reglab/housing_qa huggingface dataset:
SD Codified L § 32-6B-55 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-55 - Hearing upon change of circumstances.

32-6B-55. Hearing upon change of circumstances.If a franchisor is not permitted to enter into a franchise for the line-make in the community, no such franchise may thereafter be entered into for the sale of such vehicles in the community unless the franchisor thereafter establishes, in a subsequent hearing held under the provisions of chapter 1-26, that there has been a change of circumstances so that the community at that time can be reasonably expected to support such a dealership. Source: SL 1986, ch 250, §56; SL 2010, ch 156, §11, eff. Mar. 9, 2010.
SD Codified L § 32-6B-56 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-56 - Dealer's license not to be issued to franchisee absent compliance by franchisor.

32-6B-56. Dealer's license not to be issued to franchisee absent compliance by franchisor.If a franchisor enters into or attempts to enter into a franchise for an additional new vehicle dealership in a community where the same line-make is already represented, without first complying with the provisions of this chapter, no dealer's license may be issued to that franchisee or proposed franchisee to engage in the business of selling new vehicles, manufactured or distributed by that franchisor. Source: SL 1986, ch 250, §57; SL 2010, ch 156, §12, eff. Mar. 9, 2010.
SD Codified L § 32-6B-56.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-56.1 - Trailer franchisees not subject to certain provisions.

32-6B-56.1. Trailer franchisees not subject to certain provisions.The provisions of §§32-6B-45 to 32-6B-56, inclusive, do not apply to any trailer franchisee dealing in trailers with a weight of three thousand pounds or less. This section may not be construed to exclude such a franchisee from the licensing and other requirements contained in this chapter. Source: SL 2010, ch 156, §4, eff. Mar. 9, 2010.
SD Codified L § 32-6B-57 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-57 - Sale by franchisor to franchisee at lower price than that charged to other franchisee prohibited--Exceptions--Violation as misdemeanor--Damages.

32-6B-57. Sale by franchisor to franchisee at lower price than that charged to other franchisee prohibited--Exceptions--Violation as misdemeanor--Damages.It shall be unlawful for a franchisor to offer to sell or to sell any new vehicle to any franchisee at a lower actual price therefor than the actual price charged to any other franchisee for the same model vehicle similarly equipped or to utilize any device including, but not limited to, sales promotion plans or programs which result in such lesser actual price; provided, however, the provisions of this section shall not apply to sales to a franchisee for resale to any unit of government, federal, state, or local. Provided, further, the provisions of this section shall not apply to sales to a franchisee of any vehicle ultimately sold, donated, or used by said franchisee in a driver's education program. Provided, further, that the provisions of this section shall not apply so long as the franchisor offers to sell or sells new vehicles to all franchisees at the same price. Each and every person who violates this section shall be guilty of a Class 1 misdemeanor, and each and every person violating this section shall be liable thereby for all damages caused by such violation. Source: SL 1986, ch 250, §58.
SD Codified L § 32-6B-58 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-58 - Duty of franchisor or manufacturer to fulfill warranty agreements and compensate dealers for labor and parts--Disposition of dealer claims.

32-6B-58. Duty of franchisor or manufacturer to fulfill warranty agreements and compensate dealers for labor and parts--Disposition of dealer claims.Every franchisor or manufacturer shall properly fulfill any warranty agreement and compensate, as set forth in §32-6B-61, each of its vehicle dealers for labor and parts. The franchisor or manufacturer shall pay all claims made by a vehicle dealer for the labor and parts within thirty days following their approval. The franchisor or manufacturer shall either approve or disapprove the claim within thirty days after its receipt. If a claim is disapproved, the vehicle dealer who submitted the claim shall be notified in writing of the claim's disapproval within the thirty-day period. Any claim rejected for technical reasons may be put into proper form by the vehicle dealer. Any claim resubmitted by the vehicle dealer within thirty days after the receipt of the claim shall be considered to be approved and payment shall be made within thirty days. The franchisor or manufacturer has the right to audit any vehicle dealer claim for a period of one year after the claim is paid to the dealer and to charge back to the new vehicle dealer the amount of any unsubstantiated claim. If there is evidence of fraud by the vehicle dealer, the audit period is two years from the actual or constructive notice of facts constituting the alleged fraud. Source: SL 1986, ch 250, §59; SL 1990, ch 245, §1; SL 1995, ch 177; SL 2005, ch 161, §1; SL 2010, ch 156, §13, eff. Mar. 9, 2010.
SD Codified L § 32-6B-58.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-58.1 - Franchisor or manufacturer--Duties--Separate warranty for an engine, transmission, or rear axle--Disposition of dealer and customer claims.

