Title 32 — MOTOR VEHICLES

Source: SL 2005, ch 159 , § 15.

For the purposes of this chapter, a boat dealer is any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents, or leases with option to purchase, offers or attempts to negotiate a sale or exchange of new or used boats, or who is engaged wholly…

The department shall issue boat dealer license plates made of a durable material to licensed dealers upon application and payment of twenty dollars for each set desired. The fees collected shall be deposited in the state motor vehicle fund. Source: SL 1998, ch 185 , § 10.

In addition to the license fees assessed in § 32-7B-10 , the department shall collect from the dealer one dollar and fifty cents per decal if a decal is sent to the dealer through the mail. If the dealer requests that the decal be express mailed, the dealer must pay the actual co…

Any new boat or used boat owned by a licensed dealer, bearing dealer license plates issued pursuant to § 32-7B-10 may be operated in this state for any purpose, except no dealer boat license plate may be used on any boat used for lease or rental. The license plate shall be displa…

Any new or used boat owned by a licensed dealer, bearing dealer's demonstration permits, may be operated in this state for demonstration purposes only. Such boat may be operated by any prospective buyer for a period not to exceed seven days. No dealer may issue a dealer's demonst…

If a boat is sold by a licensed dealer, the dealer may provide a temporary forty-five day license permit to operate the boat in this state for a period of forty-five days after the date of sale or until the time the purchaser receives the regular license decals from the county tr…

The department may appoint dealer inspectors to enforce the provisions of this chapter. The inspectors may enter property pursuant to § 32-7B-15 and sign complaints against persons found in violation of this chapter. Source: SL 1998, ch 185 , § 14.

The department may investigate any dealer licensed under this chapter for the purpose of ascertaining any violation of this chapter, chapters 32-3-to 32-5B , inclusive, or chapter 42-8 . The investigation shall include an inspection of the principal place of business, supplementa…

32-7B-17 Grounds for denial of license or application of provisions of §§ .1 to .6 , inclusive. 32-7B-17.1 Cease and desist order for specified violations--Period of effectiveness. 32-7B-17.2 Hearing on question of whether violations occurred--Procedures. 32-7B-17.3 Finality of c…

The department may deny any application or apply the provisions of §§ 32-7B-17.1 to 32-7B-17.6 , inclusive, on any license issued under the provisions of this chapter, for any of the following: (1) Commission of fraud of willful misrepresentation in the application for or in obta…

In addition to any other remedy provided by law, the secretary of revenue may issue an order directing a boat dealer to cease and desist from engaging in any act or practice enumerated in §

Within twenty days after service of the order to cease and desist, the boat dealer may request a hearing in writing on the question of whether acts or practices in violation of this title have occurred. Any hearing shall be conducted pursuant to, and judicial review shall be avai…

A cease and desist order pursuant to § 32-7B-17.1 becomes final upon expiration of the time allowed for appeals from the secretary's order if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses th…

If a dealer fails to comply with a cease and desist order issued pursuant to § 32-7B-17.1 , the secretary may issue an order which: (1) Imposes a monetary penalty on the dealer of five hundred dollars for each violation of the cease and desist order; (2) Suspends dealer's license…

A dealer may request a hearing to contest an order issued pursuant to §

An order issued pursuant to § 32-7B-17.4 becomes final upon expiration of the time allowed for appeals from the secretary's order, if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal…

No person may engage in the business of selling, or may offer to sell, display, act as a broker, or advertise the sale of new or used boats, without a license as provided in this chapter. Any violation of this section is a Class 2 misdemeanor. Any subsequent violation that occurs…

The secretary of revenue may adopt rules pursuant to chapter 1-26 as may be necessary to ensure and obtain uniformity in the issuance, design, and use of dealer licenses, the inspection of dealers, and the use of dealer plates, demonstration permits, and temporary licenses as pro…

For purposes of this chapter, the term, principal place of business, means an enclosed commercial structure located within the State of South Dakota, easily accessible and open to the public at all reasonable times, with an improved display area immediately adjoining the building…

