reglab/housing_qa huggingface dataset:
SD Codified L § 32-6B-76 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-76 - Approval may not be unreasonably withheld.

32-6B-76. Approval may not be unreasonably withheld.Approval by a manufacturer or franchisor of an application filed under §§32-6B-73 to 32-6B-78, inclusive, may not be unreasonably withheld. It is unreasonable for a manufacturer or franchisor to reject a prospective transferee who otherwise meets the manufacturer's or franchisor's written, reasonable, and uniformly applied standards or qualifications, if any, relating to the prospective transferee's business experience and financial qualifications. Source: SL 2000, ch 150, §4; SL 2002, ch 153, §2.
SD Codified L § 32-6B-78 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-78 - Transferee's qualification as sole issue in objection.

32-6B-78. Transferee's qualification as sole issue in objection.The issue in an objection filed under §§32-6B-73 to 32-6B-78, inclusive, either with the department or in a separate civil proceeding, is whether or not the prospective transferee is qualified. The department, or a court in a separate civil proceeding, shall enter an order holding that the prospective transferee either is qualified or is not qualified. If the department's or a court's order is that the prospective transferee is qualified, the dealer's franchise agreement is amended to reflect the change in franchisee and the manufacturer or franchisor shall accept the transfer for all purposes. If the department's or a court's order is that the prospective transferee is not qualified, the department or a court may include specific reasons why the prospective transferee is not qualified and may include specific conditions under which the prospective transferee would be qualified. If the department's or a court's order that a prospective transferee is not qualified includes specific conditions under which the prospective transferee would be qualified, the department or a court may retain jurisdiction of the dispute for a time certain to allow the dealer and prospective transferee to meet the conditions set forth. Source: SL 2000, ch 150, §6; SL 2010, ch 156, §18, eff. Mar. 9, 2010.
SD Codified L § 32-6B-79 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-79 - Manufacturer defined.

32-6B-79. Manufacturer defined.In §§32-6B-79 to 32-6B-83, inclusive, the term, manufacturer, includes a representative or a person or entity who is directly or indirectly controlled by, or is under common control with, the manufacturer. For purposes of this section, a person or entity is controlled by a manufacturer if the manufacturer has the authority directly or indirectly, by law or by agreement of the parties, to direct or influence the management and policies of the person or entity. However, the term, manufacturer, does not include any person or entity who manufactures or assembles less than two hundred fifty motorcycles a year or who manufactures or assembles trailers. Source: SL 2000, ch 151, §1; SL 2002, ch 153, §3; SL 2006, ch 164, §1.
SD Codified L § 32-6B-80 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-80 - Manufacturer or franchisor may not own or operate dealership--Exceptions.

32-6B-80. Manufacturer or franchisor may not own or operate dealership--Exceptions.Except as otherwise provided by §§32-6B-79 to 32-6B-83, inclusive, no manufacturer or franchisor may directly or indirectly:(1)Own an interest in a vehicle dealer or dealership;(2)Operate or control a vehicle dealer or dealership; or(3)Act in the capacity of a vehicle dealer.This section does not apply to a final stage manufacturer dealer. Source: SL 2000, ch 151, §2; SL 2012, ch 165, §4.
SD Codified L § 32-6B-81 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-81 - Manufacturer or franchisor may own or operate for limited period--Conditions.

32-6B-81. Manufacturer or franchisor may own or operate for limited period--Conditions.A manufacturer or franchisor may own an interest in a franchised vehicle dealer, or otherwise control a dealership, for a period not to exceed twelve months from the date the manufacturer or franchisor acquires the dealership if:(1)The person from whom the manufacturer or franchisor acquired the dealership was a franchised dealer; and(2)The dealership is for sale by the manufacturer or franchisor at a reasonable price and on reasonable terms and conditions. Source: SL 2000, ch 151, §3.
SD Codified L § 32-6B-82 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-82 - Exceptions for the purpose of broadening diversity of dealer body.

