reglab/housing_qa huggingface dataset:
SD Codified L § 32-7A-4.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-4.1 - Application required--Contents.

32-7A-4.1. Application required--Contents.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 the firm or copartnership, with the names and addresses of all members, if the applicant is a firm or copartnership;(3)The name of the corporation or limited liability company, with the names and addresses of the principal officers or limited liability company, 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 true copy of the lease shall accompany the application;(5)A certification that the location is the place where the applicant keeps and maintains books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;(6)A consent to allow periodic inspections of the dealership by the department;(7)A description of the principal place of business and any supplemental lots;(8)A statement that the applicant is either franchised by a manufacturer of manufactured homes or mobile homes, in which case the brand name of each home that the applicant is franchised to sell shall be included, or is a used manufactured home or mobile home dealer;(9)The applicant's qualifications and business history, including whether the applicant, or any director, officer, member, limited or general partner, controlling shareholder, or affiliate has ever been adjudged bankrupt or insolvent, or has any unsatisfied court judgments outstanding against them;(10)If the applicant, or any director, officer, member, limited or general partner, controlling shareholder, or affiliate, has been convicted of a crime within the previous ten years that either related directly to the business for which the license is sought or involved fraud, misrepresentation, or misuse of funds, or has suffered a judgment in a civil action involving fraud, misrepresentation or conversion within the previous five years or has had any government issued license or permit suspended or revoked as a result of an action brought by federal or state governmental agency in this or any other state within the last five years;(11)Such other information as the department may require; and(12)Verification as to the accuracy of the information provided by the applicant. Source: SL 1986, ch 251, §7; SL 2014, ch 139, §8.
SD Codified L § 32-7A-4.2 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-4.2 - Grounds for denial of license or application of §§ 32-7A-4.3 to 32-7A-4.8.

32-7A-4.2. Grounds for denial of license or application of §§32-7A-4.3 to 32-7A-4.8.The department may deny any application or apply the provisions of §§32-7A-4.3 to 32-7A-4.8, inclusive, on any license issued under the provisions of this chapter, for any of the following:(1)Commission of fraud or willful misrepresentation in the application for or in obtaining a license;(2)A previous manufacturer or dealer license revocation in this or any other state;(3)A violation of any law of this state which relates to dealing in manufactured homes or mobile homes;(4)Failure to comply with any administrative rule promulgated by the department;(5)Perpetration of a fraud upon any person as a result of dealing in manufactured homes or mobile homes;(6)Failure to allow department inspections, including initial and annual inspections, complaint investigations and necessary follow-up inspections;(7)Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of manufactured homes or mobile homes which a dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of manufactured homes or mobile homes;(8)Refusal to comply with a licensee's responsibility under the terms of the new manufactured home or mobile home warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;(9)Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a manufactured home or mobile home;(10)Violation by the dealer of any applicable manufactured home building or safety code;(11)Failure to continuously occupy a principal place of business licensed under §32-7A-2;(12)Failure to deliver the manufacturer's statement of origin to the county treasurer or the certificate of title to a person entitled to it within forty-five days after date of delivery;(13)Conviction within the previous five years, of a crime that related directly to the business of the dealer or manufacturer involving fraud, misrepresentation or misuse of funds;(14)Inability to obtain or renew a surety bond; or(15)Misuse of the dealers' metal plates and lending for use on mobile homes or manufactured homes not owned by the manufacturer or dealer. Source: SL 1986, ch 251, §8; SL 1999, ch 45, §6; SL 2002, ch 148, §6; SL 2005, ch 162, §27; SL 2016, ch 154, §9.
SD Codified L § 32-7A-4.3 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-4.3 - Cease and desist order for specified violations--Period of effectiveness.

32-7A-4.3. Cease and desist order for specified violations--Period of effectiveness.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 §32-7A-4.2. A cease and desist order issued pursuant to this section is effective for a period of two years. Source: SL 2005, ch 162, §21; SL 2008, ch 156, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 32-7A-4.4 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-4.4 - Hearing on question of whether violations occurred--Procedures.

32-7A-4.4. Hearing on question of whether violations occurred--Procedures.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 as provided by, chapter 1-26. Source: SL 2005, ch 162, §22.
SD Codified L § 32-7A-4.5 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-4.5 - Finality of cease and desist order.