32-6B-58.1. Franchisor or manufacturer--Duties--Separate warranty for an engine, transmission, or rear axle--Disposition of dealer and customer claims. A franchisor or manufacturer that provides a separate warranty for an engine, transmission, or rear axle installed in a commercial medium- and heavy-duty on-highway vehicle, as defined in 49 U.S.C. §32901(a)(7) as of January 1, 2021, shall compensate any authorized repair facility that performs warranty work to repair or replace the engine, transmission or rear axle upon the same terms and conditions as provided in §32-6B-61 for compensation of warranty work performed by a vehicle dealer. The franchisor or manufacturer shall pay all claims made by the facility for the labor and parts within thirty days following approval. The franchisor or manufacturer shall either approve or disapprove the claim within thirty days after receiving the claim. If a claim is disapproved, the facility that submitted the claim shall be notified in writing of the claim's disapproval within the thirty-day period. Any claim rejected for technical reasons may be put into proper form by the facility. Any claim resubmitted by the facility within thirty days after the receipt of the claim shall be considered to be approved and payment shall be made within thirty days. The franchisor or manufacturer has the right to audit any facility’s claim for a period of one year after the claim is paid to the facility and to charge back to the facility the amount of any unsubstantiated claim. If there is evidence of fraud by the facility, the audit period is two years from the actual or constructive notice of facts constituting the alleged fraud. Source: SL 2021, ch 134, § 1.
SD Codified L § 32-6B-59 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-59 - Right of department to apply for injunction against violation of chapter.

32-6B-59. Right of department to apply for injunction against violation of chapter.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, or both, restraining any person from acting as a vehicle dealer under the terms of this chapter without being properly licensed hereunder, from violating or continuing to violate any of the provisions of this chapter or chapters 32-3, 32-5, or for failing or refusing to comply with the requirements of this chapter or chapters 32-3, 32-5, or any rules adopted thereunder. Such injunction shall be issued without bond. A single act in violation of the provisions of this chapter or of chapter 32-3 or 32-5, is sufficient to authorize the issuance of an injunction. Source: SL 1986, ch 250, §60.
SD Codified L § 32-6B-60 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-60 - Adoption of rules.

32-6B-60. Adoption of rules.The secretary of revenue may adopt rules pursuant to chapter 1-26 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 this chapter are governed in their official acts by the rules promulgated by the secretary. Source: SL 1986, ch 250, §61; SL 2004, ch 17, §89; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 32-6B-61 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-61 - Schedule of compensation for warranty work.

32-6B-61. Schedule of compensation for warranty work.The schedule of compensation for warranty work shall include reasonable compensation for diagnostic work, as well as repair service, parts, and labor. Time allowances for diagnosis and performance of warranty work and service shall be adequate for the work to be performed. The hourly labor rate paid to the dealer for warranty services may not be less than the rate charged by the dealer for like service to nonwarranty customers for nonwarranty service. Reimbursement for parts used in the performance of warranty repair may not be less than the current retail rate customarily charged by the vehicle dealer for such parts. Each manufacturer, in establishing a schedule of compensation for warranty work, shall rely on the vehicle dealer's written schedule of hourly labor rates and parts and may not obligate any vehicle dealer to engage in unduly burdensome documentation thereof, including, without limitation, obligating vehicle dealers to engage in transaction by transaction calculations. Source: SL 1990, ch 245, §2; SL 2010, ch 156, §14, eff. Mar. 9, 2010.
SD Codified L § 32-6B-62 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-62 - Trailer dealers exempt from certain liability insurance requirements.

32-6B-62. Trailer dealers exempt from certain liability insurance requirements.The provisions of subdivision 32-6B-6(16) and subdivision 32-6B-41(13) do not apply to a trailer dealer's license. Source: SL 1991, ch 246; SL 2019, ch 130, §16.
SD Codified L § 32-6B-63 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-63 - Regulation of advertising.

32-6B-63. Regulation of advertising.The Department of Revenue may promulgate rules, pursuant to chapter 1-26, to regulate the advertising of vehicles offered for sale by vehicle dealers. The department may promulgate rules concerning the following:(1)Price advertising;(2)Availability of vehicles; and(3)General advertising practices. Source: SL 1991, ch 247, §1; SL 2004, ch 17, §90; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 32-6B-64 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-64 - Advertising defined.

