Chapter 98

(House Bill 1078)

An Act to authorize the use of electric all-terrain and off-road vehicles on public highways and to declare an emergency.

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

Section 1. That § 32-20-13 be AMENDED:

32-20-13. Any all-terrain vehicle with four or more wheels and with a combustion engine having a piston or rotor displacement of two hundred cubic centimeters or more or any off-road vehicle with two wheels and with a combustion engine having a piston or rotor displacement of one hundred twenty cubic centimeters or more or any all-terrain vehicle, with four or more wheels, propelled by an electric motor that draws power from a battery that is capable of being recharged may be licensed as a motorcycle pursuant to chapter 32-5 to be used on a public highway.

Prior to being licensed, the vehicle shall meet the necessary light, brake, and other vehicle accessory requirements provided by chapters 32-15, 32-17, and 32-18 that are applicable to motorcycles.

This section does not apply to a golf cart, as defined in § 32-14-13, a low-speed vehicle, as described in § 32-3-71, or a toy or youth off-road vehicle.

Any vehicle licensed pursuant to this section may not be operated on the interstate highway system. A person who operates any vehicle licensed pursuant to this section on the interstate highway system is guilty of a Class 2 misdemeanor.

Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Signed February 23, 2022