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

26.377.14 101st Legislative Session 23

2026 South Dakota Legislature
Senate Bill 23
ENROLLED

AN ACT

ENTITLED An Act to include certain types of vehicles in the unpaid repair bill titling
process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-3-67 be AMENDED:
32-3-67. 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.
Section 2. That § 32-3-68 be AMENDED:
32-3-68. 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 as the result of an unpaid repair bill, by its owner or person lawfully in
possession thereof, on private property for a period of thirty days after written notice of
intent to apply for a title is 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 must set forth
the location where the vehicle is being kept, the circumstances surrounding acquisition of
the vehicle, and the year, make, m odel, and serial number or hull identification number
of the vehicle. The notice must inform the owner, insurer, and any lien holder of the right
to reclaim the vehicle as provided by § 32-3-69. The notice 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 must be published once in
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SB23 ENROLLED
a newspaper of general circulation in the area where the vehicle was left for repair.
Published notices may be grouped together for convenience and economy.
Section 3. That § 32-3-69 be AMENDED:
32-3-69. Except as provided below, title to 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, 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 vehicle after a period of thirty
days from the date on which notice was sent to the owner and all insurers and lien holders.
The owner, insurer, or the lienholder may reclaim the vehicle by paying any reasonable
cost of repair. A lienholder paying the cost of repair may add the cost of re pair to the
outstanding loan secured by the vehicle. 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 vehicle. If the owner, insurer, or lien h older fails to claim and remove the
vehicle within thirty days after mailing of the notice of intent to reclaim the vehicle, title
to the 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 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 must be forwarded to the
prior owner, insurer, and any other party with a legal interest in the vehicle. If the owner,
insurer, and any lien holder are unidentifiable or not able to be contacted, the exc ess
moneys must be sent to the state treasurer and treated as unclaimed property pursuant
to chapter 43-41B.
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