load other than a part of the weight |
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| 189 | | - | of the vehicle and load so drawn; |
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| 190 | | - | (33) "Used vehicle," any motor vehicle to which title has been issued to someone other |
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| 191 | | - | than the first person who took title to the motor vehicle from the manufacturer's |
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| 192 | | - | statement of origin or manufacturer's certificate of origin; and |
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| 193 | | - | (34) "Vehicle identification number," the number assigned by the manufacturer or by |
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| 194 | | - | the department for the purpose of identifying the vehicle. The term includes any |
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| 195 | | - | number or letters assigned by the manufacturer for the purpose of identifying a |
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| 196 | | - | component part and any such number stamped on a vehicle or part according to |
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| 197 | | - | law or the rules promulgated by the department for the purpose of identifying the |
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| 198 | | - | vehicle or part. |
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| 199 | | - | Section 7. That § 32-3-53 be AMENDED: |
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| 200 | | - | 32-3-53. If any vehicle, trailer, or semitrailer is rebuilt as defined in § 32-3-1 and |
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| 201 | | - | is restored to operation, the owner shall submit an application to the Department of |
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| 202 | | - | Revenue for a rebuilt title. The motor vehicle, trailer, or semitrailer may not be licensed |
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| 203 | | - | or titled until there is submitted to the department proper affidavits, photo copies of |
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| 204 | | - | receipts, bills of sale establishing ownership, or titles and the source of all parts and |
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| 205 | | - | component parts used to rebuild the vehicle. The rebuilt title and registration shall be |
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| 206 | | - | issued and delivered in accordance with the provisions of this chapter. After the motor 25.794.12 7 131 |
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| 207 | | - | SB131 ENROLLED |
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| 208 | | - | vehicle is inspected, the owner shall take his copy of the certificate of inspection to the |
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| 209 | | - | county treasurer, purchase his license plates and pay any tax owed. Once the department |
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| 210 | | - | is notified that the inspection is complete and has verified that the correct amount of tax |
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| 211 | | - | has been paid, it shall issue a rebuilt title. Each new certificate of title shall have noted |
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| 212 | | - | thereon that the vehicle has been rebuilt. The highway patrol or an employee of the |
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| 213 | | - | department may inspect rebuilt titles and rebuilt motor vehicles. |
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| 214 | | - | Section 8. That § 32-3-57 be AMENDED: |
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| 215 | | - | 32-3-57. The secretary of revenue may promulgate rules pursuant to chapter 1- |
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| 216 | | - | 26 and issue instructions as are necessary to ensure and obtain uniformity in the |
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| 217 | | - | administration of the provisions of this chapter. Rules may be adopted in the following |
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| 218 | | - | areas: |
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| 219 | | - | (1) Application requirements for new vehicles, trailers, snowmobiles, and mobile |
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| 220 | | - | homes; |
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| 221 | | - | (2) Certificate of title for vehicles previously registered, time limits of making |
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| 222 | | - | application, duplicate certificates, and transfer of certificate of title; |
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| 223 | | - | (3) Assignment of certificate of title; |
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| 224 | | - | (4) Corrections of titles and procedure when there is a body type change; |
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| 225 | | - | (5) Lien recording, assignment of liens, execution of cancellation of liens, and delivery |
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| 226 | | - | of certificate of title; |
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| 227 | | - | (6) Transfer of ownership; |
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| 228 | | - | (7) Registration tax dealers guides for used vehicles or mobile homes, older motor |
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| 229 | | - | vehicles and government vehicles, title and license requirements, nonresident |
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| 230 | | - | reciprocity, manufacturer's price sticker, wrecked motor vehicles, leased vehicles, |
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| 231 | | - | and homemade vehicles; |
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| 232 | | - | (8) Establishment of a transaction fee for online access to the title and registration |
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| 233 | | - | system that does not exceed fifty cents for each transaction; |
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| 234 | | - | (9) Standards and procedures for the electronic title and registration system under |
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| 235 | | - | § 32-3-69.1, including qualifications, applications, and annual registration fees for |
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| 236 | | - | approved entities; |
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| 237 | | - | (10) Standards and procedures for the electronic lien filing system under § 32-3-70; |
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| 238 | | - | and |
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| 239 | | - | (11) Requirements for retention of physical documents. |
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| 240 | | - | All local officials charged with the administration of the provisions of this chapter |
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| 241 | | - | are governed in their official acts by the rules promulgated by the secretary. 25.794.12 8 131 |
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| 242 | | - | SB131 ENROLLED |
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| 243 | | - | Section 9. That § 32-3-69.1 be AMENDED: |
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| 244 | | - | 32-3-69.1. On or before July 1, 2026, the department shall establish an electronic |
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| 245 | | - | title and registration system for motor vehicles; boats, as described in chapters 32-3A and |
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| 246 | | - | 32-7B; vehicles, as defined in § 32-6B-1; snowmobiles, as described in chapter 32-6C; |
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| 247 | | - | manufactured and mobile homes, as described in chapter 32-7A; commercial motor |
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| 248 | | - | vehicles, as described in chapter 32-9; and fleet vehicles and fleets, as described in |
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| 249 | | - | chapter 32-10. |
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| 250 | | - | The electronic title and registration system required under this section must |
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| 251 | | - | permit: |
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| 252 | | - | (1) Electronic transmission of data and scans by an approved entity or county treasurer |
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| 253 | | - | to or from the department in lieu of the transmission of paper documents required |
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| 254 | | - | under this chapter, including: |
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| 255 | | - | (a) The manufacturer's statement of origin; |
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| 256 | | - | (b) The manufacturer's certificate of origin; and |
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| 257 | | - | (c) Odometer disclosure information; |
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| 258 | | - | (2) Receipt and processing of electronic record transactions from an approved entity; |
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| 259 | | - | (3) The production and submission by an approved entity of title records generated |
