reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-1.1 - Licensing and payment of tax on leased vehicles--Assessment of tax upon purchase by lessee--Lessor to assign title and certify price, fees and title.

32-5B-1.1. Licensing and payment of tax on leased vehicles--Assessment of tax upon purchase by lessee--Lessor to assign title and certify price, fees and title.
For motor vehicles leased for more than twenty-eight days, the lessor shall title and license the motor vehicle and denote the lessee on the application for title. The lessor or the lessee shall pay the motor vehicle excise tax. If the term of the lease is extended or if the vehicle is leased for an additional period of time, the motor vehicle excise tax shall be assessed on the additional lease payments and shall be paid by the lessor. If additional consideration is paid during the course of the lease or upon the termination of the lease, the motor vehicle excise tax shall be assessed upon such amount and paid by the lessor. If a lessee buys the leased vehicle at the end of the lease, excise tax shall be assessed on the purchase prices in §32-5B-4. The lessor shall assign the title to the lessee and shall deliver it to the county treasurer of the applicant's residence, along with an application certifying the price of the vehicle and the required fees and taxes.
A lessee who entered into a lease prior to July 1, 2000, and who paid excise tax based on the purchase price of the vehicle, including the value of the leased vehicle at the end of the lease, shall receive credit for tax previously paid if the lessee purchases the vehicle at the end of the lease.
An off-road vehicle, as defined by §32-3-1 and required to be titled pursuant to §32-20-12 and is titled in this state, that is leased for more than twenty-eight days, is subject to the provisions of this section.
Source: SL 1986, ch 248, §2; SL 1994, ch 245, §2; SL 1995, ch 175, §1; SL 2000, ch 145, §2; SL 2001, ch 166, §1; SL 2022, ch 93, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-1.2 - Leasing or rental company separate from dealership--Distinct name--Daily rental operations--Exemption from excise tax.

32-5B-1.2. Leasing or rental company separate from dealership--Distinct name--Daily rental operations--Exemption from excise tax.
Any leasing or rental company which operates within the principal place of business of a dealer, licensed pursuant to chapter 32-6B, is a business separate from the dealership for the purposes of this chapter. A leasing company shall title, license, and tax any leased vehicle which is leased for more than twenty-eight days in a name that is distinct and separate from that of the dealership name as indicated on the dealer license under chapter 32-6B. If the lessee is a rental company leasing vehicles for use in a daily rental operation, neither the lessor nor the lessee is required to pay the excise tax. In order to be exempt, the rental company shall be indicated on the title as the lessee. A rental company shall title and license any rental vehicle which is rented for twenty-eight days or less which is part of the rental company in a name that is distinct and separate from that of the dealership name as indicated on the dealer license under chapter 32-6B.
Source:
SL 1986, ch 248, §3; SL 1988, ch 246; SL 1993, ch 219, §7; SL 1994, ch 245, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-1.3 - Licensing and titling of used vehicle by dealer--Payment of tax by subsequent purchaser.

32-5B-1.3. Licensing and titling of used vehicle by dealer--Payment of tax by subsequent purchaser.
A licensed motor vehicle dealer may license a used motor vehicle which is part of his inventory. If the dealer licenses the motor vehicle, he shall title the motor vehicle, but is exempt from the motor vehicle excise tax. A licensed dealer may title the vehicle without licensing it. Any vehicle titled by a dealer but not licensed is exempt from the motor vehicle excise tax. A subsequent purchaser shall pay the excise tax. This section does not apply to those motor vehicles required to be titled pursuant to §32-5-27.
Source:
SL 1986, ch 247, §1; SL 1987, ch 219, §1; SL 1993, ch 225, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-1.4 - Licensing and payment of excise tax on new vehicle by dealer.

32-5B-1.4. Licensing and payment of excise tax on new vehicle by dealer.
A licensed motor vehicle dealer who sells new motor vehicles and has a franchise for that particular motor vehicle may license a new motor vehicle which is part of the dealer's inventory. If the dealer licenses the motor vehicle, the dealer shall title the motor vehicle and pay the excise tax imposed pursuant to §32-5B-1 on the actual purchase price of the motor vehicle.
Source:
SL 1987, ch 219, §2; SL 1988, ch 236, §22; SL 2015, ch 165, §6, eff. Apr. 1, 2015; SL 2017, ch 132, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-1.5 - Payment of excise tax by dealer required to take title--Subsequent purchaser not exempt.

32-5B-1.5. Payment of excise tax by dealer required to take title--Subsequent purchaser not exempt.
Except as provided in §32-5-27, any dealer who is required by law to take title to a motor vehicle, or required to take title to a motor vehicle for the purpose of resale because of the requirements of his dealer license, shall pay the excise tax established in §32-5B-1 and the next purchaser is not exempt from the excise tax on the subsequent purchase.
Source:
SL 1988, ch 236, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-2.2 - Exemption for self-propelled agricultural application unit.

32-5B-2.2. Exemption for self-propelled agricultural application unit.
Any self-propelled agricultural application unit that is purchased for use in this state is exempt from the provisions of this chapter and chapters 32-3 and 32-5. For purposes of this section, the term, self-propelled agricultural application unit, is defined as equipment designed and used exclusively to carry and apply fertilizer, pesticides, or related products for agricultural purposes. This term does not include an application unit attached to a motor vehicle chassis.
Source: SL 2022, ch 94, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-3 - Dealer's inventory exempt--Filing required.

