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ARTICLE 64:28 VEHICLE LICENSING MOTOR VEHICLE TITLING
CHAPTER 64:28:01 GENERAL PROVISIONS
Section
64:28:01:01 Repealed.
64:28:01:02 Exemptions to definitions of "trailer" and "semi-trailer."
64:28:01:03 Legal name required -- Appearance on title and registration.
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64:28:01:03. Legal name required -- Appearance on title and registration. On a vehicle
title application, all owners of the vehicle shall provide their full legal name, including middle
name. The full legal name provided must match the name on each owner’s United States or state
issued identification document.
The department or the county treasurer shall place each owner’s full legal name on the
vehicle title and registration.
Source:
General Authority: SDCL 32-3-57(1).
Law Implemented: SDCL 32-3-18.
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ARTICLE 64:29
MOTOR VEHICLE REGISTRATION
Chapter
64:29:01 Interpretive rules, Repealed.
64:29:02 Interpretations Excise tax.
64:29:03 Licensing License plates.
64:29:04 Electronic registration and title program
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CHAPTER 64:29:02
INTERPRETATIONS EXCISE TAX
Section
64:29:02:01 Repealed.
64:29:02:01.01 Contents of bill of sale.
64:29:02:02 Repealed.
64:29:02:03 License issued when requirements are met -- Tax paid.
64:29:02:03.01 Repealed.
64:29:02:03.02 Repealed.
64:29:02:03.03 Application for excise tax refund by purchaser.
64:29:02:04 Receipt required for refunds.
64:29:02:04.01 Tangible personal property allowed as trade-in on motor vehicles.
64:29:02:04.02 Solid waste management fee -- Exclusions.
64:29:02:04.03 Repealed.
64:29:02:04.04 Proof of value of insurance check.
64:29:02:05 Repealed
64:29:02:06 Repealed
64:29:02:07 Repealed.
64:29:02:08 Proof of payment of taxes for reciprocity.
64:29:02:09 Repealed.
64:29:02:10 Repealed.
64:29:02:11 Repealed.
64:29:02:12 Repealed.
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64:29:02:13 Repealed.
64:29:02:14 Trade-in allowance.
64:29:02:15 Repealed.
64:29:02:16 Repealed.
64:29:02:17 Repealed.
64:29:02:18 Mobile home and manufactured home consignment sales.
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CHAPTER 64:29:03 LICENSING LICENSE PLATES
Section
64:29:03:01 Repealed.
64:29:03:02 License plate renewal certificate -- Duplicate issued.
64:29:03:03 Status of South Dakota license plates when South Dakota certificate of title is
surrendered.
64:29:03:04 Repealed.
64:29:03:05 Souvenir plates.
64:29:03:06 Display of souvenir plates.
64:29:03:07 Repealed.
64:29:03:08 Display of original-issue plates on historic vehicles.
64:29:03:09 Temporary plates issued to tax-exempt vehicles.
64:29:03:10 Confidential procedure for certain license plates.
64:29:03:11 Special plate order permit.
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CHAPTER 64:29:04
ELECTRONIC REGISTRATION AND TITLE PROGRAM
Section
64:29:04:01 Definitions.
64:29:04:02 ERT provider application -- Contents -- Contract required.
64:29:04:03 ERT provider annual fee -- Due upon execution of the contract.
64:29:04:04 Responsibility for technical costs -- Threshold established.
64:29:04:05 Collection of state fees and taxes -- Remittance to department -- Penalty
for failure to remit.
64:29:04:06 Paper record retention required -- Retention period established -- Records
subject to department inspection.
64:29:04:07 Compliance with technical requirements.