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| 260 | | - | from electronic records of title and registration maintained by the department; and |
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| 261 | | - | (4) Certification and audit by the department of data and scans submitted to the |
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| 262 | | - | department by an approved entity. |
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| 263 | | - | Any approved entity or other participant in the electronic title and registration |
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| 264 | | - | system shall submit electronic applications for original vehicle titles in a form and format |
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| 265 | | - | prescribed by the department. A participant shall electronically provide all documentation |
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| 266 | | - | or information required by the department to process the electronic title application, |
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| 267 | | - | including the electronic manufacturer's statement of origin or odometer disclosure |
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| 268 | | - | statement. The department shall verify the authenticity of the electronic in formation |
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| 269 | | - | before the electronic title is issued. |
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| 270 | | - | Section 10. That a NEW SECTION be added to chapter 32-3: |
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| 271 | | - | An entity must submit an application to become an approved entity for purposes |
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| 272 | | - | of this chapter. An approved entity may charge a customer a fee for services provided |
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| 273 | | - | under section 11 of this Act. |
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| 274 | | - | Section 11. That a NEW SECTION be added to chapter 32-3: 25.794.12 9 131 |
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| 275 | | - | SB131 ENROLLED |
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| 276 | | - | An approved entity using the electronic title and registration system shall transmit |
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| 277 | | - | all application documents, required electronic signatures, and fees, through the system to |
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| 278 | | - | the department. Upon receiving an application transmitted through the electronic title and |
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| 279 | | - | registration system, the county treasurer shall, by close of business on the third business |
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| 280 | | - | day, either: |
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| 281 | | - | (1) Accept the application and forward it to the department; or |
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| 282 | | - | (2) Reject the application and return it to the approved entity. |
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| 283 | | - | Section 12. That a NEW SECTION be added to chapter 32-3: |
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| 284 | | - | The department shall enter into contracts with one or more qualified ERT providers |
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| 285 | | - | to integrate with the electronic title and registration system and other necessary, related |
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| 286 | | - | state systems to provide software and programs to approved entities, the departme nt, |
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| 287 | | - | and county treasurers, to facilitate electronic vehicle registration, titling, and filing of lien |
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| 288 | | - | statements. |
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| 289 | | - | An ERT provider that contracts with the department under this section may act on |
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| 290 | | - | behalf of the department and county treasurers in receiving, processing, and transmitting, |
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| 291 | | - | to the county treasurer, title and lien applications, title lien statements, and related |
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| 292 | | - | documents and fees. An ERT provider may charge the approved entity a fee for services |
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| 293 | | - | provided under this section. |
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| 294 | | - | Section 13. That a NEW SECTION be added to chapter 32-3: |
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| 295 | | - | Any reference in this chapter to a "certificate of title" also applies to an electronic |
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| 296 | | - | record of title under the electronic title and registration system required by § 32-3-69.1. |
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| 297 | | - | The department may allow a person to submit a document required under this chapter by |
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| 298 | | - | using electronic media deemed feasible by the department, instead of requiring an original |
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| 299 | | - | document. If a signature on a document is required by law and the document is submitted |
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| 300 | | - | electronically, the signature requirement is satisfied by an authenticated, electronically |
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| 301 | | - | submitted signature. An electronically submitted document, once accepted by the |
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| 302 | | - | department, is deemed the same as an original document and is admissible i n all |
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| 303 | | - | administrative, quasi-judicial, and judicial proceedings. |
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| 304 | | - | Section 14. That a NEW SECTION be added to chapter 32-3: |
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| 305 | | - | If a title is held electronically, no paper title will be printed, except in the following |
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| 306 | | - | circumstances: 25.794.12 10 131 |
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| 307 | | - | SB131 ENROLLED |
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| 308 | | - | (1) The owner is relocating to another state, and there is no electronic system in place |
|---|
| 309 | | - | to transfer the title electronically between the states; |
|---|
| 310 | | - | (2) The owner has sold the titled property to a new owner in another state, and there |
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| 311 | | - | is no electronic system in place to transfer the title electronically between the |
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| 312 | | - | states; or |
|---|
| 313 | | - | (3) The owner requests a paper title to be printed and pays the applicable fee under |
|---|
| 314 | | - | this chapter. |
|---|
| 315 | | - | The owner is required to submit an application to the department to have the paper |
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| 316 | | - | title printed pursuant to this section. The application must be in a form prescribed by the |
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| 317 | | - | department. If the title is subject to a lien, the requirements of § 32-3-70 must be met. |
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| 318 | | - | Section 15. That § 32-5-85 be AMENDED: |
|---|
| 319 | | - | 32-5-85. Two number plates must be issued, except that as to a motorcycle, |
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| 320 | | - | recreational vehicle, semitrailer, and trailer, as such terms are defined in § 32-3-1, one |
|---|
| 321 | | - | number plate must be issued. |
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| 322 | | - | Section 16. That § 32-10-1 be AMENDED: |
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| 323 | | - | 32-10-1. Terms used in this chapter mean: |
|---|
| 324 | | - | (1) "Administrator," the secretary of revenue; |
|---|
| 325 | | - | (2) "Commercial vehicle," any vehicle which is operated in interstate commerce in |
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| 326 | | - | furtherance of any commercial enterprise; |
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| 327 | | - | (3) "Department," the Department of Revenue; |
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| 328 | | - | (4) "Interstate commerce," the movement of a vehicle between jurisdictions but does |
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| 329 | | - | not include the movement of any vehicle which transports or is being used to |
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| 330 | | - | transport persons or property, the transportation of which originates in one |
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| 331 | | - | jurisdiction and passes into or through another jurisdiction or jurisdictions, for |
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| 332 | | - | delivery in the jurisdiction in which the transportation originated; |
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| 333 | | - | (5) "Jurisdiction," a state, district, territory, or possession of the United States, a |
