reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-6.3 - Time period to satisfy lien after receipt of funds--Offering snowmobile for sale prior to tender to lienholder.

32-6C-6.3. Time period to satisfy lien after receipt of funds--Offering snowmobile for sale prior to tender to lienholder.
If a dealer enters into an agreement pursuant to §32-6C-6.1, the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the snowmobile for sale until payment has been tendered to the lienholder, except on a consigned snowmobile, whereby the dealer shall comply with the terms of the consignment agreement.
Source:
SL 2005, ch 159, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-7 - Issuance of dealer plates--Fees--Disposition of fees--Numbering of plates.

32-6C-7. Issuance of dealer plates--Fees--Disposition of fees--Numbering of plates.
The department shall issue license plates of a durable material to licensed dealers upon application and payment of ten dollars for each set desired. Two dollars of each fee collected for each set of dealer license plates shall be credited to the motor vehicle fund and the remaining eight dollars shall be credited to the snowmobile trails fund. The license plates shall bear a prefix of the letters "SD" and contain a distinguishing identification number of the licensee.
Source:
SL 1987, ch 223, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-7.1 - Mailing fees.

32-6C-7.1. Mailing fees.
In addition to the license fees assessed in §32-6C-7, the department shall collect from the dealer one dollar and fifty cents per decal if a decal is sent to the dealer through the mail. If the dealer requests that the decal be express mailed, the dealer must pay the actual costs of postage and handling.
Source: SL 2010, ch 157, §2; SL 2023, ch 98, §4, eff. Mar. 14, 2023.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-8 - Use of dealer plates--Display--Transfer of plates--Violation as misdemeanor.

32-6C-8. Use of dealer plates--Display--Transfer of plates--Violation as misdemeanor.
Any new snowmobile or used snowmobile owned by a licensed dealer, bearing dealer's "SD" license plates issued pursuant to §32-6C-7 may be operated in this state. One license plate shall be displayed on each side of the snowmobile. The "SD" license plate is transferable by the dealer from one snowmobile owned by him to another snowmobile owned by him. Any violation of this section is a Class 1 misdemeanor.
Source:
SL 1987, ch 223, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-9 - Use of vehicles bearing dealer's demonstration permits--Time limitation--Issuance of permits for unauthorized purposes prohibited--Violation as misdemeanor.

32-6C-9. Use of vehicles bearing dealer's demonstration permits--Time limitation--Issuance of permits for unauthorized purposes prohibited--Violation as misdemeanor.
Any new or used snowmobile owned by a licensed dealer, bearing dealer's demonstration permits, may be operated in this state for demonstration purposes only. Such snowmobiles may be operated by any prospective buyer for a period not to exceed three days. No dealer may issue a dealer's demonstration permit to any snowmobile for any other purpose. Any violation of this section is a Class 1 misdemeanor.
Source:
SL 1987, ch 223, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-10 - Temporary license permit--Restrictions on use--Renewal or alteration prohibited--Violation as misdemeanor.

32-6C-10. Temporary license permit--Restrictions on use--Renewal or alteration prohibited--Violation as misdemeanor.
If a snowmobile is sold by a licensed dealer, the dealer may provide a temporary forty-five day license permit which is a permit to operate the snowmobile in this state for a period of forty-five days after the date of sale or until the time the purchaser receives the regular license decals from the county treasurer, whichever occurs first. No dealer may use the permit upon any snowmobile owned by the dealer or for any purpose other than for snowmobiles sold by the dealer. No person may renew the temporary license permit nor change or alter the date or other information on the permit. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1987, ch 223, §10; SL 1997, ch 186, §1; SL 1999, ch 157, §1; SL 2015, ch 156, §17.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-11 - Dealer inspectors.

32-6C-11. Dealer inspectors.
The department may appoint dealer inspectors to enforce the provisions of this chapter. The inspectors may enter property pursuant to §32-6C-12 and sign complaints against persons found in violation of this chapter.
Source:
SL 1990, ch 246, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-12 - Investigation of dealers.

32-6C-12. Investigation of dealers.
The department may investigate any dealer licensed under this chapter for the purpose of ascertaining any violation of this chapter or chapter 32-20A and 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 1990, ch 246, §2; SL 2005, ch 160, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-14 - Grounds for denial of license or application of provisions of §§.1 to 32-6C-41.6, inclusive.