32-7A-4.5. Finality of cease and desist order.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 appeal. Source: SL 2005, ch 162, §23.
SD Codified L § 32-7A-4.6 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 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-4.6. Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.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 for not more than thirty days; or(3)Revokes the dealer's license.All monetary penalties collected pursuant to this section shall be deposited into the state motor vehicle fund. Source: SL 2005, ch 162, §24.
SD Codified L § 32-7A-4.7 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-4.7 - Hearing to contest order to pay fine or suspend or revoke license--Procedures.

32-7A-4.7. Hearing to contest order to pay fine or suspend or revoke license--Procedures.A dealer may request a hearing to contest an order issued pursuant to §32-7A-4.6. The request shall be submitted to the secretary in writing within twenty days after service of the order. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26. Source: SL 2005, ch 162, §25.
SD Codified L § 32-7A-4.8 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-4.8 - Finality of order to pay fine or suspend or revoke license.

32-7A-4.8. Finality of order to pay fine or suspend or revoke license.An order issued pursuant to §32-7A-4.6 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. Source: SL 2005, ch 162, §26.
SD Codified L § 32-7A-5 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-5 - Bond required for license.

32-7A-5. Bond required for license.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 and benefit of any purchaser or holder of lien to pay any loss, damages, and expenses resulting from the failure of any title for any fraudulent misrepresentation or breach of warranty as to freedom from a lien. If any claim is made to the department against such bond, which claim is based upon a final judgment of a court of record of this state, the dealer shall execute an additional bond for the amount necessary to maintain the security at the original level. Source: SL 1984, ch 223, §5; SL 2004, ch 17, §98; SL 2004, ch 207, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 32-7A-5.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-5.1 - Notice to surety company of denial, suspension, or revocation of license.

32-7A-5.1. Notice to surety company of denial, suspension, or revocation of license.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 251, §9.
SD Codified L § 32-7A-6 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-6 - Separate licenses for places of business in different counties.

32-7A-6. Separate licenses for places of business in different counties.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 Department of Revenue has been furnished proof that the applicant has a place of business as defined in §32-7A-2, in the additional county and has such a license in the initial county. This section does not prohibit a licensed dealer from setting up any auxiliary lot as defined in §32-7A-1. Source: SL 1984, ch 223, §6; SL 1998, ch 183, §3; SL 2004, ch 17, §99; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 32-7A-7 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-7 - Fee for license--Renewal.

32-7A-7. Fee for license--Renewal.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. The license is for a year, unless it is revoked for cause. Source: SL 1984, ch 223, §7; SL 1987, ch 215, §14; SL 2008, ch 155, §3; SL 2013, ch 141, §1.
SD Codified L § 32-7A-8 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-8 - Disposition of fees.

32-7A-8. Disposition of fees.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.
SD Codified L § 32-7A-8.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-8.1 - Increase in dealer bond amount--Implementation.

32-7A-8.1. 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, §7.
SD Codified L § 32-7A-9 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-9 - Time for grant or denial of license--Issuance of certificate--Form.

32-7A-9. Time for grant or denial of license--Issuance of certificate--Form.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 manufacturer for the remainder of the calendar year. Moreover, the department shall design and issue a certificate of license containing a distinguishing number of identification for the dealer or manufacturer. Source: SL 1984, ch 223, §9; SL 2004, ch 17, §101; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 32-7A-10 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-10 - Dealers' plates--Issuance--Use--Fees.

32-7A-10. Dealers' plates--Issuance--Use--Fees.The Department of Revenue shall issue to any mobile home and manufactured home dealer or manufacturer licensed as provided in this chapter, metal number plates displaying a general distinguishing number. The dealer or manufacturer shall make application to the department for the plates and pay a fee of ten dollars for each plate. One such plate shall be displayed on the rear of each mobile home or manufactured home while being transported on a public highway. Source: SL 1984, ch 223, §10; SL 1996, ch 197, §2; SL 2004, ch 17, §102; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 32-7A-10.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-10.1 - Mailing fees.