|---|
| 334 | | - | foreign country, and a state or province of a foreign country; |
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| 335 | | - | (6) "Motor vehicle," shall have the meaning ascribed to it by § 32-9-1; |
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| 336 | | - | (7) "Owner," as defined in subdivision § 32-3-1, except that for the purposes of |
|---|
| 337 | | - | proportional registration of vehicles as authorized and provided in §§ 32-10-10 and |
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| 338 | | - | 32-10-15 to 32-10-28, inclusive, "owner" means a person who holds a legal title |
|---|
| 339 | | - | of a vehicle, or in the event a vehicle is the subject of an agreement for the |
|---|
| 340 | | - | conditional sale thereof with the right of purchase upon performance of the 25.794.12 11 131 |
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| 341 | | - | SB131 ENROLLED |
|---|
| 342 | | - | conditions stated in the agreement and with an immediate right of possession |
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| 343 | | - | vested in the conditional vendee, or in the event while a vehicle is subject to a |
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| 344 | | - | lease with an immediate right of possession vested in the lessee, or in the event a |
|---|
| 345 | | - | mortgagor of a vehicle is entitled to possession, then such conditional vendee, |
|---|
| 346 | | - | lessee or mortgagee is considered to be the owner; |
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| 347 | | - | (8) "Person" shall have the meaning ascribed to it by § 32-9-1; |
|---|
| 348 | | - | (9) "Preceding year," a period of twelve consecutive months fixed by the administrator |
|---|
| 349 | | - | which period shall be within the sixteen months immediately preceding the |
|---|
| 350 | | - | commencement of the registration or license year for which proportional |
|---|
| 351 | | - | registration is sought; and the administrator in fixing such period shall make it |
|---|
| 352 | | - | conform to the terms, conditions, and requirements of any applicable agreement |
|---|
| 353 | | - | or arrangement for the proportional registration of vehicles; |
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| 354 | | - | (10) "Properly registered," as applied to place of registration: |
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| 355 | | - | (a) The jurisdiction where the person registering the vehicle has his legal |
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| 356 | | - | residence; or |
|---|
| 357 | | - | (b) In the case of a commercial vehicle, the jurisdiction in which it is registered |
|---|
| 358 | | - | if the commercial enterprise in which such vehicle is used has a place of |
|---|
| 359 | | - | business therein, and, if the vehicle is most frequently dispatched, garaged, |
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| 360 | | - | serviced, maintained, operated, or otherwise controlled in or from such |
|---|
| 361 | | - | place of business, and, the owner has assigned the vehicle to such place of |
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| 362 | | - | business; or |
|---|
| 363 | | - | (c) In the case of a commercial vehicle, the jurisdiction where, because of an |
|---|
| 364 | | - | agreement or arrangement between two or more jurisdictions, or pursuant |
|---|
| 365 | | - | to a declaration, the vehicle has been registered as required by said |
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| 366 | | - | jurisdiction. |
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| 367 | | - | In case of doubt or dispute as to the proper place of registration of a vehicle, the |
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| 368 | | - | administrator shall make final determination, but in making such determination, |
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| 369 | | - | may confer with administrators of the other states or jurisdictions affected; |
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| 370 | | - | (11) "Vehicle" shall have the meaning ascribed to it by § 32-9-1. |
|---|
| 371 | | - | Section 17. That § 32-14-11 be AMENDED: |
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| 372 | | - | 32-14-11. No person may occupy a house trailer or a recreational vehicle as |
|---|
| 373 | | - | defined by § 32-3-1 while it is being towed. A violation of this section is a petty offense. |
|---|
| 374 | | - | This section does not apply to a recreational vehicle being towed by a truck, truck tractor, |
|---|
| 375 | | - | or pickup with a fifth-wheel device, if the recreational vehicle is equipped with safety 25.794.12 12 131 |
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| 376 | | - | SB131 ENROLLED |
|---|
| 377 | | - | glazing materials wherever glazing materials are used in windows or doors, with an audible |
|---|
| 378 | | - | or visual signaling device which a passenger inside the recreational vehicle can use to gain |
|---|
| 379 | | - | the attention of the motor vehicle driver, and with at least one unobstructed exit capable |
|---|
| 380 | | - | of being opened from both the interior and exterior of the recreational vehicle. The |
|---|
| 381 | | - | requirement for safety glazing materials does not apply to vehicles manufactured prior to |
|---|
| 382 | | - | July 1, 1977. |
|---|
| 383 | | - | Section 18. That § 32-15-7 be AMENDED: |
|---|
| 384 | | - | 32-15-7. The windshield on every motor vehicle as defined by subdivision § 32- |
|---|
| 385 | | - | 3-1 except farm tractors and motorcycles, shall be equipped with a device for cleaning |
|---|
| 386 | | - | rain, snow, or other moisture from the windshield, which device shall be operated by the |
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| 387 | | - | driver of the vehicle. No person may operate a motor vehicle upon the highways unle ss |
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| 388 | | - | such vehicle shall be equipped with such device in good working order capable of cleaning |
|---|
| 389 | | - | the windshield thereof and which device shall provide the driver a clear view of the |
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| 390 | | - | highway. A violation of this section is a petty offense. |
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| 391 | | - | Section 19. That § 32-33-17 be AMENDED: |
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| 392 | | - | 32-33-17. The driver of any single or combination vehicle weighing in excess of |
|---|
| 393 | | - | ten thousand pounds gross vehicle weight, who fails to stop at or who knowingly passes |
|---|
| 394 | | - | or bypasses any state weighing station, upon any public highway, when the station is open |
|---|
| 395 | | - | and being operated by law enforcement officers or motor carrier inspectors, is guilty of a |
|---|
| 396 | | - | Class 2 misdemeanor. This section does not apply to any recreational vehicle as defined |
|---|
| 397 | | - | in § 32-3-1. For purposes of this section, a combination vehicle is any vehicle consisting |
|---|
| 398 | | - | of two or more units including a truck, tractor, or towing vehicle, and one or more trailers. |
|---|
| 399 | | - | Section 20. That § 37-5-13 be AMENDED: |
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| 400 | | - | 37-5-13. Terms used in §§ 37-5-13 to 37-5-15, inclusive, mean: |
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| 401 | | - | (1) "Dealer," any person who receives machinery from a manufacturer under a |
|---|
| 402 | | - | dealership contract and who offers and sells the machinery to the general public |
|---|
| 403 | | - | from manufacturer authorized facilities in this state. The term, dealer, does not |
|---|
| 404 | | - | include a single-line dealer or any person with total annual gross sales in this state |
|---|
| 405 | | - | and elsewhere of one hundred million dollars or more of industrial and construction |
|---|
| 406 | | - | equipment, attachments, replacement parts, and service related to the equipment, |
|---|
| 407 | | - | from any one manufacturer or supplier of such equipment; 25.794.12 13 131 |
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| 408 | | - | SB131 ENROLLED |
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| 409 | | - | (2) "Dealership contract," a written agreement or contract between a manufacturer |
|---|
| 410 | | - | and dealer which fixes the legal rights and liabilities of the parties to such |
|---|
| 411 | | - | agreement or contract; |
|---|
| 412 | | - | (3) "Machinery," any farm vehicle as defined by § 32-3-2.4 or any off-road vehicle as |
|---|
| 413 | | - | defined by § 32-3-1 or merchandise as defined in § 37-5-12.2; |
|---|
| 414 | | - | (4) "Manufacturer," any person engaged in the manufacturing or distribution of |
|---|
| 415 | | - | machinery including any person who acts for the manufacturer; |
|---|
| 416 | | - | (5) "Single-line dealer," any person that has purchased seventy-five percent or more |
|---|
| 417 | | - | of the dealer's total new product inventory from a single manufacturer of industrial |
|---|
| 418 | | - | and construction equipment under agreements with that manufacturer and has a |
|---|
| 419 | | - | total annual average sales of industrial and construction equipment volume for the |
|---|
| 420 | | - | three previous years with that single manufacturer in excess of fifty million dollars |
|---|
| 421 | | - | for the territory for which that dealer is responsible. |
|---|
