The amendment made minor technical corrections throughout the bill, including fixing hyphenation ("off-road"), standardizing verb usage ("shall" to "must"), and removing redundant language, but did not change the bill's substantive purpose of expanding the unpaid repair bill titling process to include boats, mopeds, motorcycles, off-road vehicles, snowmobiles, and trailers alongside motor vehicles. This was an enrollment version that cleaned up formatting and language without altering the bill's core functionality.
26.377.13 26.377.14 101st Legislative Session 23 2026 South Dakota Legislature Senate Bill 23 Introduced by: The Chair of the Committee on Transportation at the request of the Department of Revenue Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to include certain types of vehicles in the unpaid repair bill titling process. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 32-3-67 be AMENDED: 3 32-3-67. For purposes of this chapter, the The department shall provide a person 4 that has possession of a motor vehicle, boat as defined in § 32-3A-2, moped, motorcycle, 5 off-road vehicle as defined in § 32-20-1, snowmobile as defined in § 32-20A-1, or trailer, 6 as the result of an unpaid repair bill, with the last known name and address of the record 7 holder of title and any readily identifiable lien holders free of charge. 8 Section 2. That § 32-3-68 be AMENDED: 9 32-3-68. A person with possession of a vehicle described in § 32-3-67 may apply 10 for a title on any motor vehicle, boat as defined in § 32-3A-2, moped, motorcycle, off-11 road off-road vehicle as defined in § 32-20-1, snowmobile as defined in § 32-20A-1, or trailer, that 12 is left unclaimed, unclaimed as the result of an unpaid repair bill, by its owner or person lawfully in 13 possession of thereof, on private property for a period of thirty days after written notice 14 of intent to apply for a title is given sent to the owner at the owner's last known address 15 and to any readily identifiable insurer or lien holder by certified mail. The notice shall must 16 set forth the location where the motor vehicle is being kept, the circumstances surrounding 17 acquisition of the vehicle, and the year, make, model, and serial number or hull 18 identification number of the motor vehicle, and shall. vehicle. The notice must inform the owner, 19 insurer, and any lien holder of the right to reclaim the vehicle as provided by § 32-3-69. 20 The notice shall must be on a form provided by the department. 21 If it is impossible to determine with reasonable certainty the identity and address 22 of the registered owner, insurer, and any lien holder, a notice shall must be published 23 once in 26.377.14 2 23 SB23 ENROLLED a newspaper of general circulation in the area where the motor vehicle was left 24 for repair. Published notices may be grouped together for convenience and economy. 25 26.377.13 2 23 Underscores indicate new language. Overstrikes indicate deleted language. Section 3. That § 32-3-69 be AMENDED: 1 32-3-69. Title Except as provided below, title to any motor vehicle shall vest, vehicle, boat 2 as defined in § 32-3A-2, moped, motorcycle, off-road vehicle as defined in § 32-20-1, 3 snowmobile as defined in § 32-20A-1, or trailer, vests with the person to whom the unpaid 4 repair bill is payable and who has complied with the provisions of this chapter in notifying 5 the owner and all insurers and lien holders of their rights to reclaim the motor vehicle 6 after a period of thirty days from the date to on which notice was sent to the owner and 7 all insurers and lien holders. The owner, insurer, or the lienholder may reclaim the motor 8 vehicle by paying any reasonable cost of repair. A lienholder paying the cost of repair may 9 add the cost of repair to the outstanding loan secured by the vehicle. The owner, insurer, 10 or lien holder shall notify the department and the repair facility within thirty days of receipt 11 of the notice of their intent to reclaim the motor vehicle. If the owner, insurer, or lien 12 holder fails to claim and remove the motor vehicle within thirty days after mailing of the 13 notice of intent to reclaim the vehicle, title to the motor vehicle is irrevocably vested in 14 the person to whom the repair bill is payable and who has complied with the provisions of 15 this chapter. 16 The vehicle shall must be sold at public auction pursuant to §§ 21-54-5, 21-54-7, 17 and 21-54-10, and any excess moneys above settlement of the debt shall must be 18 forwarded to the prior owner, insurer, and any other party with a legal interest in such 19 the vehicle. If the owner, insurer, and any lien holder are unidentifiable or not able to be 20 contacted, the excess moneys shall must be sent to the state treasurer and treated as 21 unclaimed property pursuant to chapter 43-41B. 22 26.377.14 3 23 SB23 ENROLLED An Act to include certain types of vehicles in the unpaid repair bill titling process. I certify that the attached Act originated in the: Senate as Bill No. 23 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 23 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State