South Dakota Codified Laws
Chapter 03 - Title Registration Liens And Transfers
Section 32-3-70 - Electronic lien filing system--Paper title--Liability for noting or canceling lien in error.

32-3-70. Electronic lien filing system--Paper title--Liability for noting or canceling lien in error.
Notwithstanding any other provision of this title, the department may provide for an electronic lien filing system. If a lien has been noted electronically in the electronic lien filing system, no paper title may be issued to the owner of record or the lienholder. A paper title shall be issued under the following circumstances:
(1)The lien has been satisfied and the owner requests a title;
(2)The owner is relocating to another state and the lienholder authorizes the issuance of a title with the lien noted;
(3)The ownership listed on the title is being changed and the lienholder authorizes the issuance of a title with the lien noted; or
(4)The titled vehicle has been determined to be a salvage vehicle pursuant to §32-3-51.19.
A lien shall be noted or cancelled electronically if an electronic certificate of title exists and the lienholder is participating in the electronic lien filing system. A lien noted electronically is considered perfected as if a paper title was issued and a lien had been noted on the title pursuant to §32-3-29 or 32-3-41. A lienholder is liable for noting or canceling a lien in error.

Source: SL 2008, ch 152, §1; SL 2012, ch 159, §2; SL 2013, ch 135, §3; SL 2017, ch 128, §6; SL 2018, ch 174, §2.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

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 32-3-3 - Selling new vehicle without delivering manufacturer's statement or certificate of origin--Purchasing new vehicle without obtaining certificate--Violation as misdemeanor.

Section 32-3-3.1 - Initial registration and titling of mobile and manufactured homes--Time for registration--Penalty--Violation as misdemeanor.

Section 32-3-3.2 - Surrender of title on mobile or manufactured home--Request and application--Record--Liens.

Section 32-3-3.3 - Titling of mobile or manufactured home whose title was surrendered--Affidavit--Report.

Section 32-3-4 - Eligibility for license--Mobile and manufactured homes exempt.

Section 32-3-5 - Sale without delivering certificate of title--Purchase without obtaining certificate of title--Temporary use--Time limit--Violation as misdemeanor.

Section 32-3-6 - Ownership passing by operation of law--Burden of proof.

Section 32-3-7 - Sale of secondhand vehicle--Time for delivery of certificate of title--Exception--Violation as misdemeanor.

Section 32-3-7.1 - Extension of time to deliver certificate of title to secondhand vehicle--Temporary license permit.

Section 32-3-10 - Statement or certificate of origin as passing title--Waiver and estoppel inapplicable.

Section 32-3-11 - Certificate as evidence of ownership--Possession before delivery of certificate--Risk of loss--Insurable interest.

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 32-3-15 - Alteration or forgery of certificate--Knowing use of altered or forged certificate--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 32-3-20 - Change of identification number on vehicle--New certificate--Contents of new certificate--Delivery to owner.

Section 32-3-21 - Unnumbered vehicles not subject to titling--Titling by number other than vehicle identification number.

Section 32-3-22 - Assignment and attachment of vehicle identification number--Registration under assigned number--Violation as felony--Fees.

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 32-3-25 - Application for title and registration by dealer on behalf of customer--Location of filing.

Section 32-3-26 - Time for filing application for certificate--Vehicles in dealer's stock.

Section 32-3-27 - Late application for certificate--Additional fee--Application delay as misdemeanor.

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 32-3-31 - Dealer prohibited from taking certificate which does not show name of vendor and vendee--Violation as misdemeanor.

Section 32-3-32 - Dealer's acceptance of out-of-state certificates.

Section 32-3-33 - Change of county of use of vehicle--Issuance of duplicate for filing by treasurer--Validity of liens.

Section 32-3-34 - Assistance by county treasurer.

Section 32-3-35 - Manufacturer's statement or certificate of origin pending issuance of certificate of title--Priority of liens.

Section 32-3-36 - All lien spaces filled--Issuance of new certificate.

Section 32-3-37 - Sale of encumbered vehicle with knowledge of lien holder--Effect against subsequent purchasers.

Section 32-3-38 - Holder of security interest entitled to have notation of lien made by treasurer--Notification to department--Notation on instrument and certificate of title.

Section 32-3-38.1 - Bank, savings and loan association, credit union, or dealer access to motor vehicle title and lien information on state's computer system.

Section 32-3-38.2 - Certain fleet leasing contracts do not create sale or security interest--Not applicable to personal leases.

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 32-3-41 - Liens noted on certificate valid against creditors of debtor, subsequent purchasers, and other claimants--Perfection of liens noted on-line .

Section 32-3-42 - Vehicles held in stock--Security interests acquired previous to enactment of statute.

Section 32-3-43 - Notation of lien on certificate of title--Liability of holder of certificate of title for refusal to deliver.