| 422 | | - | Section 21. That § 37-14-21 be AMENDED: |
|---|
| 423 | | - | 37-14-21. Except as otherwise agreed to in writing by the purchaser and seller, |
|---|
| 424 | | - | or unless otherwise provided for by advertised or announced terms at the auction premises |
|---|
| 425 | | - | on the day of the sale, if the purchaser of any property at an auction sale has not removed |
|---|
| 426 | | - | the property from the auction premises within ninety days after the date of the sale or |
|---|
| 427 | | - | has not otherwise taken physical possession of the property within ninety days after the |
|---|
| 428 | | - | date of the sale, ownership of the property reverts to the seller, and the payment is |
|---|
| 429 | | - | forfeited to the seller without further notice of action. This section does not apply to any |
|---|
| 430 | | - | motor vehicle as defined in § 32-3-1 or to any state auction held pursuant to chapter 5- |
|---|
| 431 | | - | 24A. 25.794.12 14 131 |
|---|
| 432 | | - | SB131 ENROLLED |
|---|
| 433 | | - | An Act to establish an electronic system for vehicle titles. |
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| 434 | | - | |
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| 435 | | - | |
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| 436 | | - | |
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| 437 | | - | |
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| 438 | | - | I certify that the attached Act originated in |
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| 439 | | - | the: |
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| 440 | | - | |
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| 441 | | - | Senate as Bill No. 131 |
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| 442 | | - | |
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| 443 | | - | |
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| 444 | | - | |
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| 445 | | - | Secretary of the Senate |
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| 446 | | - | |
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| 447 | | - | |
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| 448 | | - | |
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| 449 | | - | |
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| 450 | | - | President of the Senate |
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| 451 | | - | |
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| 452 | | - | Attest: |
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| 453 | | - | |
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| 454 | | - | |
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| 455 | | - | |
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| 456 | | - | |
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| 457 | | - | Secretary of the Senate |
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| 458 | | - | |
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| 459 | | - | |
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| 460 | | - | |
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| 461 | | - | |
|---|
| 462 | | - | Speaker of the House |
|---|
| 463 | | - | |
|---|
| 464 | | - | Attest: |
|---|
| 6 | + | SENATE TRANSPORTATION ENGROSSED |
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| 472 | | - | |
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| 473 | | - | |
|---|
| 474 | | - | Senate Bill No. 131 |
|---|
| 475 | | - | File No. ____ |
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| 476 | | - | Chapter No. ______ |
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| 477 | | - | |
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| 478 | | - | |
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| 479 | | - | |
|---|
| 480 | | - | Received at this Executive Office |
|---|
| 481 | | - | this _____ day of _____________, |
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| 482 | | - | |
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| 483 | | - | 2025 at ____________M. |
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| 484 | | - | |
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| 485 | | - | |
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| 486 | | - | |
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| 487 | | - | By |
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| 488 | | - | for the Governor |
|---|
| 489 | | - | |
|---|
| 490 | | - | |
|---|
| 491 | | - | The attached Act is hereby |
|---|
| 492 | | - | approved this ________ day of |
|---|
| 493 | | - | ______________, A.D., 2025 |
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| 494 | | - | |
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| 495 | | - | |
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| 496 | | - | |
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| 497 | | - | |
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| 498 | | - | |
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| 499 | | - | Governor |
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| 500 | | - | |
|---|
| 501 | | - | STATE OF SOUTH DAKOTA , |
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| 502 | | - | ss. |
|---|
| 503 | | - | Office of the Secretary of State |
|---|
| 504 | | - | |
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| 505 | | - | |
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| 506 | | - | Filed ____________, 2025 |
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| 507 | | - | at _________ o'clock __M. |
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| 508 | | - | |
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| 509 | | - | |
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| 510 | | - | |
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| 511 | | - | |
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| 512 | | - | |
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| 513 | | - | Secretary of State |
|---|
| 514 | | - | |
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| 515 | | - | |
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| 516 | | - | |
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| 517 | | - | By |
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| 518 | | - | Asst. Secretary of State |
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| 519 | | - | |
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| 520 | | - | |
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| 14 | + | Underscores indicate new language. |
|---|
| 15 | + | Overstrikes indicate deleted language. |
|---|
| 16 | + | An Act to establish an electronic system for vehicle titles. 1 |
|---|
| 17 | + | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 |
|---|
| 18 | + | Section 1. That § 10-4-2 be AMENDED: 3 |
|---|
| 19 | + | 10-4-2. Real property, for the purposes of ad valorem taxation, includes: 4 |
|---|
| 20 | + | (1) Land and all rights and privileges thereto belonging; 5 |
|---|
| 21 | + | (2) Improvements to land and all rights and privileges thereto belonging, consisting of 6 |
|---|
| 22 | + | items permanently affixed to and becoming part of the real estate. The term, 7 |
|---|
| 23 | + | permanently affixed, refers to the economic life of the improvement rather than 8 |
|---|
| 24 | + | perpetuity; 9 |
|---|
| 25 | + | (3) Mines, minerals, and quarries; 10 |
|---|
| 26 | + | (4) Buildings and structures which are on foundations, and improvements to buildings 11 |
|---|
| 27 | + | and structures including any heating system, air conditioning, ventilation, 12 |
|---|
| 28 | + | sanitation, lighting, or plumbing which is part of the building or structure; and 13 |
|---|
| 29 | + | (5) Mobile homes as defined in subdivision 32-3-1(8) § 32-3-1 which are on 14 |
|---|
| 30 | + | foundations. 15 |
|---|
| 31 | + | For assessment purposes, a structure is anything constructed or erected from an 16 |
|---|
| 32 | + | assembly of materials, which requires a permanent location on or in the ground. 17 |
|---|
| 33 | + | For assessment purposes, a building is a structure designed to stand permanently 18 |
|---|
| 34 | + | and cover a space of land which is enclosed by walls and is covered with a roof. 19 |
|---|
| 35 | + | Section 2. That § 10-4-2.4 be AMENDED: 20 |
|---|
| 36 | + | 10-4-2.4. Real property, for the purposes of ad valorem taxation, includes 21 |
|---|
| 37 | + | manufactured homes as defined in subdivision 32-3-1(6) § 32-3-1 and mobile homes as 22 |
|---|
| 38 | + | defined in subdivision 32-3-1(8) § 32-3-1. This section does not apply to any 23 |
|---|
| 39 | + | manufactured home in the inventory of any dealer as defined in subdivision 32-7A-1(2) 24 |
|---|
| 40 | + | § 32-7A-1. 25 25.794.11 2 131 |
|---|
| 41 | + | Underscores indicate new language. |
|---|
| 42 | + | Overstrikes indicate deleted language. |
|---|
| 43 | + | Section 3. That § 10-9-1 be AMENDED: 1 |
|---|
| 44 | + | 10-9-1. As used in this chapter, unless the context otherwise plainly requires, 2 |
|---|
| 45 | + | "mobile home" means a mobile home as that term is defined in subdivision §32-3-1(8) 3 |
|---|
| 46 | + | § 32-3-1. 4 |
|---|
| 47 | + | Section 4. That § 10-45-2.1 be AMENDED: 5 |
|---|
| 48 | + | 10-45-2.1. Sales of sectional homes are subject to sales tax, which shall be based 6 |
|---|
| 49 | + | upon the fair market value of the raw materials used to construct each home. 7 |
|---|
| 50 | + | For the purpose of this section, the term, sectional homes, means any home pre -8 |
|---|
| 51 | + | built in whole or in part for the purpose of permanent placement on a foundation. Mobile 9 |