32-6B-82. Exceptions for the purpose of broadening diversity of dealer body.For the purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright, but for no other purpose, a manufacturer or franchisor may temporarily own an interest in a dealership if the manufacturer's or franchisor's participation in the dealership is in a bona fide relationship with a franchised vehicle dealer who:(1)Has made a significant investment in the dealership, subject to loss;(2)Has an ownership interest in the dealership; and(3)Operates the dealership under a plan to acquire full ownership of the dealership within a reasonable time and under reasonable terms and conditions. Source: SL 2000, ch 151, §4.
SD Codified L § 32-6B-83 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-83 - Extension of time period in 32-6B-81--Application--Limit.

32-6B-83. Extension of time period in 32-6B-81--Application--Limit.On a showing by a manufacturer or franchisor of good cause, the department may extend the time limit set forth in §32-6B-81. No extension under this section may exceed twelve months. An application for an extension after the first extension is granted is subject to protest by a vehicle dealer of the same line-make whose dealership is located in the same county as, or within fifteen miles of, the dealership owned or controlled by the manufacturer or franchisor. The department may not grant more than two extensions. Source: SL 2000, ch 151, §5.
SD Codified L § 32-6B-85 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-85 - Civil action for injunction and damages.

32-6B-85. Civil action for injunction and damages.Notwithstanding the terms of any vehicle dealer agreement or waiver to the contrary, any vehicle dealer whose business or property is injured, or is about to be injured, by any violation of §§32-6B-45 to 32-6B-83, inclusive, may bring a civil action to enjoin any such violation, without having to prove irreparable injury, and to recover actual damages sustained, together with costs, disbursements, and reasonable attorney fees. Source: SL 2010, ch 156, §20, eff. Mar. 9, 2010.
SD Codified L § 32-6B-86 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-86 - Applicability of SL 2010, ch 156 amendments.

32-6B-86. Applicability of SL 2010, ch 156 amendments.The provisions of this chapter as amended on March 9, 2010 apply to each vehicle dealer in any written or oral vehicle dealership agreement existing between a dealer and a manufacturer or distributor on March 9, 2010 which has no expiration date and to any subsequent written or oral vehicle dealership agreement entered into, amended, or renewed between a vehicle dealer and a manufacturer or distributor. Source: SL 2010, ch 156, §19, eff. Mar. 9, 2010.
SD Codified L § 32-6B-87 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-87 - Dealers permitted to lease space in common area of shopping mall for displaying new vehicles--Restrictions--Exception.

32-6B-87. Dealers permitted to lease space in common area of shopping mall for displaying new vehicles--Restrictions--Exception.A vehicle dealer licensed in this state may lease space in the common area of a shopping mall for the display of new vehicles without a supplemental license if the shopping mall is located within the corporate limits of the municipality where the dealer maintains its principal place of business. A dealer may not display more than four vehicles in a single shopping mall, contract for an exclusive right to lease all common areas of the shopping mall available for vehicle display, or negotiate the sale of any vehicle on the premises of the shopping mall. The lease shall be in writing. The dealer shall maintain a copy of the lease for a period of one year from the date of expiration of the lease and allow a representative of the department to examine the lease at the dealer's principle place of business during regular business hours. For purposes of this section, a shopping mall is any building or series of interconnected buildings containing a minimum of two hundred thousand square feet of leasable space for occupancy by a variety of retail stores and restaurants which is located in a municipality with a population that exceeds thirteen thousand. The provisions of this section do not apply to a licensed dealer with a principal place of business located on the premises of the shopping mall. Source: SL 2018, ch 187, §1.
SD Codified L § 32-6B-88 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-88 - Off-road vehicle dealers exempt from certain special event permit requirements, fees, and taxes.

32-6B-88. Off-road vehicle dealers exempt from certain special event permit requirements, fees, and taxes.Notwithstanding any other provisions of this chapter, an off-road vehicle dealer is not required to purchase a permit or license to attend any two-day temporary special event location in the county or adjoining the county the dealer is located in. Any fees or taxes imposed by this title do not apply to any off-road vehicle dealer attending any two-day temporary special event location pursuant to this section. Source: SL 2018, ch 188, §1.
SD Codified L § 32-6B-89 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-89 - Licensed dealer permitted to take vehicle to adjoining county for demonstration.

