2023 South Dakota Legislature

Senate Bill 31

ENROLLED

An Act

ENTITLED An Act to create an off-road vehicle decal for non-residents visiting the state.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   32-5-107 be AMENDED:

32-5-107. A person, in possession of either a title in his name or assigned to him or a bill of sale which lists him as the purchaser of the vehicle, may procure from any county treasurer a temporary permit that allows movement of the motor vehicle on the highways of this state. The title or bill of sale shall be available for inspection by any peace officer if the vehicle is being moved. Mobile homes, manufactured housing units, and over-dimensional motor vehicles do not qualify for this permit to use the state's highways. The permit may be purchased for any period of from five to fifteen consecutive days at a fee of one dollar per day for each day the permit is requested. The minimum permit fee is five dollars. The fee is payable to the county treasurer at the time of purchase. All permit fees shall be forwarded monthly by the county treasurer to the department. The secretary shall credit the fee to the state license plate special revenue fund for distribution under   32-11-33. Only one permit may be issued yearly per motor vehicle.

No permit may be issued pursuant to this section for the temporary use of an off-road vehicle on the public highways of this state.

Section 2. That chapter 32-5 be amended with a NEW SECTION:

A non-resident owner of an off-road vehicle not currently registered for on-road use, that meets the requirements of   32-20-13 and is brought into the state for noncommercial use on the public highways of this state, shall purchase a decal. The decal allows the off-road vehicle to be used on the public highways of this state. The decal is valid for one year from the date of purchase of the decal. The decal must be attached to the rear of the off-road vehicle in a location easily visible for inspection by any peace officer.

Section 3. That chapter 32-5 be amended with a NEW SECTION:

Application for the decal authorized by section 2 of this Act shall be made to the department or a county treasurer. The application shall be on a form approved by the secretary and contain the names of all owners, each owner’s social security number, a description of the off-road vehicle with vehicle identification or serial numbers, and proof of ownership of the off-road vehicle. The application shall be accompanied by a fifty-dollar fee. If the decal is mailed, the applicant shall include the mailing fee imposed pursuant to   32-5-127.

Section 4. That chapter 32-5 be amended with a NEW SECTION:

If the application required by section 3 of this Act is processed solely by the department, the fee shall be deposited into the state motor vehicle fund. If the application is processed by a county treasurer and reviewed by the department, half of the fee shall be deposited in the state motor vehicle fund and half of the fee shall be deposited into the county general fund.

An Act to create an off-road vehicle decal for non-residents visiting the state.

I certify that the attached Act originated in the:

Senate as Bill No. 31

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 31

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2023 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2023

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2023

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State

Statutes affected:
Introduced, 01/06/2023: 32-5-107
Enrolled, 02/15/2023: 32-5-107