|---|
| 52 | + | homes as defined in subdivision 32-3-1(8) § 32-3-1 and manufactured homes as defined 10 |
|---|
| 53 | + | in subdivision 32-3-1(6) § 32-3-1 are not sectional homes. 11 |
|---|
| 54 | + | Section 5. That § 10-46-5.1 be AMENDED: 12 |
|---|
| 55 | + | 10-46-5.1. If a sectional home is permanently affixed to real property, it is not a 13 |
|---|
| 56 | + | vehicle subject to registration under chapter 32-3, and shall be classified as real property. 14 |
|---|
| 57 | + | A contractor who erects such a home shall hold a sales tax or use tax license and pay use 15 |
|---|
| 58 | + | tax based upon the fair market value of the raw materials used to construct and erect the 16 |
|---|
| 59 | + | home. 17 |
|---|
| 60 | + | For the purpose of this section, the term, sectional home, means any home pre -18 |
|---|
| 61 | + | built in part or in whole for the purpose of permanent placement on a foundation. Mobile 19 |
|---|
| 62 | + | homes as defined by subdivision 32-3-1(8) § 32-3-1 and manufactured homes as defined 20 |
|---|
| 63 | + | in subdivision 32-3-1(6) § 32-3-1 are not sectional homes. 21 |
|---|
| 64 | + | Section 6. That § 32-3-1 be AMENDED: 22 |
|---|
| 65 | + | 32-3-1. Terms used in chapters 32-3 to 32-5B, inclusive, mean: 23 |
|---|
| 66 | + | (1) "Approved entity," any person who receives or transfers a vehicle title by sale, gift, 24 |
|---|
| 67 | + | or any means, and who is authorized by the department to use the electronic title 25 |
|---|
| 68 | + | and registration system to validate ownership and facilitate the assignment, 26 |
|---|
| 69 | + | reassignment, or transfer of title custody or ownership of a vehicle without a paper 27 |
|---|
| 70 | + | record; 28 |
|---|
| 71 | + | (2) "Commercial motor vehicle," any motor vehicle used or maintained for the 29 |
|---|
| 72 | + | transportation of persons or property for hire, compensation, or profit; or designed, 30 25.794.11 3 131 |
|---|
| 73 | + | Underscores indicate new language. |
|---|
| 74 | + | Overstrikes indicate deleted language. |
|---|
| 75 | + | used, or maintained primarily for the transportation of property, and not 1 |
|---|
| 76 | + | specifically excluded under § 32-9-3; 2 |
|---|
| 77 | + | (2)(3) "Component part," any part of a motor vehicle, trailer, or semitrailer other than a 3 |
|---|
| 78 | + | tire, having a vehicle identification number; 4 |
|---|
| 79 | + | (3)(4) "Dealer," any person who, for commission or with intent to make a profit or gain, 5 |
|---|
| 80 | + | sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a 6 |
|---|
| 81 | + | sale or exchange of new, or new and used vehicles; or who is engaged wholly or 7 |
|---|
| 82 | + | in part in the business of selling new, or new and used vehicles, whether or not the 8 |
|---|
| 83 | + | vehicles are owned by that person; 9 |
|---|
| 84 | + | (4)(5) "Department," Department of Revenue; 10 |
|---|
| 85 | + | (4A)(6) "Electric bicycle," as that term is defined in § 32-20B-9; 11 |
|---|
| 86 | + | (4B)(7) "Electronic title and registration system," a system established under § 32-3-12 |
|---|
| 87 | + | 69.1 by which title applications, title lien statements, certificates of title, and other 13 |
|---|
| 88 | + | supporting documents, signatures, and fees are entered and transmitted through 14 |
|---|
| 89 | + | the title application and registration process in an electronic format; 15 |
|---|
| 90 | + | (8) "ERT provider," a person who operates a program that provides title and 16 |
|---|
| 91 | + | registration services and is authorized by the department to act on behalf of the 17 |
|---|
| 92 | + | department and county treasurers in receiving, processing, and transmitting to the 18 |
|---|
| 93 | + | department registration applications and related fees; 19 |
|---|
| 94 | + | (9) "Gross vehicle weight rating," the value specified by the manufacturer as the 20 |
|---|
| 95 | + | loaded weight of a single vehicle; 21 |
|---|
| 96 | + | (5)(10) "Junking certificate," a certificate of ownership, which may not be restored to 22 |
|---|
| 97 | + | a title document that allows highway use, issued by the department to the owner 23 |
|---|
| 98 | + | of a vehicle that is going to be dismantled and sold for parts; 24 |
|---|
| 99 | + | (5A)(11) "Low-speed vehicle," a four-wheeled motor vehicle whose speed attainable in 25 |
|---|
| 100 | + | one mile is more than twenty miles per hour and not more than twenty -five miles 26 |
|---|
| 101 | + | per hour on a paved level surface; 27 |
|---|
| 102 | + | (6)(12) "Manufactured home," a structure, transportable in one or more sections, that 28 |
|---|
| 103 | + | is eight body feet or more in width or forty body feet or more in length in the 29 |
|---|
| 104 | + | traveling mode, or is three hundred twenty square feet or more when erected on 30 |
|---|
| 105 | + | a site; that is built on a permanent chassis and designed to be used as a dwelling, 31 |
|---|
| 106 | + | with or without a permanent foundation, when connected to the required utilities; 32 |
|---|
| 107 | + | and that contains the plumbing, heating, air conditioning, and electrical systems 33 |
|---|
| 108 | + | therein. The term includes any structure that meets all the requirements of this 34 |
|---|
| 109 | + | subdivision and any other structure that has been certified by the secretary of 35 25.794.11 4 131 |
|---|
| 110 | + | Underscores indicate new language. |
|---|
| 111 | + | Overstrikes indicate deleted language. |
|---|
| 112 | + | housing and urban development. The term does not include a recreational park 1 |
|---|
| 113 | + | trailer; 2 |
|---|
| 114 | + | (7)(13) "Manufacturer," any person, firm, corporation, limited liability company, or 3 |
|---|
| 115 | + | association engaged in the manufacture of new motor vehicles as a regular 4 |
|---|
| 116 | + | business; 5 |
|---|
| 117 | + | (8)(14) "Mobile home," a movable or portable unit, designed and constructed to be 6 |
|---|
| 118 | + | towed on its own chassis (comprised of frame and wheels), and designed to be 7 |
|---|
| 119 | + | connected to utilities for year-round occupancy. The term includes: 8 |
|---|
| 120 | + | (a) Units containing parts that may be folded, collapsed, or telescoped when 9 |
|---|
| 121 | + | being towed and that may be expanded to provide additional cubic capacity; 10 |
|---|
| 122 | + | and 11 |
|---|
| 123 | + | (b) Units composed of two or more separately towable components designed 12 |
|---|
| 124 | + | to be joined into one integral unit capable of being separated again into the 13 |
|---|
| 125 | + | components for repeated towing. 14 |
|---|
| 126 | + | The term does not include a recreational park trailer; 15 |
|---|
| 127 | + | (9)(15) "Moped," a motor-driven cycle equipped with two or three wheels. If a 16 |
|---|
| 128 | + | combustion engine is used, the maximum piston or rotor displacement is fifty cubic 17 |
|---|
| 129 | + | centimeters regardless of the number of chambers in the power source. The power 18 |
|---|
| 130 | + | source must be equipped with a power drive system that functions directly or 19 |
|---|
| 131 | + | automatically only, not requiring clutching or shifting by the operator after the 20 |
|---|
| 132 | + | drive system is engaged. The term does not include an electric bicycle; 21 |
|---|
| 133 | + | (10)(16) "Motorcycle," includes motorcycles, motorbikes, mopeds, bicycles with a motor 22 |
|---|
| 134 | + | attached, and all motor-operated vehicles of the bicycle or tricycle type, whether 23 |
|---|
| 135 | + | the motive power be a part thereof or attached thereto, and having a saddle or 24 |
|---|
| 136 | + | seat with the driver sitting astride or upon it, or a platform on which the driver 25 |
|---|
| 137 | + | stands, but excluding a tractor. The term does not include an electric bicycle; 26 |
|---|
| 138 | + | (11)(17) "Motor vehicle," automobiles, motor trucks, motorcycles, house trailers, 27 |
|---|
| 139 | + | trailers, and all vehicles propelled by power other than muscular power, except 28 |
|---|
| 140 | + | traction engines, road rollers, farm wagons, freight trailers, vehicles that run only 29 |
|---|
| 141 | + | on rails or tracks, electric bicycles, multi-passenger quadricycle as defined in § 32-30 |
|---|
| 142 | + | 14-17, and off-road vehicles as defined in § 32-20-1; 31 |
|---|
| 143 | + | (12)(18) "New motor vehicle," any motor vehicle to which a manufacturer's statement 32 |
|---|
| 144 | + | of origin has not been transferred, or is a motor vehicle on which title was issued 33 |
|---|
| 145 | + | from the manufacturer's statement of origin or manufacturer's certificate of origin 34 |
|---|
| 146 | + | and is still in the name of the first person who took title to the vehicle; 35 25.794.11 5 131 |
|---|
| 147 | + | Underscores indicate new language. |
|---|
| 148 | + | Overstrikes indicate deleted language. |
|---|
| 149 | + | (13)(19) "Noncommercial motor vehicle," any motor vehicle not classified as a 1 |
|---|
| 150 | + | commercial motor vehicle; 2 |
|---|
| 151 | + | (14)(20) "Noncommercial trailer or semitrailer," any trailer or semitrailer not used or 3 |
|---|
| 152 | + | maintained for the transportation of persons or property for hire, compensation, or 4 |
|---|
| 153 | + | profit; 5 |
|---|
| 154 | + | (14A)(21) "Notation," a physical or electronic process of recording a lien on a certificate 6 |
|---|
| 155 | + | of title, a manufacturer's statement of origin, or a manufacturer's certificate of 7 |
|---|
| 156 | + | origin; 8 |
|---|
| 157 | + | (15)(22) "Off-road vehicle," any self-propelled, two-or-more-wheeled vehicle designed 9 |
|---|
