reglab/housing_qa huggingface dataset:
SD Codified L § 32-6B-35.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-35.1 - Dealer's car auction agency--Announcement at sale when title denotes any brand or damage--Return of vehicle.

32-6B-35.1. Dealer's car auction agency--Announcement at sale when title denotes any brand or damage--Return of vehicle.If any motor vehicle has a title that has been marked by this state or another state or jurisdiction denoting any brand or damage and that motor vehicle is offered for sale by a dealer's car auction agency, the auction agency shall announce at the time of the sale that such brand or damage notation is listed on the title. If the auction agency fails to comply with this section, the purchaser of the motor vehicle may return the motor vehicle to the auction agency within ten days after receiving the title, and the auction agency shall make a full refund to the purchaser. Source: SL 2004, ch 209, §1.
SD Codified L § 32-6B-36 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-36 - Dealer's car auction agency--Vehicles acceptable for sale--Permitted purchasers--Unauthorized sale a misdemeanor.

32-6B-36. Dealer's car auction agency--Vehicles acceptable for sale--Permitted purchasers--Unauthorized sale a misdemeanor.Any auction agency operating under the provisions of this chapter may accept for sale at its option vehicles which are owned by vehicle dealers regularly licensed in either this or some other state, or by the following entities if the vehicle is owned and titled by the entity and acquired incident to its regular business:(1)Any regulated lender as defined in §54-3-14 or any financing institution licensed pursuant to chapter 54-4;(2)Any financial institution chartered or licensed in any other jurisdiction. However, such entity is not required to have a title in its name if the entity provides a title in the name of the customer and documentation as required by the department to substantiate a repossession transaction; or(3)Any insurance company authorized to do business in either this state or some other state.An auction agency may also accept from any manufacturer any vehicle that is owned by the manufacturer and that has a manufacturer's certificate of origin or a valid title. Any vehicle with a manufacturer's certificate of origin sold for a manufacturer may only be offered to the manufacturer's franchised dealers with the same line vehicle make.Any vehicle dealer, regularly licensed by this or some other state, may purchase any vehicle from an auction agency, except as otherwise prohibited by this section. Any auction agency that accepts for sale any vehicle not authorized by this section is guilty of a Class 1 misdemeanor. Source: SL 1986, ch 250, §37; SL 1997, ch 184, §1; SL 2001, ch 168, §1; SL 2007, ch 177, §1; SL 2015, ch 157, §21.
SD Codified L § 32-6B-36.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-36.1 - Dealer's car auction agency--Government-owned vehicles.

32-6B-36.1. Dealer's car auction agency--Government-owned vehicles. Notwithstanding §§32-6B-34 and 32-6B-36, any auction agency may accept for sale at its option vehicles which are owned by any governmental entity. Any member of the public may purchase those vehicles. The auction agency shall ensure that vehicles held and sold pursuant to this section are marked as separate and are physically separated from vehicles held and sold pursuant to §§ 32-6B-34 and 32-6B-36. Vehicles to be sold pursuant to this section shall be easily identifiable as being separate from vehicles to be sold pursuant to §§ 32-6B-34 and 32-6B-36. Upon request, the auction agency shall provide the department a site plan that shows the separation of vehicles to be sold pursuant to this section from vehicles to be sold pursuant to §§ 32-6B-34 and 32-6B-36. Source: SL 1997, ch 185, §1; SL 2021, ch 133, § 1.
SD Codified L § 32-6B-36.3 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-36.3 - Issuance of auction agency plates--Numbering--Fees--Return of plates--Misdemeanor.

32-6B-36.3. Issuance of auction agency plates--Numbering--Fees--Return of plates--Misdemeanor.The department shall issue metal numerical license plates to an auction agency upon application and payment of a one hundred one dollar yearly fee to be paid at the time of the annual review date for each set desired. Such fees shall be distributed in the manner specified in §§32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number "99." The plates may be issued for a multiple year period. If an auction agency's license is revoked or canceled or the auction agency goes out of business, the "99" plates shall be returned to the department. If any person operates a motor vehicle with "99" plates after the auction agency's license is revoked or canceled or after the auction agency goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor. Source: SL 2002, ch 152, §1; SL 2003, ch 167, §1; SL 2011, ch 139, §8; SL 2011, ch 139, §18, eff. July 1, 2013; SL 2015, ch 165, §19, eff. Apr. 1, 2015.
SD Codified L § 32-6B-36.4 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-36.4 - Use of agency plates--Transfer of plates--Violation as misdemeanor.