32-6C-14. Grounds for denial of license or application of provisions of §§32-6C-14.1 to 32-6C-41.6, inclusive.
The department may deny any application or apply the provisions of §§32-6C-14.1 to 32-6C-14.6, 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 the theft of snowmobiles or other motor vehicles in the last five years;
(3)A violation of any law of this state which relates to dealing in snowmobiles;
(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 snowmobiles;
(6)Failure to apply for transfers of title as required in chapters 32-3 and 32-20A;
(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 snowmobiles 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 snowmobiles;
(9)Refusal to comply with a licensee's responsibility under the terms of a snowmobile 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 snowmobile;
(11)Failure to disclose damage to a new snowmobile of which the dealer had knowledge if the dealer's actual cost to repair, exceeds five percent of the manufacturer's suggested retail price; or
(12)Inability to obtain or renew surety bond.
Source:
SL 1990, ch 246, §4; SL 1997, ch 182, §8; SL 2005, ch 162, §17.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-14.1 - Cease and desist order for specified violations--Period of effectiveness.

32-6C-14.1. 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 snowmobile dealer to cease and desist from engaging in any act or practice enumerated in §32-6C-14. A cease and desist order issued pursuant to this section is effective for a period of two years.
Source:
SL 2005, ch 162, §11; SL 2008, ch 156, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-14.2 - Hearing on question of whether violations occurred--Procedures.

32-6C-14.2. Hearing on question of whether violations occurred--Procedures.
Within twenty days after service of the order to cease and desist, the snowmobile 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, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-14.3 - Finality of cease and desist order.

32-6C-14.3. Finality of cease and desist order.
A cease and desist order pursuant to §32-6C-14.1 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, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-14.4 - Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.

32-6C-14.4. 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 §32-6C-14.1, 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, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-14.5 - Hearing to contest order to pay fine or suspend or revoke license--Procedures.

32-6C-14.5. 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 §32-6C-14.4. 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, §15.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-14.6 - Finality of order to pay fine or suspend or revoke license.

32-6C-14.6. Finality of order to pay fine or suspend or revoke license.
An order issued pursuant to §32-6C-14.4 becomes final upon expiration of the time allowed for appeals from the secretary's order, if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.
Source:
SL 2005, ch 162, §16.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06C - Regulation Of Snowmobile Dealers › Section 32-6C-17 - Adoption of rules--Administration by local officials.

32-6C-17. Adoption of rules--Administration by local officials.
The secretary of revenue may adopt rules pursuant to chapter 1-26 as may be necessary to ensure and obtain uniformity in the issuance of dealers' licenses, the inspection of dealers, and the use of dealer plates, demonstration permits, and temporary licenses as provided by 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 1990, ch 246, §7; SL 2004, ch 17, §94; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-1 - Definitions.

32-6D-1. Definitions.
Terms used in this chapter mean:
(1)"Consumer," the purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, who is entitled by the terms of the warranty to enforce the obligations of the warranty;
(2)"Express warranty," a written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty;
(3)"Lemon law rights period," the period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first twelve thousand miles of operation, whichever first occurs;
(4)"Manufacturer," the person, firm, corporation, or limited liability company engaged in the business of manufacturing, importing, or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale;
(5)"Motor vehicle," any vehicle intended primarily for use and operation on the public highways which is self-propelled. The term also includes any all-terrain vehicle with four or more wheels and with a combustion engine having a piston or rotor displacement of two hundred cubic centimeters or more. The term does not include any electric bicycle as defined in §32-20B-9, any motor home or to any motor vehicle having a manufacturer's gross vehicle weight rating of fifteen thousand pounds or more;
(6)"Motor vehicle dealer" or "authorized dealer," any person operating under a dealer agreement from a manufacturer and licensed pursuant to chapter 32-6B;
(7)"Nonconforming condition," any condition of a motor vehicle that is not in conformity with the terms of any express warranty issued by the manufacturer to a consumer and that significantly impairs the use, value, or safety of the motor vehicle and occurs or arises solely in the course of the ordinary use of the motor vehicle, and that does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after the motor vehicle was delivered by an authorized dealer to the consumer;
(8)"Notice of a nonconforming condition," a written statement delivered to the manufacturer and that describes the motor vehicle, the nonconforming condition, and all previous attempts to correct the nonconforming condition by identifying the person who made the attempt and the time the attempt was made.
Source:
SL 1993, ch 227, §1; SL 2014, ch 139, §7; SL 2015, ch 164, §1; SL 2019, ch 132, §1; SL 2019, ch 135, §11.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-2 - Notice of nonconforming condition--Timeliness--Obligation to repair.

32-6D-2. Notice of nonconforming condition--Timeliness--Obligation to repair.
If a new motor vehicle does not conform to any applicable express warranty and the consumer delivers the motor vehicle to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall make the necessary repairs to the motor vehicle to remedy any such nonconforming condition. The repairs are required even after the expiration of the lemon law rights period if notice of the nonconforming condition was first given during the lemon law rights period. However, the manufacturer's obligation to repair the nonconforming condition does not extend beyond the period of twenty-four months following delivery of the vehicle or twenty-four thousand miles, whichever occurs first.
Source:
SL 1993, ch 227, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-3 - Replacement of irreparable vehicle--Refund.