| 158 | + | primarily to be operated on land other than a highway and includes all terrain 10 |
|---|
| 159 | + | vehicles, dune buggies, and any vehicle whose manufacturer's statement of origin 11 |
|---|
| 160 | + | or manufacturer's certificate of origin states that the vehicle is not for highway use. 12 |
|---|
| 161 | + | The term does not include a farm vehicle or an electric bicycle as defined in this 13 |
|---|
| 162 | + | section; 14 |
|---|
| 163 | + | (16)(23) "Owner," any person, firm, association, trust, or corporation renting a motor 15 |
|---|
| 164 | + | vehicle or having the exclusive use thereof, under a lease or otherwise, for a period 16 |
|---|
| 165 | + | greater than thirty days; as between contract vendor and contract vendee, the 17 |
|---|
| 166 | + | term, owner, refers to the contract vendee, unless the contrary clearly appears 18 |
|---|
| 167 | + | from the context of chapters 32-3 to 32-5B, inclusive, or a person or trust having 19 |
|---|
| 168 | + | legal possession or title; 20 |
|---|
| 169 | + | (17)(24) "Rebuilt vehicle," any motor vehicle, trailer, or semitrailer that has been rebuilt 21 |
|---|
| 170 | + | by the addition or deletion of assemblies, subassemblies, parts, or component parts 22 |
|---|
| 171 | + | so that upon gross visual examination it does not appear to be the vehicle described 23 |
|---|
| 172 | + | in the certificate of title last issued for the vehicle, or whose title has been marked 24 |
|---|
| 173 | + | as rebuilt by this state or another state or jurisdiction; 25 |
|---|
| 174 | + | (17A)(25) "Recreational park trailer," a vehicle that is primarily designed to provide 26 |
|---|
| 175 | + | temporary living quarters for recreational, camping, or seasonal use and which: 27 |
|---|
| 176 | + | (a) Is built on a single chassis mounted on wheels; 28 |
|---|
| 177 | + | (b) Has a gross trailer area not exceeding four hundred square feet in the setup 29 |
|---|
| 178 | + | mode; 30 |
|---|
| 179 | + | (c) Is certified by the manufacturer as complying with American National 31 |
|---|
| 180 | + | Standards Institute Standard No. A119.5 in effect on January 1, 2008; and 32 |
|---|
| 181 | + | (d) Has at least a seventeen digit identification number and the manufacturer 33 |
|---|
| 182 | + | has designated the vehicle as a recreational park model on the 34 |
|---|
| 183 | + | manufacturer statement of origin; 35 25.794.11 6 131 |
|---|
| 184 | + | Underscores indicate new language. |
|---|
| 185 | + | Overstrikes indicate deleted language. |
|---|
| 186 | + | (18)(26) "Recreational vehicle," a vehicular portable structure built on a chassis designed 1 |
|---|
| 187 | + | to be used as a temporary dwelling for travel, recreational, vacation, or seasonal 2 |
|---|
| 188 | + | uses, and that is permanently identified as a travel trailer or a recreational park 3 |
|---|
| 189 | + | trailer by the manufacturer of the trailer; 4 |
|---|
| 190 | + | (19)(27) "Road tractor," any motor vehicle designed and used for drawing other vehicles, 5 |
|---|
| 191 | + | except farm or logging tractors used exclusively for farming or logging, and not so 6 |
|---|
| 192 | + | constructed as to carry any load thereon either independently or any part of the 7 |
|---|
| 193 | + | weight of a vehicle or load so drawn; 8 |
|---|
| 194 | + | (20)(28) "Secretary," secretary of revenue; 9 |
|---|
| 195 | + | (21)(29) "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, 10 |
|---|
| 196 | + | designed and used in conjunction with a fifth wheel connecting device on a motor 11 |
|---|
| 197 | + | vehicle constructed so that some part of its weight and that of its load rests upon 12 |
|---|
| 198 | + | or is carried by another vehicle; 13 |
|---|
| 199 | + | (22)(30) "State," includes the territories and the federal districts of the United States; 14 |
|---|
| 200 | + | (23)(31) "Trailer," any vehicle without motive power designed for carrying property or 15 |
|---|
| 201 | + | passengers wholly on its own structure and for being drawn by a motor vehicle; 16 |
|---|
| 202 | + | (24)(32) "Truck tractor," any motor vehicle designed and used primarily for drawing 17 |
|---|
| 203 | + | other vehicles and not so constructed as to carry a load other than a part of the 18 |
|---|
| 204 | + | weight of the vehicle and load so drawn; 19 |
|---|
| 205 | + | (25)(33) "Used vehicle," any motor vehicle to which title has been issued to someone 20 |
|---|
| 206 | + | other than the first person who took title to the motor vehicle from the 21 |
|---|
| 207 | + | manufacturer's statement of origin or manufacturer's certificate of origin; and 22 |
|---|
| 208 | + | (26)(34) "Vehicle identification number," the number assigned by the manufacturer or 23 |
|---|
| 209 | + | by the department for the purpose of identifying the vehicle. The term includes any 24 |
|---|
| 210 | + | number or letters assigned by the manufacturer for the purpose of identifying a 25 |
|---|
| 211 | + | component part and any such number stamped on a vehicle or part according to 26 |
|---|
| 212 | + | law or the rules promulgated by the department for the purpose of identifying the 27 |
|---|
| 213 | + | vehicle or part. 28 |
|---|
| 214 | + | Section 7. That § 32-3-53 be AMENDED: 29 |
|---|
| 215 | + | 32-3-53. If any vehicle, trailer, or semitrailer is rebuilt as defined in subdivision 30 |
|---|
| 216 | + | 32-3-1(17) § 32-3-1 and is restored to operation, the owner shall submit an application 31 |
|---|
| 217 | + | to the Department of Revenue for a rebuilt title. The motor vehicle, trailer, or semitrailer 32 |
|---|
| 218 | + | may not be licensed or titled until there is submitted to the department proper affidavits, 33 |
|---|
| 219 | + | photo copies of receipts, bills of sale establishing ownership, or titles and the source of all 34 25.794.11 7 131 |
|---|
| 220 | + | Underscores indicate new language. |
|---|
| 221 | + | Overstrikes indicate deleted language. |
|---|
| 222 | + | parts and component parts used to rebuild the vehicle. The rebuilt title and registration 1 |
|---|
| 223 | + | shall be issued and delivered in accordance with the provisions of this chapter. After the 2 |
|---|
| 224 | + | motor vehicle is inspected, the owner shall take his copy of the certificate of inspection to 3 |
|---|
| 225 | + | the county treasurer, purchase his license plates and pay any tax owed. Once the 4 |
|---|
| 226 | + | department is notified that the inspection is complete and has verified that the correct 5 |
|---|
| 227 | + | amount of tax has been paid, it shall issue a rebuilt title. Each new certificate of title shall 6 |
|---|
| 228 | + | have noted thereon that the vehicle has been rebuilt. The highway patrol or an employee 7 |
|---|
| 229 | + | of the department may inspect rebuilt titles and rebuilt motor vehicles. 8 |
|---|
| 230 | + | Section 8. That § 32-3-57 be AMENDED: 9 |
|---|
| 231 | + | 32-3-57. The secretary of revenue may promulgate rules pursuant to chapter 1-10 |
|---|
| 232 | + | 26 and issue instructions as are necessary to ensure and obtain uniformity in the 11 |
|---|
| 233 | + | administration of the provisions of this chapter. Rules may be adopted in the following 12 |
|---|
| 234 | + | areas: 13 |
|---|
| 235 | + | (1) Application requirements for new vehicles, trailers, snowmobiles, and mobile 14 |
|---|
| 236 | + | homes; 15 |
|---|
| 237 | + | (2) Certificate of title for vehicles previously registered, time limits of making 16 |
|---|
| 238 | + | application, duplicate certificates, and transfer of certificate of title; 17 |
|---|
| 239 | + | (3) Assignment of certificate of title; 18 |
|---|
| 240 | + | (4) Corrections of titles and procedure when there is a body type change; 19 |
|---|
| 241 | + | (5) Lien recording, assignment of liens, execution of cancellation of liens, and delivery 20 |
|---|
| 242 | + | of certificate of title; 21 |
|---|
| 243 | + | (6) Transfer of ownership; 22 |
|---|
| 244 | + | (7) Registration tax dealers guides for used vehicles or mobile homes, older motor 23 |
|---|
| 245 | + | vehicles and government vehicles, title and license requirements, nonresident 24 |
|---|
| 246 | + | reciprocity, manufacturer's price sticker, wrecked motor vehicles, leased vehicles, 25 |
|---|
| 247 | + | and homemade vehicles; and 26 |
|---|
| 248 | + | (8) Establishment of a transaction fee for online access to the title and registration 27 |
|---|
| 249 | + | system that does not exceed fifty cents for each transaction; 28 |
|---|
| 250 | + | (9) Standards and procedures for the electronic title and registration system under 29 |
|---|
| 251 | + | § 32-3-69.1, including qualifications, applications, and annual registration fees for 30 |
|---|
| 252 | + | approved entities; 31 |
|---|
| 253 | + | (10) Standards and procedures for the electronic lien filing system under § 32-3-70; 32 |
|---|
| 254 | + | and 33 |
|---|
| 255 | + | (11) Requirements for retention of physical documents. 34 25.794.11 8 131 |
|---|
| 256 | + | Underscores indicate new language. |
|---|
| 257 | + | Overstrikes indicate deleted language. |
|---|
| 258 | + | All local officials charged with the administration of the provisions of this chapter 1 |
|---|
| 259 | + | are governed in their official acts by the rules promulgated by the secretary. 2 |
|---|
| 260 | + | Section 9. That § 32-3-69.1 be AMENDED: 3 |
|---|
| 261 | + | 32-3-69.1. TheOn or before July 1, 2026, the department may shall establish an 4 |
|---|
| 262 | + | electronic title and registration system for motor vehicles, as the term, motor vehicle, is 5 |
|---|
| 263 | + | defined in § 32-3-1; boats, as described in chapters 32-3A and 32-7B; vehicles, as defined 6 |