32-6B-36.4. Use of agency plates--Transfer of plates--Violation as misdemeanor.Any vehicle being transported to or from the auction agency's place of business bearing a "99" license plate issued pursuant to §32-6B-36.3 may be driven on the streets and highways of this state for the purpose of transporting a vehicle that will be sold or has been sold by the auction agency. The "99" license plate is transferable by the auction agency from one vehicle to another vehicle for transporting purposes. A violation of this section is a Class 2 misdemeanor. Source: SL 2002, ch 152, §2.
SD Codified L § 32-6B-37 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-37 - Dealer's car auction agency--Records required.

32-6B-37. Dealer's car auction agency--Records required.Every auction agency shall keep such books, records, and files as prescribed by the department. A record shall be kept of every vehicle offered for sale by or through the agency, including the serial or identification numbers, odometer information, and a description of the vehicle and the name, address, and license number of the vehicle dealer who owns the vehicle. If the vehicle is sold, the name, address, and license number of the vehicle dealer purchasing the vehicle and the price for which it is sold shall be recorded and maintained. Source: SL 1986, ch 250, §38; SL 1991, ch 244.
SD Codified L § 32-6B-37.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-37.1 - Public auction to keep records--Inspection by dealer appointed inspectors.

32-6B-37.1. Public auction to keep records--Inspection by dealer appointed inspectors.Every public auction shall keep such books, records, and files as prescribed by the department. A record shall be kept of every vehicle offered for sale by or through the public auction, including the serial or vehicle identification number and a description of the vehicle and the name and address of the motor vehicle owner. If the vehicle is sold, the name and address of the person purchasing the motor vehicle and the price for which it is sold shall be recorded and maintained. Dealer inspectors appointed pursuant to §32-6B-38 may inspect the books, records, or files required by the department or this section. Source: SL 1997, ch 182, §15.
SD Codified L § 32-6B-38 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-38 - Appointment of inspectors--Entry authorized--Complaints.

32-6B-38. Appointment of inspectors--Entry authorized--Complaints.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 250, §39.
SD Codified L § 32-6B-39 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-39 - Investigation of dealers--Authorized.

32-6B-39. Investigation of dealers--Authorized.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 32-5, inclusive. The investigation shall include an inspection of the principal place of business, supplemental lots, and any books, records, or files required by the department. An examination of titles and vehicles owned or offered for sale by the dealer shall also be conducted. Source: SL 1986, ch 250, §40; SL 2005, ch 160, §1.
SD Codified L § 32-6B-41 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-41 - Grounds for denial of license or application of provisions of §§ 32-6B-41.1 to 32-6B-41.6, inclusive.

32-6B-41. Grounds for denial of license or application of provisions of §§32-6B-41.1 to 32-6B-41.6, inclusive.The department may deny any application or apply the provisions of §§32-6B-41.1 to 32-6B-41.6, 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)Conviction of a felony involving vehicle theft or odometer fraud in the last five years;(3)A violation of any law of this state which relates to dealing in vehicles;(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 vehicles;(6)Failure to apply for transfers of title as required in chapter 32-3;(7)Failure to allow department inspections, including initial and annual inspections, complaint investigations, and necessary follow-up inspections;(8)Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of vehicles 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 vehicles;(9)Refusal to comply with a licensee's responsibility under the terms of the new vehicle warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;(10)Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a vehicle;(11)Inability to obtain or renew surety bond or to participate in a dealer asset pool;(12)Failure to maintain and continuously occupy a principal place of business; or(13)Failure to obtain or renew a public liability insurance policy of not less than three hundred thousand dollars, if the dealer has been given thirty days written notice to comply. Source: SL 1986, ch 250, §42; SL 1989, ch 256, §5; SL 1990, ch 239, §3; SL 1990, ch 242, §2; SL 1991, ch 245; SL 2005, ch 162, §7.
SD Codified L § 32-6B-41.1 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-41.1 - Cease and desist order for specified violations--Period of effectiveness.