32-6B-89. Licensed dealer permitted to take vehicle to adjoining county for demonstration.A licensed dealer may take a vehicle to an adjoining county for demonstration purposes. For the purpose of this section, a demonstration is for the purpose of showing the qualities and characteristics common to vehicles of the same or similar models or types in parades. Source: SL 2019, ch 130, §13.
SD Codified L § 32-6C-1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-1 - "Snowmobile dealer" defined.

32-6C-1."Snowmobile dealer" defined.For the purposes of this chapter, a "snowmobile dealer" means any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new or used snowmobiles, or who is engaged wholly or in part in the business of selling new or used snowmobiles. Source: SL 1987, ch 223, §1.
SD Codified L § 32-6C-2 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-2 - License required--Exceptions--Violation as misdemeanor.

32-6C-2. License required--Exceptions--Violation as misdemeanor.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 snowmobiles, without a license. Any violation of this section is a Class 2 misdemeanor. Any subsequent violation that occurs within two years from any violation of this section is a Class 1 misdemeanor. The licensing requirements of this section do not apply to any regulated lenders as that term is defined in §54-3-14, any insurance company authorized to do business in this state, or any financing institution as defined in and licensed pursuant to chapter 54-4 that acquires snowmobiles as an incident to its regular business. Source: SL 1987, ch 223, §2; SL 2014, ch 137, §6.
SD Codified L § 32-6C-3 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-3 - Application required--Contents.

32-6C-3. Application required--Contents.Any person selling snowmobiles 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, with the names and addresses of all partners;(3)The name of the corporation or limited liability company, with the names and addresses of the principal officers or members, if the applicant is a corporation or limited liability company;(4)The exact location of the place of business and, if owned by the applicant, when acquired. If the place of business is leased, a copy of the lease shall accompany the application;(5)A certification that the location is the place where the applicant keeps and maintain books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;(6)A statement that the applicant is either franchised by a manufacturer of snowmobiles, in which case the name of each snowmobile that the applicant is franchised to sell shall be included, or is a used snowmobile dealer, or both;(7)A certification that neither the applicant, nor any other partner, member, or officer has been convicted of a crime involving vehicle theft or fraud in the last five years;(8)Such other information as the department may require. Source: SL 1987, ch 223, §3; SL 2004, ch 17, §93; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2014, ch 139, §6.
SD Codified L § 32-6C-4 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-4 - Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond.

32-6C-4. Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond.Before any license may be issued, the applicant shall deliver to the department, a surety bond in the amount of five thousand dollars, executed by the applicant as principal and by a surety company qualified to do business in the state as surety. The bond shall be to the department and in favor of any customer who suffers any loss that may be occasioned by reason of the failure of title or by reason of any fraudulent misrepresentation or breach of warranty as to freedom from liens. The bond shall be for the license period, and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period. Any surety company that pays a claim against the bond of a licensee shall notify the department, in writing, that it has paid such a claim and shall state the reason and the amount of the claim. Any surety company that cancels the bond of a licensee shall notify the department, in writing, of the cancellation, giving the reason for that cancellation. If a claim is made to the department against the bond, which claim is based upon a final judgment of a court record of this state, the dealer shall execute an additional bond for the amount necessary to maintain such security at the original level. Source: SL 1987, ch 223, §4; SL 2004, ch 207, §2.
SD Codified L § 32-6C-4.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-4.1 - Increase in dealer bond amount--Implementation.

32-6C-4.1. Increase in dealer bond amount--Implementation.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 amount. Source: SL 2004, ch 207, §6.
SD Codified L § 32-6C-5 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-5 - Dealer license--Fee--Renewal--Disposition of fees.

32-6C-5. Dealer license--Fee--Renewal--Disposition of fees.Upon making initial application for a dealer's license, the applicant shall pay a fee of one hundred fifty dollars to the department. A renewal application shall be submitted to the department annually, unless the license has been revoked prior to the expiration date, along with a renewal fee of one hundred twenty-five dollars, prior to the expiration of the old license. The renewal application shall contain the same information as is required in §32-6C-3. Any application for renewal made after the expiration date shall be accompanied by an initial license fee. Any licensee who does not file an application and renewal fee with the department prior to the expiration date shall cease to engage in business as a dealer on the license expiration date. All money collected pursuant to this section shall be deposited in the state motor vehicle fund. Source: SL 1987, ch 223, §5; SL 2008, ch 155, §5; SL 2020, ch 137, § 2.
SD Codified L § 32-6C-5.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-5.1 - Sale on consignment--Contract required--Form.