32-6B-64. Advertising defined.For the purposes of §32-6B-63 the term, advertising, means any oral, written, or graphic statement which offers for sale a particular vehicle or vehicle parts and services or which indicates the availability of a vehicle or vehicle goods or services. The term includes any statement or representation made in a newspaper, periodical, pamphlet, circular, other publication, or on a radio or television; contained in any notice, handbill, sign, billboard, poster, bill, catalog, or letter; or printed on or contained in any tag or label which is attached to a vehicle. Source: SL 1991, ch 247, §2.
SD Codified L § 32-6B-66 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-66 - In-transit permits for certain trailer manufacturer's trailers.

32-6B-66. In-transit permits for certain trailer manufacturer's trailers.Any manufacturer of trailers located in the state and who has registered with the department as a manufacturer of trailers may use an in-transit permit to operate any of the manufacturer's trailers upon the streets and highways of this state for in-transit purposes and for travel to and from a service facility. A manufacturer may not issue an in-transit permit for a trailer for any other purpose. A violation of this section is a Class 1 misdemeanor. Source: SL 1994, ch 247, §1.
SD Codified L § 32-6B-67 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-67 - Promulgation of rules for in-transit permits for trailer manufacturer's trailers.

32-6B-67. Promulgation of rules for in-transit permits for trailer manufacturer's trailers.The department shall prescribe, by rules promulgated pursuant to chapter 1-26, the size, color, material, and design of the trailer manufacturer in-transit permits as provided by §32-6B-66. The department shall also provide, by rule, the process for registering trailer manufacturers pursuant to §32-6B-66 and a registration fee of not more than fifty dollars. Source: SL 1994, ch 247, §2.
SD Codified L § 32-6B-69 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-69 - Franchise agreement--Change of terms--Dealer rights.

32-6B-69. Franchise agreement--Change of terms--Dealer rights.No franchisor may modify a franchise during the terms of the franchise or upon its renewal if the modification would substantially and adversely affect the vehicle dealer's rights, obligations, investment, or return on investment without giving at least sixty days notice of the proposed modification to the vehicle dealer unless the change is required by law. Within the sixty-day period, the vehicle dealer may file an objection requesting a determination of whether good cause exists for permitting the proposed modification with the Department of Revenue and serve notice on the franchisor. The department shall promptly schedule a hearing to be held under the provisions of chapter 1-26 and decide the matter within ninety days from the date the protest is filed. Multiple protests pertaining to the same proposed modification shall be consolidated for hearing. No proposed modification may take effect with respect to the protesting vehicle dealer's franchise pending the determination of the matter. The written notice shall contain on the first page thereof a conspicuous statement which reads substantially as follows: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A PROTEST WITH THE SOUTH DAKOTA DEPARTMENT OF REVENUE IN PIERRE, SOUTH DAKOTA, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE WITH A SUCCEEDING FRANCHISE UNDER THE TERMS OF SOUTH DAKOTA LAW IF YOU OPPOSE THIS ACTION."This section does not apply to franchise agreements involving travel trailers or motor homes. Source: SL 1998, ch 180, §1; SL 2004, ch 17, §92; SL 2005, ch 161, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 32-6B-69.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-69.1 - Audit by franchisor--Limitation--Exception.

32-6B-69.1. Audit by franchisor--Limitation--Exception.A franchisor may reasonably and periodically audit a franchisee to determine the validity of paid claims or chargebacks for customer or dealer incentives. An audit of incentive payments may apply only for a period of one year after the claims are paid to the dealer. The limitations of this section do not apply if the franchisor can prove fraud. Source: SL 2002, ch 153, §5; SL 2010, ch 156, §15, eff. Mar. 9, 2010.
SD Codified L § 32-6B-70 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-70 - License required for certain activities--Violation as misdemeanor--Additional violations as felony.

32-6B-70. License required for certain activities--Violation as misdemeanor--Additional violations as felony.No sell-it-yourself lot operator may engage in the following business activities concerning any vehicle on a sell-it-yourself lot premises, unless licensed in accordance with the provisions of this chapter:(1)Sell, offer to sell, or negotiate the sale of any vehicle;(2)Buy, offer to buy, or negotiate the purchase of any vehicle;(3)Make any comments about the appearance, condition, or reputation of any vehicle;(4)Communicate the name, address, or phone number of the owner of any vehicle to a potential customer. However, the vehicle and ownership information can be provided to a potential customer by means of a sign or information sheet placed in or on the vehicle by its owner;(5)Advertise any of the following:(a)The price, mileage, or the condition of a vehicle; or(b)The name or the telephone number of a vehicle's owner;(6)Authorize the test drive of any vehicle;(7)Take possession of the keys of a vehicle for any purpose; or(8)Sell, offer to sell, or facilitate the sale of any financing package or warranty package for any vehicle on the sell-it-yourself lot.A sell-it-yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation by a sell-it-yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 6 felony. Source: SL 1998, ch 181, §1.
SD Codified L § 32-6B-71 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-71 - Vehicle dealership--Death of owner--Succession of interest.