32-6B-41.1. 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 vehicle dealer or public auction to cease and desist from engaging in any act or practice enumerated in §32-6B-41. A cease and desist order issued pursuant to this section is effective for a period of two years. Source: SL 2005, ch 162, §1; SL 2008, ch 156, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2020, ch 139, § 1.
SD Codified L § 32-6B-41.2 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-41.2 - Cease and desist order--Request for hearing--Procedure.

32-6B-41.2. Cease and desist order--Request for hearing--Procedure.Within twenty days after service of the order to cease and desist, the vehicle dealer or public auction 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, §2; SL 2020, ch 139, § 2.
SD Codified L § 32-6B-41.3 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-41.3 - Finality of cease and desist order.

32-6B-41.3. Finality of cease and desist order.A cease and desist order pursuant to §32-6B-41.1 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 the appeal. Source: SL 2005, ch 162, §3.
SD Codified L § 32-6B-41.4 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-41.4 - Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.

32-6B-41.4. 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 §32-6B-41.1, 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 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, §4.
SD Codified L § 32-6B-41.5 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-41.5 - Contest of order--Procedure.

32-6B-41.5. Contest of order--Procedure.A dealer or public auction may request a hearing to contest an order issued pursuant to §32-6B-41.4 or 32-6B-41.7. 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, §5; SL 2020, ch 139, § 4.
SD Codified L § 32-6B-41.6 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-41.6 - Finality of order.

32-6B-41.6. Finality of order.An order issued pursuant to §32-6B-41.4 or 32-6B-41.7 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, §6; SL 2020, ch 139, § 5.
SD Codified L § 32-6B-41.7 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-41.7 - Cease and desist order--Failure to comply--Penalty.

  32-6B-41.7  .  Cease and desist order--Failure to comply--Penalty.   If a public auction fails to comply with a cease and desist order issued pursuant to §  32-6B-41.1  , the secretary may issue an order imposing a monetary penalty on the public auction of five hundred dollars for each subsequent violation of the cease and desist order. All monetary penalties collected pursuant to this section shall be deposited in the state motor vehicle fund.     Source:  SL 2020, ch 139, § 3.
SD Codified L § 32-6B-42 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-42 - Notification of surety of license denial, suspension or revocation.

32-6B-42. Notification of surety of license denial, suspension or revocation.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 250, §43.
SD Codified L § 32-6B-47 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-47 - When franchisor may establish additional vehicle dealership for same line-make--Hearing.

32-6B-47. When franchisor may establish additional vehicle dealership for same line-make--Hearing.No franchisor may enter into a franchise for the purpose of establishing an additional vehicle dealership in any community in which the same line-make is currently represented, unless the franchisor has first established in a hearing held under the provisions of chapter 1-26 that an additional dealership under such franchise is in the public interest. Source: SL 1986, ch 250, §48.
SD Codified L § 32-6B-48 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-48 - Factors in determining cause for establishing additional franchise for same line-make.

32-6B-48. Factors in determining cause for establishing additional franchise for same line-make.In determining whether cause is established for entering into an additional franchise for the same line-make, the department shall consider the existing circumstances, including, but not limited to:(1)The amount of business transacted by existing franchisees of the same line-make in that community;(2)Whether the franchisees of the same line-make in that community are making a good faith effort to sell the franchisor's product;(3)Investment necessarily made and obligations incurred by existing franchisees of the same line-make in the community in the performance of their part of their franchises;(4)The effect on the retail vehicle business as a whole in that community;(5)The general quality and reputation of existing franchisees in the community and their ability to provide consumer care and service; and(6)Whether it is injurious to the public interest for an additional franchise to be established. Source: SL 1986, ch 250, §49.
SD Codified L § 32-6B-49 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-49 - Factors which are not cause for termination or noncontinuance of franchise or for establishing additional franchise for same line-make.