32-6D-3. Replacement of irreparable vehicle--Refund.
If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, through its authorized dealer, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle and shall refund the customer all collateral charges, including excise tax, license, and registration fees and similar government charges or shall accept return of the vehicle from the consumer and refund to the consumer the following:
(1)The full contract price including charges for undercoating, dealer preparation, and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;
(2)All collateral charges, including excise tax, license, and registration fees and similar government charges;
(3)All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer or its authorized dealer; and
(4)Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition.
Source:
SL 1993, ch 227, §3; SL 2007, ch 178, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-4 - Allowance for use of vehicle offset against monetary recovery.

32-6D-4. Allowance for use of vehicle offset against monetary recovery.
Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer or authorized dealer and shall be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator one hundred thousand and having as its numerator the number of miles that the vehicle traveled before the first report of nonconformity.
Source:
SL 1993, ch 227, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-5 - Reasonable attempts to correct nonconforming condition.

32-6D-5. Reasonable attempts to correct nonconforming condition.
It is presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of twenty-four months following delivery of the vehicle or twenty-four thousand miles, whichever first occurs, either of the following events occurred:
(1)The same nonconforming condition was subject to repair attempts four or more times by the manufacturer, or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or
(2)The motor vehicle was out of service and in the custody of the manufacturer or an authorized dealer due to repair attempts including the final repair attempt, one of which occurred during the lemon law rights period, for a cumulative total of thirty calendar days, unless the repair could not be performed because of conditions beyond the control of the manufacturer or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.
Source:
SL 1993, ch 227, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-6 - Civil action against manufacturer.

32-6D-6. Civil action against manufacturer.
A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer shall give notice of a nonconforming condition by certified mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time the notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed fourteen calendar days. If a manufacturer has established an informal dispute settlement procedure conducted within the state which is in compliance with federal rules and regulations, a consumer shall first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.
Source:
SL 1993, ch 227, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-7 - Affirmative defenses to claim against manufacturer.

32-6D-7. Affirmative defenses to claim against manufacturer.
It is an affirmative defense to any claim against the manufacturer under this chapter that:
(1)An alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or
(2)A nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.
Source:
SL 1993, ch 227, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-8 - Attorney fees.

32-6D-8. Attorney fees.
If the manufacturer has breached its obligations imposed under this chapter, the consumer may recover, in addition to the remedy provided under §§32-6D-2 to 32-6D-5, inclusive, an additional award for reasonable attorney fees.
Source:
SL 1993, ch 227, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-9 - Resale of returned vehicle.

32-6D-9. Resale of returned vehicle.
If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:
(1)The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty; and
(2)The manufacturer returns the title of the motor vehicle to the Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The department shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement: "This vehicle was returned to the manufacturer because it did not conform to its warranty."
Source:
SL 1993, ch 227, §9; SL 2004, ch 17, §95; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-10 - Liability of dealer.

32-6D-10. Liability of dealer.
Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. No manufacturer may charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.
Source:
SL 1993, ch 227, §10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06D - Manufacturer S Warranty › Section 32-6D-11 - Time limit for action.

32-6D-11. Time limit for action.
Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.
Source:
SL 1993, ch 227, §11.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-1 - Definition of terms.

32-6E-1. Definition of terms.
Terms used in this chapter mean:
(1)"Community," the franchisee's area of responsibility as stipulated in the franchise. A community has a minimum radius of ten miles around an existing dealership;
(2)"Department," the Department of Revenue;
(3)"Franchise," a written agreement or contract between a franchisor and a franchisee which fixes the legal rights and liabilities of the parties to such agreement or contract;
(4)"Franchisee," any person who receives snowmobiles from a franchisor under a franchise and who offers and sells the snowmobiles to the general public;
(5)"Franchisor," any person engaged in the manufacturing or distribution of snowmobiles including any person who acts for the franchisor;
(6)"Manufacturer," any person who manufactures or assembles snowmobiles and who issues the original or first manufacturer's statement of origin. The term, manufacturer, includes a central or principal sales corporation through which it distributes its products to franchised dealers;
(7)"Snowmobile dealer," 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 1994, ch 248, §1; SL 2004, ch 17, §96; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-2 - Termination of franchise--Hearing.