If the licensee desires to move from the principal place of business occupied at the time the license was granted to a new location within the county, the licensee shall secure written permission from the department to do so. The licensee is required to furnish proof to the depar…

Any person licensed under this chapter, who sells boats at locations other than the principal place of business, shall obtain a supplemental license for each auxiliary or supplemental lot not contiguous to the location for which the original license is issued. If the license is g…

If the applicant sets up a principal place of business in more than one county of this state, the applicant shall secure a separate license for each county. No license for any additional county may be issued until the department is furnished with proof that the applicant has a pr…

Any out-of-state boat dealer may display or sell boats and trailers at an event, if the event lasts two or more days and if the person registers with and purchases a permit from the Department of Revenue at least five days before the event. The person shall pay a fee of two hundr…

Any boat dealer or public auction may sell, or offer to sell, new, or used boats on consignment. For the purposes of this chapter, consignment means the delivery of a boat by the owner into the possession of another without transfer of title for the purpose of sale or where there…

No person may sell or offer to sell a boat, to which a manufacturer's statement of origin has not been transferred, on consignment. Source: SL 1998, ch 185 , § 27.

Before a South Dakota titled boat or a used boat titled in a bordering state including any accompanying titled boat trailer may be sold by a consignee or at a public auction pursuant to this chapter, the consignee or auctioneer shall have in possession a South Dakota title or a s…

A consignee or an auctioneer may not sell a boat that has a certificate of title with a lien on it for less than the full amount of the lien, without the advance written consent of the lien holder. A consignee or an auctioneer may not release the proceeds from the sale of a boat …

Any dealer's license issued under this chapter shall be of the following classification: (1) "Boat dealer's license," to permit the licensee to engage in the business of selling or exchanging new and used boats; (2) "Used boat dealer's license," to permit the licensee to engage i…

For the purposes of this chapter, a temporary boat show lot is any location other than the principal place of business or supplemental lot where a licensed boat dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fair…

Any person selling boats pursuant to the requirements of this chapter shall file with the Department of Revenue, upon forms provided by the department, an application including the following information: (1) The name and address of the applicant; (2) The name of the partnership, …

The department shall, in the case of every application for initial license, verify the facts set forth in the application. The department may not issue a license to the applicant until it is satisfied that the facts set forth in the application are true. The department may refuse…

Before any license may be issued, the applicant shall deliver to the department, a surety bond in the amount of twenty thousand dollars, executed by the applicant as principal and by a surety company qualified to do business in the state as surety. If the applicant has multiple d…

To implement any increase in the amount of a dealer bond, a dealer, upon renewal of a bond or upon annual renewal of a dealer license, whichever comes first, shall deliver to the department an original bond or a bond rider that is issued by the surety company showing the new bond…

No dealer's license may be issued to a person who desires to sell or offer for sale new boats, until the applicant furnishes proof, satisfactory to the department that the person has a bona fide contract or franchise in effect in this state with the manufacturer of the boat or bo…

The application for license and all applicable fees are due prior to the issuance of the initial license. The initial fee for a license shall be two hundred fifty dollars, and a renewal license shall be one hundred seventy-five dollars. All licenses shall be reviewed annually by …

Any dealer licensed under the provisions of this chapter, shall keep books, records, or files, in such form as prescribed or approved by the department, including the following: (1) A record of the purchase, sale, or exchange, of any boat; (2) A description of each boat purchased…

A dealer may offer for sale, sell, or exchange a boat without a certificate of title if the dealer complies with the following applicable provisions: (1) The dealer has a record of purchase, sale, or exchange of a boat to include the satisfaction of any outstanding liens or encum…

If a person trades in a boat to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the boat and the boat has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lienholder w…

If a dealer enters into an agreement pursuant to § 32-7B-9.2 , the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the boat for sale until payment has been tendered to the lienholder, except on a consigned boat, whereby the d…