32-6C-5.1. Sale on consignment--Contract required--Form.Any snowmobile dealer or public auction may sell, or offer to sell, new or used snowmobiles on consignment. For the purposes of this chapter, consignment means the delivery of a snowmobile by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the snowmobile or has a right to return the snowmobile to the seller. Any snowmobile dealer or public auction who sells, or offers to sell, a South Dakota titled snowmobile or a used snowmobile titled in a bordering state on consignment shall enter into a contract with the consignor. If the snowmobile owner's state does not issue titles for the consigned snowmobile, the owner must provide a current state registration and accompanying affidavit stating that their home state does not issue titles for the snowmobile being consigned. A bill of sale, the registration, and affidavit of statement must be in the possession of the consignment selling dealer or public auction along with the proper consignment contract. The department shall prescribe the form of the contract. Source: SL 2005, ch 163, §1; SL 2018, ch 184, §4.
SD Codified L § 32-6C-5.2 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-5.2 - Sale on consignment prohibited for snowmobile without statement of origin.

32-6C-5.2. Sale on consignment prohibited for snowmobile without statement of origin.No person may sell or offer to sell a snowmobile, to which a manufacturer's statement of origin has not been transferred, on consignment. Source: SL 2005, ch 163, §2.
SD Codified L § 32-6C-6 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-6 - Books, records, and files to be kept--Inspection.

32-6C-6. Books, records, and files to be kept--Inspection. A dealer licensed under the provisions of this chapter shall keep books, records, or files for five years in the form prescribed by the department, and include the following in the dealer's books, records, or files:(1)A record of the purchase, sale, or exchange, of any snowmobile;(2)A description of each snowmobile purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the snowmobile was purchased or received and to whom it was sold or delivered. The description must include the snowmobile identification number and manufacturer's make and model; and(3)A certificate of title from the previous owner of any snowmobile not purchased from the manufacturer, from the time the snowmobile is delivered to the dealer until it has been disposed of by the dealer.The books, records, and files shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue.  Source: SL 1987, ch 223, §6; SL 2005, ch 159, §6; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2021, ch 130, § 7.
SD Codified L § 32-6C-6.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-6.1 - Offer to sell, sale, or exchange of snowmobile without certificate of title allowed under specified circumstances.

32-6C-6.1. Offer to sell, sale, or exchange of snowmobile without certificate of title allowed under specified circumstances.A dealer may offer for sale, sell, or exchange a snowmobile 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 snowmobile to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;(2)If the snowmobile is encumbered by a lien noted on the title, the dealer shows that payment has been tendered to the lienholder for the amount of the lien, except a lien that is the result of dealer inventory financing; or(3)If the dealer is required by law to obtain title prior to offering the snowmobile for sale and the dealer has applied for title through the electronic on-line title system and has submitted the documents to the department.This section does not relieve a dealer from the provisions of §32-3-7. Source: SL 2005, ch 159, §7.
SD Codified L § 32-6C-6.2 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06C - Regulation Of Snowmobile Dealers|Section 32-6C-6.2 - Agreement that dealer will satisfy lien by paying lienholder--Trade of snowmobile or consignment agreement--Theft.

32-6C-6.2. Agreement that dealer will satisfy lien by paying lienholder--Trade of snowmobile or consignment agreement--Theft.If a person trades in a snowmobile to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the snowmobile and the snowmobile 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 who is noted on the title. Failure to satisfy a lien pursuant to this section constitutes theft pursuant to chapter 22-30A. The degree of theft is determined by the amount of the unsatisfied lien. Multiple violations of this section occurring within any thirty-day period may be aggregated in amount to determine the degree of theft. Source: SL 2005, ch 159, §8.