32-7A-10.1. Mailing fees.In addition to the license fees assessed in §32-7A-10, the department shall collect from the dealer one dollar per decal or five dollars per license plate if a decal or plate is sent to the dealer through the mail. If the dealer requests that the decal or plate be express mailed, the dealer shall pay the actual costs of postage and handling. Source: SL 2010, ch 157, §3.
SD Codified L § 32-7A-11 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-11 - Transportation of manufactured and mobile homes owned by dealer.

32-7A-11. Transportation of manufactured and mobile homes owned by dealer.New and used mobile homes and manufactured homes owned by a dealer may be transported upon the streets and highways to the dealer's place of business and to the purchaser of such a home and between a dealer's place of business and a supplemental lot or a temporary supplemental lot. Source: SL 1984, ch 223, §11; SL 1986, ch 251, §12; SL 1999, ch 45, §7; SL 2000, ch 42, §29; SL 2005, ch 71, §14.
SD Codified L § 32-7A-12 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-12 - Books, records, and files kept by licensees.

32-7A-12. Books, records, and files kept by licensees. A dealer or manufacturer licensed under the provisions of this chapter shall keep books, records, or files for five years in the form prescribed by the Department of Revenue, and include the following in the dealer's books, records, or files:(1)A record of the purchase, sale, or exchange, of any mobile or manufactured home;(2)A description of each mobile or manufactured home purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the mobile or manufactured home was purchased or received and to whom it was sold or delivered. The description must include the mobile or manufactured home identification number and manufacturer's make and model; and(3)A certificate of title from the previous owner of any mobile or manufactured home not purchased from the manufacturer, from the time the mobile or manufactured home 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 1984, ch 223, §12; SL 2004, ch 17, §103; SL 2005, ch 159, §10; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2021, ch 130, § 8.
SD Codified L § 32-7A-12.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-12.1 - Offer to sell, sale, or exchange of mobile or manufactured home without certificate of title allowed under specified circumstances.

32-7A-12.1. Offer to sell, sale, or exchange of mobile or manufactured home without certificate of title allowed under specified circumstances.A dealer may offer for sale, sell, or exchange a mobile or manufactured home 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 mobile or manufactured home to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;(2)If the mobile or manufactured home 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 mobile or manufactured home 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, §11.
SD Codified L § 32-7A-12.2 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-12.2 - Agreement that dealer will satisfy lien by paying lienholder--Trade of mobile or manufactured home or consignment agreement--Theft.

32-7A-12.2. Agreement that dealer will satisfy lien by paying lienholder--Trade of mobile or manufactured home or consignment agreement--Theft.If a person trades in a mobile or manufactured home to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the mobile or manufactured home and the mobile or manufactured home 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, §12.
SD Codified L § 32-7A-12.3 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-12.3 - Time period to satisfy lien after receipt of funds--Offering mobile or manufactured home for sale prior to tender to lienholder.

32-7A-12.3. Time period to satisfy lien after receipt of funds--Offering mobile or manufactured home for sale prior to tender to lienholder.If a dealer enters into an agreement pursuant to §32-7A-12.2, the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the mobile or manufactured home for sale until payment has been tendered to the lienholder, except on a consigned mobile or manufactured home, whereby the dealer shall comply with the terms of the consignment agreement. Source: SL 2005, ch 159, §13.
SD Codified L § 32-7A-13 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-13 - Fraud in contracts for sale, trade or purchase prohibited--Violation as misdemeanor.

32-7A-13. Fraud in contracts for sale, trade or purchase prohibited--Violation as misdemeanor.No person may make fraudulent statements or omissions in contracts for sale, trade, or purchase of a mobile home or manufactured home. A violation of this section is a Class 1 misdemeanor. Source: SL 1984, ch 223, §13.
SD Codified L § 32-7A-14.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes|Section 32-7A-14.1 - Power of secretary to make rules and require uniformity in administration of statute--Duty of local officials.

32-7A-14.1. Power of secretary to make rules and require uniformity in administration of statute--Duty of local officials.The secretary of revenue may adopt rules and issue such instructions as may be necessary to ensure and obtain uniformity in the administration of this chapter.All local officials charged with the administration of the provisions of such chapter are governed in their official acts by the rules promulgated by the secretary. Source: SDC 1939, §44.0213; SL 1982, ch 18, §9; SDCL §32-3-55; SL 2004, ch 17, §104; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.