Title 32 — MOTOR VEHICLES

Any transfer or reassignment of a mobile home or manufactured home title shall be accompanied by an affidavit issued by the county treasurer of the county in which the mobile home or manufactured home is registered, stating that the taxes that are due and payable at the time of t…

The department may appoint dealer inspectors to enforce the provisions of this chapter. The inspectors may enter both publicly owned and privately owned property and sign complaints against persons found in violation of this chapter. Source: SL 1986, ch 251 , § 15.

The department may investigate any dealer licensed under this chapter for the purpose of ascertaining any violation of this chapter or chapters 32-3 to 32-7A , inclusive. The investigation shall include an inspection of the principal place of business, supplemental lots, and any …

For the purposes of this chapter, a principal place of business is an enclosed building or structure either owned in fee or leased, at which a permanent business of bartering, trading, and selling of mobile homes or manufactured homes is carried on. The place of business may not …

In addition to the remedies provided in this chapter, the department may make application to any circuit court of this state to grant a temporary or permanent injunction, restraining any person from acting as a manufactured home or mobile home dealer under the terms of this chapt…

No person may engage in the business, either exclusively or in addition to any other occupation, of selling or manufacturing mobile homes or manufactured homes, new or used, or shall offer to sell, solicit, or advertise the sale of mobile homes or manufactured homes, new or used,…

Any person licensed under this chapter, who sells manufactured homes or mobile homes 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 i…

A licensed dealer may use a location other than the principal place of business or supplemental lots where he may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, farm and home shows, auctions, shopping center promotio…

32-7A-4.1 Application required--Contents. 32-7A-4.2 Grounds for denial of license or application of §§ 32-7A-4.3 to

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

Source: SL 2005, ch 162 , § 21; SL 2008, ch 156 , § 3; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.

In addition to any other remedy provided by law, the secretary of revenue may issue an order directing a 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 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 available…

A cease and desist order pursuant to § 32-7A-4.3 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…

If a dealer fails to comply with a cease and desist order issued pursuant to § 32-7A-4.3 , 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 §

32-7A-4.4 Hearing on question of whether violations occurred--Procedures. 32-7A-4.5 Finality of cease and desist order. 32-7A-4.6 Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties. 32-7A-4.7 Hearing to…

No license as provided in § 32-7A-3 may be issued to anyone, until the applicant executes a bond issued by a company licensed to do business in this state, as surety in the amount of twenty-five thousand dollars. The bond shall be payable to the Department of Revenue for the use …

The department shall, upon denial, suspension, or revocation of any license, notify the surety company of the licensee, in writing, that the license has been denied, suspended, or revoked and shall state the reason for such denial, suspension, or revocation. Source: SL 1986, ch 2…

If the applicant for a license under this chapter desires to set up a place of business, as defined in § 32-7A-2 , in more than one county in this state, the applicant shall secure a separate license for each county. No license for an additional county may be issued until the Dep…

The license fee for a dealer or manufacturer of mobile homes or manufactured homes is three hundred dollars and the annual license renewal fee is one hundred fifty dollars. An applicant shall pay the license fees to the department at the time an application for license is made. T…

The fees collected under the provisions of this chapter shall be deposited in the state motor vehicle fund. Source: SL 1984, ch 30 , §§ 47, 48; SL 1984, ch 223 , § 8; SL 2004, ch 17 , § 100; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2013, ch 141 , § 2.

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…

The Department of Revenue shall grant or deny the application for a license under this chapter within thirty days after the filing of the application. If the application is granted, the department shall license the applicant as a mobile home and manufactured home dealer or manufa…

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…