|---|
| 264 | + | in § 32-6B-1; snowmobiles, as described in chapter 32-6C; manufactured and mobile 7 |
|---|
| 265 | + | homes, as described in chapter 32-7A; commercial motor vehicles, as described in chapter 8 |
|---|
| 266 | + | 32-9; and fleet vehicles and fleets, as described in chapter 32-10. 9 |
|---|
| 267 | + | The electronic title and registration system required under this section must 10 |
|---|
| 268 | + | permit: 11 |
|---|
| 269 | + | (1) Electronic transmission of data and scans by an approved entity or county treasurer 12 |
|---|
| 270 | + | to or from the department in lieu of the transmission of paper documents required 13 |
|---|
| 271 | + | under this chapter, including: 14 |
|---|
| 272 | + | (a) The manufacturer's statement of origin; 15 |
|---|
| 273 | + | (b) The manufacturer's certificate of origin; and 16 |
|---|
| 274 | + | (c) Odometer disclosure information; 17 |
|---|
| 275 | + | (2) Receipt and processing of electronic record transactions from an approved entity; 18 |
|---|
| 276 | + | (3) The production and submission by an approved entity of title records generated 19 |
|---|
| 277 | + | from electronic records of title and registration maintained by the department; and 20 |
|---|
| 278 | + | (4) Certification and audit by the department of data and scans submitted to the 21 |
|---|
| 279 | + | department by an approved entity. 22 |
|---|
| 280 | + | Any approved entity or other participant in the electronic title and registration 23 |
|---|
| 281 | + | system shall submit electronic applications for original vehicle titles in a form and format 24 |
|---|
| 282 | + | prescribed by the department. A participant shall electronically provide all documentation 25 |
|---|
| 283 | + | or information required by the department to process the electronic title application, 26 |
|---|
| 284 | + | including the electronic manufacturer's statement of origin or odometer disclosure 27 |
|---|
| 285 | + | statement. The department shall verify the authenticity of the electronic information 28 |
|---|
| 286 | + | before the electronic title is issued. 29 |
|---|
| 287 | + | Section 10. That a NEW SECTION be added to chapter 32-3: 30 |
|---|
| 288 | + | An entity must submit an application to become an approved entity for purposes 31 |
|---|
| 289 | + | of this chapter. An approved entity may charge a customer a fee for services provided 32 |
|---|
| 290 | + | under section 4 of this Act. 33 25.794.11 9 131 |
|---|
| 291 | + | Underscores indicate new language. |
|---|
| 292 | + | Overstrikes indicate deleted language. |
|---|
| 293 | + | Section 11. That a NEW SECTION be added to chapter 32-3: 1 |
|---|
| 294 | + | An approved entity using the electronic title and registration system shall transmit 2 |
|---|
| 295 | + | all application documents, required electronic signatures, and fees, through the system to 3 |
|---|
| 296 | + | the department. Upon receiving an application transmitted through the electronic title and 4 |
|---|
| 297 | + | registration system, the county treasurer shall, by close of business on the third business 5 |
|---|
| 298 | + | day, either: 6 |
|---|
| 299 | + | (1) Accept the application and forward it to the department; or 7 |
|---|
| 300 | + | (2) Reject the application and return it to the approved entity. 8 |
|---|
| 301 | + | Section 12. That a NEW SECTION be added to chapter 32-3: 9 |
|---|
| 302 | + | The department shall enter into contracts with one or more qualified ERT providers 10 |
|---|
| 303 | + | to integrate with the electronic title and registration system and other necessary, related 11 |
|---|
| 304 | + | state systems to provide software and programs to approved entities, the department, 12 |
|---|
| 305 | + | and county treasurers, to facilitate electronic vehicle registration, titling, and filing of lien 13 |
|---|
| 306 | + | statements. 14 |
|---|
| 307 | + | An ERT provider that contracts with the department under this section may act on 15 |
|---|
| 308 | + | behalf of the department and county treasurers in receiving, processing, and transmitting, 16 |
|---|
| 309 | + | to the county treasurer, title and lien applications, title lien statements, and related 17 |
|---|
| 310 | + | documents and fees. An ERT provider may charge the approved entity a fee for services 18 |
|---|
| 311 | + | provided under this section. 19 |
|---|
| 312 | + | Section 13. That a NEW SECTION be added to chapter 32-3: 20 |
|---|
| 313 | + | Any reference in this chapter to a "certificate of title" also applies to an electronic 21 |
|---|
| 314 | + | record of title under the electronic title and registration system required by § 32-3-69.1. 22 |
|---|
| 315 | + | The department may allow a person to submit a document required under this chapter by 23 |
|---|
| 316 | + | using electronic media deemed feasible by the department, instead of requiring an original 24 |
|---|
| 317 | + | document. If a signature on a document is required by law and the document is submitted 25 |
|---|
| 318 | + | electronically, the signature requirement is satisfied by an authenticated, electronically 26 |
|---|
| 319 | + | submitted signature. An electronically submitted document, once accepted by the 27 |
|---|
| 320 | + | department, is deemed the same as an original document and is admissible in all 28 |
|---|
| 321 | + | administrative, quasi-judicial, and judicial proceedings. 29 |
|---|
| 322 | + | Section 14. That a NEW SECTION be added to chapter 32-3: 30 25.794.11 10 131 |
|---|
| 323 | + | Underscores indicate new language. |
|---|
| 324 | + | Overstrikes indicate deleted language. |
|---|
| 325 | + | If a title is held electronically, no paper title will be printed, except in the following 1 |
|---|
| 326 | + | circumstances: 2 |
|---|
| 327 | + | (1) The owner is relocating to another state, and there is no electronic system in place 3 |
|---|
| 328 | + | to transfer the title electronically between the states; 4 |
|---|
| 329 | + | (2) The owner has sold the titled property to a new owner in another state, and there 5 |
|---|
| 330 | + | is no electronic system in place to transfer the title electronically between the 6 |
|---|
| 331 | + | states; or 7 |
|---|
| 332 | + | (3) The owner requests a paper title to be printed and pays the applicable fee under 8 |
|---|
| 333 | + | this chapter. 9 |
|---|
| 334 | + | The owner is required to submit an application to the department to have the paper 10 |
|---|
| 335 | + | title printed pursuant to this section. The application must be in a form prescribed by the 11 |
|---|
| 336 | + | department. If the title is subject to a lien, the requirements of § 32-3-70 must be met. 12 |
|---|
| 337 | + | Section 15. That § 32-5-85 be AMENDED: 13 |
|---|
| 338 | + | 32-5-85. Two number plates shall must be issued, except that as to a motorcycle, 14 |
|---|
| 339 | + | recreational vehicle, semitrailer, and trailer, as such terms are defined in subdivisions 32-15 |
|---|
| 340 | + | 3-1(10),(18), (21), and (23) § 32-3-1, one number plate shall must be issued. 16 |
|---|
| 341 | + | Section 16. That § 32-10-1 be AMENDED: 17 |
|---|
| 342 | + | 32-10-1. Terms used in this chapter mean: 18 |
|---|
| 343 | + | (1) "Administrator," the secretary of revenue; 19 |
|---|
| 344 | + | (2) "Commercial vehicle," any vehicle which is operated in interstate commerce in 20 |
|---|
| 345 | + | furtherance of any commercial enterprise; 21 |
|---|
| 346 | + | (3) "Department," the Department of Revenue; 22 |
|---|
| 347 | + | (4) "Interstate commerce," the movement of a vehicle between jurisdictions but does 23 |
|---|
| 348 | + | not include the movement of any vehicle which transports or is being used to 24 |
|---|
| 349 | + | transport persons or property, the transportation of which originates in one 25 |
|---|
| 350 | + | jurisdiction and passes into or through another jurisdiction or jurisdictions, for 26 |
|---|
| 351 | + | delivery in the jurisdiction in which the transportation originated; 27 |
|---|
| 352 | + | (5) "Jurisdiction," a state, district, territory, or possession of the United States, a 28 |
|---|
| 353 | + | foreign country, and a state or province of a foreign country; 29 |
|---|
| 354 | + | (6) "Motor vehicle," shall have the meaning ascribed to it by § 32-9-1; 30 |
|---|
| 355 | + | (7) "Owner," as defined in subdivision 32-3-1(16) § 32-3-1, except that for the 31 |
|---|
| 356 | + | purposes of proportional registration of vehicles as authorized and provided in 32 |
|---|
| 357 | + | §§ 32-10-10 and 32-10-15 to 32-10-28, inclusive, "owner" means a person who 33 25.794.11 11 131 |
|---|
| 358 | + | Underscores indicate new language. |
|---|
| 359 | + | Overstrikes indicate deleted language. |
|---|
| 360 | + | holds a legal title of a vehicle, or in the event a vehicle is the subject of an 1 |
|---|
| 361 | + | agreement for the conditional sale thereof with the right of purchase upon 2 |
|---|
| 362 | + | performance of the conditions stated in the agreement and with an immediate right 3 |
|---|
| 363 | + | of possession vested in the conditional vendee, or in the event while a vehicle is 4 |
|---|
| 364 | + | subject to a lease with an immediate right of possession vested in the lessee, or in 5 |
|---|
| 365 | + | the event a mortgagor of a vehicle is entitled to possession, then such conditional 6 |
|---|
| 366 | + | vendee, lessee or mortgagee is considered to be the owner; 7 |
|---|
| 367 | + | (8) "Person" shall have the meaning ascribed to it by § 32-9-1; 8 |
|---|
| 368 | + | (9) "Preceding year," a period of twelve consecutive months fixed by the administrator 9 |
|---|