Section 32-3-44 - Release on discharge of lien--Liability for failure to release--Delivery of certificate after entry of discharge.

Section 32-3-45 - Fees for notation.

Section 32-3-46 - Enforcement of liens--Filing for record not necessary--Notice of sale.

Section 32-3-47 - Consent of lien holder required for disposal or removal of encumbered vehicle--Violation as felony.

Section 32-3-48 - Power to revoke or refuse to issue certificate or registration--Notification to applicant.

Section 32-3-49 - Cancellation of certificate--Notification to county treasurer--Notification to certificate holder and lien holder--Surrender of certificate.

Section 32-3-50 - Cancellation of receipt of registration upon cancellation of certificate--Return of receipt and license plates--Confiscation.

Section 32-3-51 - Dismantled or destroyed vehicle--Return of plates and title to department--Cancellation of registration--Consent of lien holder--Notation on certificate--Destruction of certificates--Retention of record--Removal of identification nu...

Section 32-3-51.5 - Vehicle with out-of-state marked title--Damage disclosure information--Salvage title or junking certificate.

Section 32-3-51.6 - Rebuilt title.

Section 32-3-51.11 - Retention of damage disclosure statement by department--Part of title history.

Section 32-3-51.12 - Junking certificate required for vehicle being dismantled--Removal of identification number prohibited--Violation as felony.

Section 32-3-51.13 - Rebuilt or salvage vehicle--Application for junking certificate--Inspection.

Section 32-3-51.16 - Information required on first and subsequent South Dakota titles for vehicles coming into state.

Section 32-3-51.17 - Junking certificate for nonrebuildable vehicle.

Section 32-3-51.18 - Vehicle dealers required to display damage disclosure statement--Return of vehicle.

Section 32-3-51.19 - Salvage vehicle defined--Application.

Section 32-3-51.20 - Insurer or self insurer acquiring ownership of salvage vehicle without salvage vehicle title to surrender certificate of title--Salvage title issued--Rebuilt title.

Section 32-3-51.21 - Owner to obtain salvage title if insurer or self insurer declares vehicle total loss but does not acquire ownership--Notice--Sale without title as misdemeanor--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 - Restored or rebuilt vehicle--Submission to department--Inspection--Issuance of rebuilt title.

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 32-3-57 - Power of secretary to make rules and require uniformity in administration of statutes--Duty of local officials.

Section 32-3-59 - Auction of older motor vehicles by nonprofit automobile club--When permitted--Penalty.

Section 32-3-60 - Auctioneer to have odometer reading and certificate of title--Exception--Violation as misdemeanor.

Section 32-3-61 - Auction of vehicle covered by lien--Consent and release of lien holder--Violation as misdemeanor.

Section 32-3-62 - List of vehicles sold at auction--Copy of title--Violation as misdemeanor.

Section 32-3-63 - Sales of older vehicles at certain auctions exempt from vehicle dealer requirements.

Section 32-3-64 - Titling vehicles eleven years old or more with no existing record.

Section 32-3-64.1 - Titling vehicles older than 30 years with no existing record--Bond required--Promulgation of rules.

Section 32-3-65 - Converted motor home title--Unit requirements--Certain requirements to meet national standards--Title application requirements.

Section 32-3-66 - Certain motor home transport uses not deemed private business uses.

Section 32-3-67 - Department to provide name and address of record holder of title and lien holders to possessor of vehicle due to unpaid repair bill.

Section 32-3-68 - Application for title on motor vehicle unclaimed as result of unpaid repair bill--Notice to owner and insurer or lien holder--Publication.

Section 32-3-69 - Vesting of title to motor vehicle in person to whom repair bill is payable--Intent to reclaim--Sale of vehicle.

Section 32-3-69.1 - Electronic title system for motor vehicles.

Section 32-3-70 - Electronic lien filing system--Paper title--Liability for noting or canceling lien in error.

Section 32-3-71 - Low-speed vehicles.

Section 32-3-72 - Local law enforcement officers to provide certain information to motor vehicle repossession businesses.

Section 32-3-73 - Delivery of manufacturer's statement or certificate of origin upon sale and delivery--Default on sale--Notice--Violation as misdemeanor.

Section 32-3-74 - Information to be provided to auction agency taking possession of vehicle at insurer's request.

Section 32-3-75 - Title issued to auction agency--Notice of right to reclaim.

Section 32-3-76 - Reclamation of vehicle by owner or lienholder--Notice of intent to reclaim--Vesting of title to abandoned vehicle in auction agency--Sale of vehicle--Distribution of proceeds.

Section 32-3-77 - Issuance of title to insurer unable to obtain title after payment of total loss.

Section 32-3-78 - Electric bicycle exempt from chapter.