SB 23 — include certain types of vehicles in the unpaid repair bill titling process.

26.377.1326.377.14 101st Legislative Session 23 South Dakota Legislature Senate Bill 23 IntroducedENROLLED by:A N ACT ENTITLED An Act to include certain types of vehicles in the unpaid repair bill titling process.

TheB ChairE ofIT theENACTED CommitteeBY onTHE TransportationLEGISLATURE atOF theTHE requestS ofTATE theOF DepartmentS ofOUTH RevenueD AnAKOTA Act: to include certain types of vehicles in the unpaid repair bill titling process.

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

For purposes of this chapter, the The department shall provide a person that has possession of a motor vehicle, boat as defined in § 32-3A-2, moped, motorcycle, off-road vehicle as defined in § 32-20-1, snowmobile as defined in § 32-20A-1, or trailer, as the result of an unpaid repair bill, with the last known name and address of the record holder of title and any readily identifiable lien holders free of charge.

A person with possession of a vehicle described in § 32-3-67 may apply for a title on any motor vehicle, boat as defined in § 32-3A-2, moped, motorcycle, off- road vehicle as defined in § 32-20-1, snowmobile as defined in § 32-20A-1, or trailer, that is left unclaimed,unclaimed as the result of an unpaid repair bill, by its owner or person lawfully in possession of thereof, on private property for a period of thirty days after written notice of intent to apply for a title is given sent to the owner at the owner's last known address and to any readily identifiable insurer or lien holder by certified mail.

The notice shall must set forth the location where the motor vehicle is being kept, the circumstances surrounding acquisition of the vehicle, and the year, make, model, and serial number or hull identification number of the motorvehicle. vehicle, and shall.

The notice shall must be on a form provided by the department.

If it is impossible to determine with reasonable certainty the identity and address of the registered owner, insurer, and any lien holder, a notice shall must be published once in 26.377.14 2 23 a newspaper of general circulation in the area where the motor vehicle was left for repair.

OverstrikesSection indicate3. deleted language.

26.377.13 2 23 Section 3.

Title Except as provided below, title to any motor vehiclevehicle, shall vest, boat as defined in § 32-3A-2, moped, motorcycle, off-road vehicle as defined in § 32-20-1, snowmobile as defined in § 32-20A-1, or trailer, vests with the person to whom the unpaid repair bill is payable and who has complied with the provisions of this chapter in notifying the owner and all insurers and lien holders of their rights to reclaim the motor vehicle after a period of thirty days from the date to on which notice was sent to the owner and all insurers and lien holders.

The owner, insurer, or the lienholder may reclaim the motor vehicle by paying any reasonable cost of repair.

The owner, insurer, or lien holder shall notify the department and the repair facility within thirty days of receipt of the notice of their intent to reclaim the motor vehicle.

If the owner, insurer, or lien holder fails to claim and remove the motor vehicle within thirty days after mailing of the notice of intent to reclaim the vehicle, title to the motor vehicle is irrevocably vested in the person to whom the repair bill is payable and who has complied with the provisions of this chapter.

The vehicle shall must be sold at public auction pursuant to §§ 21-54-5, 21-54-7, and 21-54-10, and any excess moneys above settlement of the debt shall must be forwarded to the prior owner, insurer, and any other party with a legal interest in such the vehicle.

If the owner, insurer, and any lien holder are unidentifiable or not able to be contacted, the excess moneys shall must be sent to the state treasurer and treated as unclaimed property pursuant to chapter 43-41B.

OverstrikesSB23 indicateENROLLED deleted26.377.14 language.3 23 An Act to include certain types of vehicles in the unpaid repair bill titling process.

Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

23 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

23 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB23 ENROLLED