| 369 | + | which period shall be within the sixteen months immediately preceding the 10 |
|---|
| 370 | + | commencement of the registration or license year for which proportional 11 |
|---|
| 371 | + | registration is sought; and the administrator in fixing such period shall make it 12 |
|---|
| 372 | + | conform to the terms, conditions, and requirements of any applicable agreement 13 |
|---|
| 373 | + | or arrangement for the proportional registration of vehicles; 14 |
|---|
| 374 | + | (10) "Properly registered," as applied to place of registration: 15 |
|---|
| 375 | + | (a) The jurisdiction where the person registering the vehicle has his legal 16 |
|---|
| 376 | + | residence; or 17 |
|---|
| 377 | + | (b) In the case of a commercial vehicle, the jurisdiction in which it is registered 18 |
|---|
| 378 | + | if the commercial enterprise in which such vehicle is used has a place of 19 |
|---|
| 379 | + | business therein, and, if the vehicle is most frequently dispatched, garaged, 20 |
|---|
| 380 | + | serviced, maintained, operated, or otherwise controlled in or from such 21 |
|---|
| 381 | + | place of business, and, the owner has assigned the vehicle to such place of 22 |
|---|
| 382 | + | business; or 23 |
|---|
| 383 | + | (c) In the case of a commercial vehicle, the jurisdiction where, because of an 24 |
|---|
| 384 | + | agreement or arrangement between two or more jurisdictions, or pursuant 25 |
|---|
| 385 | + | to a declaration, the vehicle has been registered as required by said 26 |
|---|
| 386 | + | jurisdiction. 27 |
|---|
| 387 | + | In case of doubt or dispute as to the proper place of registration of a vehicle, the 28 |
|---|
| 388 | + | administrator shall make final determination, but in making such determination, 29 |
|---|
| 389 | + | may confer with administrators of the other states or jurisdictions affected; 30 |
|---|
| 390 | + | (11) "Vehicle" shall have the meaning ascribed to it by § 32-9-1. 31 |
|---|
| 391 | + | Section 17. That § 32-14-11 be AMENDED: 32 |
|---|
| 392 | + | 32-14-11. No person may occupy a house trailer or a recreational vehicle as 33 |
|---|
| 393 | + | defined by subdivision 32-3-1(18) § 32-3-1 while it is being towed. A violation of this 34 25.794.11 12 131 |
|---|
| 394 | + | Underscores indicate new language. |
|---|
| 395 | + | Overstrikes indicate deleted language. |
|---|
| 396 | + | section is a petty offense. This section does not apply to a recreational vehicle being towed 1 |
|---|
| 397 | + | by a truck, truck tractor, or pickup with a fifth-wheel device, if the recreational vehicle is 2 |
|---|
| 398 | + | equipped with safety glazing materials wherever glazing materials are used in windows or 3 |
|---|
| 399 | + | doors, with an audible or visual signaling device which a passenger inside the recreational 4 |
|---|
| 400 | + | vehicle can use to gain the attention of the motor vehicle driver, and with at least one 5 |
|---|
| 401 | + | unobstructed exit capable of being opened from both the interior and exterior of the 6 |
|---|
| 402 | + | recreational vehicle. The requirement for safety glazing materials does not apply to 7 |
|---|
| 403 | + | vehicles manufactured prior to July 1, 1977. 8 |
|---|
| 404 | + | Section 18. That § 32-15-7 be AMENDED: 9 |
|---|
| 405 | + | 32-15-7. The windshield on every motor vehicle as defined by subdivision § 32-10 |
|---|
| 406 | + | 3-1(11) § 32-3-1 except farm tractors and motorcycles, shall be equipped with a device 11 |
|---|
| 407 | + | for cleaning rain, snow, or other moisture from the windshield, which device shall be 12 |
|---|
| 408 | + | operated by the driver of the vehicle. No person may operate a motor vehicle upon the 13 |
|---|
| 409 | + | highways unless such vehicle shall be equipped with such device in good working order 14 |
|---|
| 410 | + | capable of cleaning the windshield thereof and which device shall provide the driver a clear 15 |
|---|
| 411 | + | view of the highway. A violation of this section is a petty offense. 16 |
|---|
| 412 | + | Section 19. That § 32-33-17 be AMENDED: 17 |
|---|
| 413 | + | 32-33-17. The driver of any single or combination vehicle weighing in excess of 18 |
|---|
| 414 | + | ten thousand pounds gross vehicle weight, who fails to stop at or who knowingly passes 19 |
|---|
| 415 | + | or bypasses any state weighing station, upon any public highway, when the station is open 20 |
|---|
| 416 | + | and being operated by law enforcement officers or motor carrier inspectors, is guilty of a 21 |
|---|
| 417 | + | Class 2 misdemeanor. This section does not apply to any recreational vehicle as defined 22 |
|---|
| 418 | + | in subdivision 32-3-1(18) § 32-3-1. For purposes of this section, a combination vehicle is 23 |
|---|
| 419 | + | any vehicle consisting of two or more units including a truck, tractor, or towing vehicle, 24 |
|---|
| 420 | + | and one or more trailers. 25 |
|---|
| 421 | + | Section 20. That § 37-5-13 be AMENDED: 26 |
|---|
| 422 | + | 37-5-13. Terms used in §§ 37-5-13 to 37-5-15, inclusive, mean: 27 |
|---|
| 423 | + | (1) "Dealer," any person who receives machinery from a manufacturer under a 28 |
|---|
| 424 | + | dealership contract and who offers and sells the machinery to the general public 29 |
|---|
| 425 | + | from manufacturer authorized facilities in this state. The term, dealer, does not 30 |
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| 426 | + | include a single-line dealer or any person with total annual gross sales in this state 31 25.794.11 13 131 |
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| 427 | + | Underscores indicate new language. |
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| 428 | + | Overstrikes indicate deleted language. |
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| 429 | + | and elsewhere of one hundred million dollars or more of industrial and construction 1 |
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| 430 | + | equipment, attachments, replacement parts, and service related to the equipment, 2 |
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| 431 | + | from any one manufacturer or supplier of such equipment; 3 |
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| 432 | + | (2) "Dealership contract," a written agreement or contract between a manufacturer 4 |
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| 433 | + | and dealer which fixes the legal rights and liabilities of the parties to such 5 |
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| 434 | + | agreement or contract; 6 |
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| 435 | + | (3) "Machinery," any farm vehicle as defined by § 32-3-2.4 or any off-road vehicle as 7 |
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| 436 | + | defined by subdivision 32-3-1(15) § 32-3-1 or merchandise as defined in 8 |
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| 437 | + | subdivision 37-5-12.2(3) § 37-5-12.2; 9 |
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| 438 | + | (4) "Manufacturer," any person engaged in the manufacturing or distribution of 10 |
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| 439 | + | machinery including any person who acts for the manufacturer; 11 |
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| 440 | + | (5) "Single-line dealer," any person that has purchased seventy-five percent or more 12 |
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| 441 | + | of the dealer's total new product inventory from a single manufacturer of industrial 13 |
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| 442 | + | and construction equipment under agreements with that manufacturer and has a 14 |
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| 443 | + | total annual average sales of industrial and construction equipment volume for the 15 |
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| 444 | + | three previous years with that single manufacturer in excess of fifty million dollars 16 |
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| 445 | + | for the territory for which that dealer is responsible. 17 |
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| 446 | + | Section 21. That § 37-14-21 be AMENDED: 18 |
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| 447 | + | 37-14-21. Except as otherwise agreed to in writing by the purchaser and seller, 19 |
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| 448 | + | or unless otherwise provided for by advertised or announced terms at the auction premises 20 |
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| 449 | + | on the day of the sale, if the purchaser of any property at an auction sale has not removed 21 |
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| 450 | + | the property from the auction premises within ninety days after the date of the sale or 22 |
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| 451 | + | has not otherwise taken physical possession of the property within ninety days after the 23 |
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| 452 | + | date of the sale, ownership of the property reverts to the seller, and the payment is 24 |
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| 453 | + | forfeited to the seller without further notice of action. This section does not apply to any 25 |
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| 454 | + | motor vehicle as defined in subdivision 32-3-1(11) § 32-3-1 or to any state auction held 26 |
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| 455 | + | pursuant to chapter 5-24A. 27 |
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