32-6B-49. Factors which are not cause for termination or noncontinuance of franchise or for establishing additional franchise for same line-make.The following circumstances are not cause for the termination or noncontinuance of a franchise, nor for entering into a franchise for the establishment of an additional dealership in a community for the same line-make:(1)The change of executive management or ownership by the franchisee, unless the franchisor can show that the change would be detrimental to the representation or reputation of the franchisor's product;(2)Refusal by the franchisee to purchase or accept delivery of any motor vehicles or vehicles, parts, accessories, or any other commodity or service not ordered by said franchisee;(3)The sole fact that franchisor desires further penetration of the market;(4)The fact that the franchisee owns, has an investment in, participates in the management of, or holds a franchise for the sale of another line-make of vehicle, or that the franchisee has established another line-make of vehicle in the same dealership facilities as those of the franchisor, if the franchisee maintains a reasonable line of credit for each line-make of vehicle; or(5)Refusal by the dealer to participate in any advertising campaign or contest or purchase any promotional materials, display devices, or display decoration or materials which are at the expense of the dealer. Source: SL 1986, ch 250, §50; SL 1990, ch 244, §1.
SD Codified L § 32-6B-50 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-50 - Notice of intention to enter into additional franchise for same line-make.

32-6B-50. Notice of intention to enter into additional franchise for same line-make.If a franchisor seeks to enter into an additional franchise of the same line-make, the franchisor shall file a notice with the department of the franchisor's intention to enter into a franchise for additional representation of the same line-make. Source: SL 1986, ch 250, §51; SL 2010, ch 156, §8, eff. Mar. 9, 2010.
SD Codified L § 32-6B-51 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-51 - Copies of notice to be sent to franchisees and other interested persons.

32-6B-51. Copies of notice to be sent to franchisees and other interested persons.Upon receiving a notice of intention seeking to establish an additional franchise of the same line-make in a particular community, a copy of the notice shall be sent within five days of receipt to all franchisees in the community who are engaged in the business of offering to sell or selling the same line-make. The department may also give a copy of the franchisor's notice to any other party which it considers interested persons. Source: SL 1986, ch 250, §52; SL 2010, ch 156, §9, eff. Mar. 9, 2010.
SD Codified L § 32-6B-52 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-52 - Objection to approval of notice--Time for filing written objection--Approval absent timely objection.

32-6B-52. Objection to approval of notice--Time for filing written objection--Approval absent timely objection.Any person who receives or is entitled to receive a copy of any notice provided for in §32-6B-50, may object to the approval of the notice by filing a written objection to the department within fifteen days from the date the notice was received by such person. If no objection is filed within fifteen days from the date the notice was received by such person, the notice shall be approved. Source: SL 1986, ch 250, §53.
SD Codified L § 32-6B-53 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-53 - Hearing on objection--Time and place--Notice--Continuance.

32-6B-53. Hearing on objection--Time and place--Notice--Continuance.If a timely objection is filed, the department shall enter an order fixing the time, which shall be within thirty days of the date of such order, and place of a hearing on the objection and shall send by first class mail a copy of the order to the franchisor, franchisee, and any other persons entitled to receive a copy of the notice provided for in §32-6B-50 or 32-6B-73. The department may, upon request, continue the date of hearing for a period of thirty days. Source: SL 1986, ch 250, §54; SL 2000, ch 150, §7.
SD Codified L § 32-6B-54 (2021)
2021 South Dakota Codified Laws|Title 32 - Motor Vehicles|Chapter 06B - Regulation Of Vehicle Dealers|Section 32-6B-54 - Burden of proof at hearing.

32-6B-54. Burden of proof at hearing.Upon a hearing conducted under the provisions of chapter 1-26, the franchisor has the burden of proof to establish that cause exists to enter into a franchise establishing an additional dealership. Source: SL 1986, ch 250, §55; SL 2010, ch 156, §10, eff. Mar. 9, 2010.