32-6E-2. Termination of franchise--Hearing.
No franchisor may terminate or refuse to continue any franchise unless the franchisor has first established in a hearing held under the provisions of chapter 1-26, that:
(1)The franchisor has cause for termination or noncontinuance; and
(2)Upon termination or noncontinuance, another franchise in the same line/make will become effective in the same community without diminution of the snowmobile service formerly provided or that the community cannot be reasonably expected to support such a dealership.
Source:
SL 1994, ch 248, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-3 - Determination of cause for termination of franchise.

32-6E-3. Determination of cause for termination of franchise.
In determining whether cause is established for terminating or not continuing a franchise, the department shall consider the existing circumstances including:
(1)Failure by the franchisee to comply with requirements imposed upon him by the franchise, which requirements are both essential and reasonable;
(2)Bad faith on the part of the franchisee in carrying out the terms of the franchise;
(3)Whether the franchise has adequate new snowmobile facilities, equipment, parts, and qualified management, sales, and service personnel to reasonably provide consumer care for the new snowmobiles sold at retail by the franchisee;
(4)Whether the franchisee refuses to honor warranties of the franchisor to be performed by the franchisee if the franchisor reimburses the franchisee for such warranty work performed by the franchisee; or
(5)Whether it is injurious to the public welfare for the business of the franchisee to be discontinued.
Source:
SL 1994, ch 248, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-4 - Additional franchises of same line/make--Public interest--Hearing.

32-6E-4. Additional franchises of same line/make--Public interest--Hearing.
No franchisor may enter into a franchise for the purpose of establishing an additional snowmobile 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 1994, ch 248, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-5 - Determination of cause for additional franchises of same line/make.

32-6E-5. Determination of cause for additional franchises of 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:
(1)The amount of business transacted by existing franchisee's of the same line/make in that community;
(2)Whether the franchisee's 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 franchisee's of the same line/make in the community in the performance of their part of their franchises;
(4)The effect on the retail snowmobile business as a whole in that community;
(5)The general quality and reputation of existing franchises 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 1994, ch 248, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-6 - Nonconsiderations for termination of franchises or additional same line/make franchises.

32-6E-6. Nonconsiderations for termination of franchises or additional same line/make franchises.
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 snowmobiles, 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 hold a franchise for the sale of another line/make of snowmobile, or that the franchisee has established another line/make of snowmobiles in the same dealership facilities as those of the franchisor, if the franchisee maintains a reasonable line of credit for each line/make of snowmobile; 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 1994, ch 248, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-7 - Impermissible conditions of franchise.

32-6E-7. Impermissible conditions of franchise.
No franchisor may require a franchisee to agree to the inclusion of a term or condition in a franchise, or in any lease or agreement ancillary or collateral to a franchise as a condition to the offer, grant, or renewal of such franchise, lease, or agreement, that:
(1)Requires the franchisee to waive trial by jury in any case involving the franchisor;
(2)Specifies the jurisdictions, venues, or tribunals in which disputes arising with respect to the franchise, lease, or agreement shall or may not be submitted for resolution or otherwise prevents a franchisee from bringing an action in a particular forum otherwise available under the law; or
(3)Requires that disputes between the franchisor and franchisee be submitted to arbitration or to any other binding alternate dispute resolution procedure.
However, any franchise, lease, or agreement may authorize the submission of a dispute to arbitration or to binding alternate dispute resolution if the franchisor and franchisee voluntarily agree to submit the dispute to arbitration or binding alternate dispute resolution at the time the dispute arises.
Source:
SL 1994, ch 248, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-8 - Franchisor's notice of franchise termination or addition of same line/make franchises.

32-6E-8. Franchisor's notice of franchise termination or addition of same line/make franchises.
If a franchisor seeks to terminate or not continue a franchise or seeks to enter into an additional franchise of the same line/make, the franchisor shall file a notice with the department of intention to terminate or not continue the franchise or to enter into a franchise for additional representation of the same line/make. This section does not apply to any intended termination or noncontinuance of a franchise which the franchisee elects voluntarily.
Source:
SL 1994, ch 248, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-9 - Notice to franchisee--Interested parties.

32-6E-9. Notice to franchisee--Interested parties.
Upon receiving a notice of intention, the department shall, within five days, send by first class mail, a copy of the notice to the franchisee whose franchise the franchisor seeks to terminate or not continue. If the notice seeks to establish an additional franchise, 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 an interested person.
Source:
SL 1994, ch 248, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-10 - Objection to approval of notice.

32-6E-10. Objection to approval of notice.
Any person who receives or is entitled to receive a copy of any notice provided for in §32-6E-8, 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 1994, ch 248, §10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-11 - Hearing on timely objection to approval of notice.

32-6E-11. Hearing on timely objection to approval of notice.
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 §32-6E-8. The department may, upon request, continue the date of hearing for a period of thirty days.
Source:
SL 1994, ch 248, §11.