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64:29:04:01. Definitions. Terms used in this chapter mean:
(1) “Approved entity,” any person who receives or transfers a vehicle title by sale, gift, or
any means, and who is authorized by the department to use the ERT system to validate
ownership and facilitate the assignment, reassignment, or transfer of title custody or
ownership of a vehicle without a paper record;
(2) “Department,” Department of Revenue;
(3) “ERT system,” means a technology solution established under SDCL 32-3-69.1 by
which title applications, title lien statements, certificates of title, and other supporting
documents, signatures, and fees are entered and transmitted through the title application
and registration process in an electronic format;
(4) “ERT provider,” a person who operates a program that provides title and registration
services and is authorized by the department to act on behalf of the department and
county treasurers in receiving, processing, and transmitting to the department registration
applications and related fees; and
(5) “Provider number,” the unique identifying number assigned by the department to an ERT
provider authorized to use the ERT system.
Source:
General Authority: SDCL 32-3-57(9)(11).
Law Implemented: SDCL 32-3-69.1.
Cross-Reference: Definitions, SDCL 32-3-1.
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64:29:04:02. ERT provider application -- Contents -- Contract required. Any person
who wishes to be registered as an ERT provider shall submit a fully completed and signed
application form prescribed by the department. The applicant shall submit the following
information to the department:
(1) Name of entity seeking approval as an ERT provider;
(2) Employer Identification Number;
(3) Point of contact and relevant information needed to initiate contact;
(4) Name of all approved entities that the ERT provider works with in this state;
(5) South Dakota sales tax license number; and
(6) Acknowledgement by the ERT provider that technical costs required to connect the
ERT provider to the ERT system are the responsibility of the ERT provider as
established in § 64:28:16:05.
No applicant is authorized to act on behalf of the department or a county treasurer to
provide ERT services until the application is approved by the department and an ERT provider
contract is executed.
Source:
General Authority: SDCL 32-3-57(9)(11).
Law Implemented: SDCL 32-3-69.1.
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64:29:04:03. ERT provider annual fee -- Due upon execution of the contract. ERT providers
shall pay an annual fee of three hundred dollars. The fee is due on the contract's execution date
and annually thereafter on the contract's execution date, for the remainder of the contract term.
Source:
General Authority: SDCL 32-3-57(9)(10).
Law Implemented: SDCL 32-3-69.1, 32-3-70.
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64:29:04:04. Responsibility for technical costs -- Threshold established. An ERT provider is
financially responsible for the technical costs incurred to connect to the ERT system, up to thirty
thousand dollars, for the life of the first ERT contract.
Source:
General Authority: SDCL 32-3-57(9)(10).
Law Implemented: SDCL 32-3-69.1, 32-3-70.
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64:29:04:05. Collection of state fees and taxes --Remittance to the department -- Penalty
for failure to remit. An ERT provider shall collect fees and taxes on behalf of the department
when processing vehicle transactions. The ERT provider shall remit these fees and taxes to the
department on a daily basis, at a time to be established by mutual agreement of the department
and ERT provider. In addition to any other remedy at law, if the ERT provider fails to timely
remit these fees or taxes, the department may revoke the ERT provider's registration and eject the
ERT provider from the ERT system and program.
Source:
General Authority: SDCL 32-3-57(9).
Law Implemented: SDCL 32-3-69.1.
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64:29:04:06. Paper record retention required -- Retention period established -- Records
subject to department inspection. An approved entity shall ensure the retention of original
paper documents, if not held electronically at the time of transfer, for a period of at least five
years. The approved entity shall make these records available upon request for department
inspection during business hours.
Source:
General Authority: SDCL 32-3-57(9)(11).
Law Implemented: SDCL 32-3-69.1, 32-3-70.
Example: The phrase "original paper documents" includes original title paperwork and
odometer disclosure statements.
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64:29:04:07. Compliance with technical requirements. Prior to gaining live access to the ERT
system, an ERT provider must comply with all technical testing and technical requirements as
established by both the department and the department's system vendor.
Source:
General Authority: SDCL 32-3-57(9)(11).
Law Implemented: SDCL 32-3-69.1, 32-3-70.