32-3-64.1 . Titling vehicles older than 30 years with no existing record--Bond required--Promulgation of rules.
If a vehicle is older than thirty years, no record exists for the vehicle, and there is no bill of sale for the vehicle, a person in lawful possession of the vehicle may apply for a vehicle title by submitting to the department an application for title and an affidavit declaring that the conditions of this section have been satisfied and explaining the facts surrounding the applicant obtaining possession of the vehicle.
The department shall conduct a nationwide title search and shall check with the National Crime Information Center to ensure no record of the vehicle exists.
If no record of the vehicle is found, the department shall issue a title for the vehicle to the applicant if the applicant files a bond with the department, in the form prescribed by the department, that is executed by the applicant and an insurance company licensed to do business in this state in an amount equal to no less than one and one-half times the current value of the vehicle as determined by the department. The bond shall be in favor of any prior owner, subsequent purchaser, secured party, and their respective successor in interest, and indemnify against any expense, loss, or damage, including reasonable attorney fees, arising from issuing a title for the vehicle to the applicant, but the aggregate liability to all persons may not exceed the amount of the bond.
At the end of three years after the issuance of the bond, the holder of the certificate of title may apply to the department on a form prescribed by the department for the release of the bond if no claim has been made on the bond. The department may release the bond at the end of three years after the issuance of the bond if all questions as to the ownership of the vehicle have been answered to the satisfaction of the department unless the department has been notified of the pendency of an action to recover on the bond. If the currently valid certificate of title is surrendered to the department, the department may release the bond prior to the end of the three-year period.
The department shall recall a certificate of title with a bond filed under this section if the department finds that the application for the title or the affidavit submitted with the application contained a false statement.
The department shall promulgate rules, pursuant to chapter 1-26 , to establish the process by which the department will determine the current value of the vehicle.
Source: SL 2020, ch 130, ยง 2.
Structure South Dakota Codified Laws
Chapter 03 - Title Registration Liens And Transfers
Section 32-3-1 - Definition of terms.
Section 32-3-2 - Applicability.
Section 32-3-2.3 - Mopeds exempt.
Section 32-3-2.4 - Farm vehicles exempt--Exceptions.
Section 32-3-4 - Eligibility for license--Mobile and manufactured homes exempt.
Section 32-3-6 - Ownership passing by operation of law--Burden of proof.
Section 32-3-12 - Operation or possession of vehicle without certificate as misdemeanor.
Section 32-3-13 - Sale or transfer without certificate as misdemeanor.
Section 32-3-14 - False statement in application--Felony.
Section 32-3-16 - Uniform method of numbering certificates--Retention of documents by department.
Section 32-3-17 - Validity of certificates previously issued--Issuance of new certificate.
Section 32-3-18 - Application for certificate--Contents--Fee--Assignment of previous certificate.
Section 32-3-18.1 - Administration fee--Title applications processed by mail.
Section 32-3-19 - False swearing in connection with certificates--Perjury--Punishment.
Section 32-3-22.1 - Fee for assignment of vehicle identification number.
Section 32-3-23 - Application for original certificate--Contents--Supporting documents.
Section 32-3-24 - Burden of proving ownership--Issuance of certificate.
Section 32-3-26 - Time for filing application for certificate--Vehicles in dealer's stock.
Section 32-3-28 - Issuance of certificate in paper or electronic form--Notation of liens.
Section 32-3-29 - Lost certificates--Fee for duplicate.
Section 32-3-30 - Certificate to show chain of title--Exceptions.
Section 32-3-30.1 - Odometer information on certificate--Required on sale--Falsification as felony.
Section 32-3-30.2 - Abstract of title history or damage disclosure statements--Fee.
Section 32-3-32 - Dealer's acceptance of out-of-state certificates.
Section 32-3-34 - Assistance by county treasurer.
Section 32-3-36 - All lien spaces filled--Issuance of new certificate.
Section 32-3-38.3 - Dealer required to utilize electronic title file system.
Section 32-3-39 - Deposit of security interest instrument not required.
Section 32-3-40 - Security interests created prior to enactment of statute.
Section 32-3-45 - Fees for notation.
Section 32-3-46 - Enforcement of liens--Filing for record not necessary--Notice of sale.
Section 32-3-51.6 - Rebuilt title.
Section 32-3-51.11 - Retention of damage disclosure statement by department--Part of title history.
Section 32-3-51.13 - Rebuilt or salvage vehicle--Application for junking certificate--Inspection.
Section 32-3-51.17 - Junking certificate for nonrebuildable vehicle.
Section 32-3-51.19 - Salvage vehicle defined--Application.
Section 32-3-51.22 - Recovered stolen vehicles--Inspection--Title--Salvage vehicle.
Section 32-3-52 - Surrender of indicia of ownership by dealers, salvage yards, and others.
Section 32-3-53.2 - Inspection of restored or rebuilt vehicles.
Section 32-3-53.4 - Trailer defined.
Section 32-3-56 - Special seal--Forms furnished by secretary.
Section 32-3-62 - List of vehicles sold at auction--Copy of title--Violation as misdemeanor.
Section 32-3-64 - Titling vehicles eleven years old or more with no existing record.
Section 32-3-66 - Certain motor home transport uses not deemed private business uses.
Section 32-3-69.1 - Electronic title system for motor vehicles.
Section 32-3-71 - Low-speed vehicles.
Section 32-3-75 - Title issued to auction agency--Notice of right to reclaim.
Section 32-3-77 - Issuance of title to insurer unable to obtain title after payment of total loss.