32-6B-71. Vehicle dealership--Death of owner--Succession of interest.The owner of a vehicle dealership may appoint by trust, will, or any other valid written instrument a successor to the owner's dealership interest upon the owner's death or incapacity. Unless the franchisor has good cause to refuse to honor the succession, the successor may succeed to the ownership of the dealership under the existing franchise if:(1)Within ninety days of the owner's death or incapacity, the successor gives written notice of the successor's intent to succeed to ownership of the dealership; and(2)The successor agrees to be bound by all the terms and conditions of the franchise agreement with the prior owner.Upon request, the successor shall promptly provide the franchisor evidence of the successorship appointment, as well as personal and financial information reasonably necessary to determine whether the succession should be honored by the franchisor. Source: SL 1998, ch 182, §1.
SD Codified L § 32-6B-72 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-72 - Succession--Refusal to honor.

32-6B-72. Succession--Refusal to honor.If a franchisor believes that good cause exists to refuse to honor the intended succession under §32-6B-71, the franchisor shall serve the named successor written notice of refusal to honor the intended succession within sixty days of its receipt of the notice of intended succession, or within sixty days of receiving the information requested pursuant to §32-6B-71, whichever is later. The notice shall contain specific grounds for the refusal to honor the succession.If the notice of refusal to honor the intended succession is not timely served upon the intended successor, the successor may continue the franchise subject only to termination as otherwise permitted in this chapter.In determining whether good cause exists for the refusal to honor the intended succession, the franchisor has the burden of proving that the intended successor is not a person of good moral character or does not meet the franchisor's existing and reasonable standards. Good cause for refusal to honor succession does not include the owner's dealership being dualed with another franchisor's line. Source: SL 1998, ch 182, §2.
SD Codified L § 32-6B-73 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-73 - Notification of decision to transfer, assign, or sell franchise agreement or dealership--Notification as application for approval.

32-6B-73. Notification of decision to transfer, assign, or sell franchise agreement or dealership--Notification as application for approval.In order to transfer, assign, or sell a franchise agreement or controlling interest in the dealership to another person, a dealer shall notify the manufacturer or franchisor whose vehicles the dealer is franchised to sell of the dealer's decision to transfer, assign, or sell the dealership. The notification shall be by certified mail, return receipt requested, and is the application by the dealer for approval by the manufacturer or franchisor of the transfer. Source: SL 2000, ch 150, §1.
SD Codified L § 32-6B-74 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-74 - Contents of notice.

32-6B-74. Contents of notice.The notice shall be in writing and shall include:(1)The prospective transferee's name, address, financial qualifications, and business experience;(2)A copy of pertinent agreements regarding the proposed transfer, assignment, or sale;(3)Completed application forms and related information generally utilized by the manufacturer or franchisor in reviewing prospective dealers; and(4)The prospective transferee's written agreement to comply with the terms of the franchise agreement to the extent that the franchise agreement is not in conflict with this chapter. Source: SL 2000, ch 150, §2.
SD Codified L § 32-6B-75 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-75 - Manufacturer or franchisor to determine prospective transferee's qualification--Notice of decision--Statement of reasons for rejection.

32-6B-75. Manufacturer or franchisor to determine prospective transferee's qualification--Notice of decision--Statement of reasons for rejection.Not later than the sixty days after receiving notice and application as provided by §§32-6B-73 to 32-6B-78, inclusive, the manufacturer or franchisor shall determine whether or not the dealer's prospective transferee is qualified and shall send a letter by certified mail, return receipt requested, informing the dealer of the approval of the prospective transferee or the unacceptability of the prospective transferee. If the prospective transferee is not acceptable, the manufacturer or franchisor shall include a statement setting forth the material reasons for the rejection. An application filed by a dealer as provided in §§32-6B-73 to 32-6B-78, inclusive, is approved unless rejected by the manufacturer or franchisor in the manner provided by §§32-6B-73 to 32-6B-78, inclusive. Source: SL 2000, ch 150, §3.