32-5B-3. Dealer's inventory exempt--Filing required.
Any used, licensed motor vehicle which is in the inventory of a motor vehicle dealer on May 31, 1985, is exempt from the provisions of §32-5B-1. However, to qualify for this exemption, each motor vehicle dealer shall file on or before June 3, 1985, with the Department of Revenue and the county treasurer, a verified list of used, licensed motor vehicles on inventory.
Source:
SL 1985, ch 241, §3A; SL 2004, ch 17, §77; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-4.1 - Insurance check included in trade-in value.

32-5B-4.1. Insurance check included in trade-in value.
For the purposes of §32-5B-4, the credit or trade-in value of any damaged motor vehicle may include the value of any check from an insurance company which is intended to cover the damages to the motor vehicle.
Source:
SL 1992, ch 211.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-6 - Use of dealers' guide for used motor vehicles.

32-5B-6. Use of dealers' guide for used motor vehicles.
On used motor vehicles, the county treasurer shall, for the purpose of this chapter, use the most generally used and approved nationally recognized dealers' guide provided by the secretary of revenue. For those cases of vehicles not covered by the provided dealer guides the county treasurer shall seek assistance from the department.
Source:
SDC 1939, §44.0108 (9) as added by SL 1951, ch 224, §1; SL 1957, ch 210; SL 1961, ch 219; SL 1966, ch 129; SDCL §32-5-35; SL 1980, ch 213, §3; SL 1982, ch 18, §12; SL 1985, ch 241, §18; SL 2004, ch 17, §80; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2014, ch 144, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-8 - Fixing value, capacity, and weight of rebuilt or foreign vehicle.

32-5B-8. Fixing value, capacity, and weight of rebuilt or foreign vehicle.
The secretary may fix the value, carrying capacity, and weight of any rebuilt or foreign vehicle or on any vehicle on which a record of the value, carrying capacity, or weight is not available in his office.
Source:
SL 1957, ch 240, §1; SDC Supp 1960, §44.0108-1; SDCL, §32-5-36; SL 1980, ch 213, §4; SL 1985, ch 241, §19; SL 1986, ch 242, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-9 - Information to be presented by new owner of vehicle--Falsification as felony.

32-5B-9. Information to be presented by new owner of vehicle--Falsification as felony.
The new owner of a motor vehicle, or with written authorization, any other person as defined by subdivision 2-14-2(18) on behalf of and as the agent for the new owner, shall present to the county treasurer in the county of the new owner's residence the manufacturer's or importer's statement or certificate of origin or the assigned certificate of title and a properly endorsed motor vehicle purchaser's certificate. The motor vehicle purchaser's certificate shall be on a form to be furnished by the Department of Revenue through the county treasurer's office. The certificate shall contain a complete description of the motor vehicle, the owner's name and address, the previous owner's name and address, the full purchase price as defined by §32-5B-4 and how computed, the trade-in allowance and description of the trade, if any, and any other relevant information the Department of Revenue may require. However, for a motor vehicle licensed and registered pursuant to chapter 32-10, the manufacturer's or importer's statement or certificate of origin or an assigned certificate of title and a properly endorsed motor vehicle purchaser's certificate shall be presented to the Department of Revenue. Any person who intentionally falsifies information on the certificate is guilty of a Class 6 felony.
Source:
SL 1985, ch 241, §4; SL 2000, ch 141, §2; SL 2004, ch 17, §81; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-10 - Payment of tax.

32-5B-10. Payment of tax.
The tax levied by §32-5B-1 shall be paid to the county treasurer in the county of the new owner's residence. However, for a motor vehicle licensed and registered pursuant to chapter 32-10, the tax shall be paid to the Department of Revenue.
Source:
SL 1985, ch 241, §5; SL 2004, ch 17, §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-11 - Credit for taxes paid to this or another state.

32-5B-11. Credit for taxes paid to this or another state.
If any motor vehicle has been subjected previously to a sales tax, use tax, motor vehicle excise tax, or similar tax by this or any other state or its political subdivision, no tax is owed to this state if the tax has been paid by the applicant to this or any other state. Additionally, any part used in a rebuilt motor vehicle or motor vehicle manufactured by an applicant, previously subjected to sales tax, use tax, motor vehicle excise tax, or similar tax by this or any other state or its political subdivision, is not subject to the tax levied by this chapter, if the applicant applies for registration of the motor vehicle in this state within five years from the purchase date of the part. If the amount of tax levied and paid is the same or more than the amount of tax levied by this chapter, no tax or refund is due under this chapter. The county treasurer shall require of all applicants making application for registration of a motor vehicle in this state an affidavit of a licensed dealer, bill of sale, receipt, or other tangible evidence that the amount of tax has been paid by the current applicant. If sufficient proof is not furnished, the county treasurer shall collect the tax levied by §32-5B-1 on the retail value of the motor vehicle listed in the National Automobile Dealers' Used Car Guide (NADA). The value shall be the retail value of the motor vehicle on the day it entered the state. If a motor vehicle, after being taxed by this chapter or granted an exemption from part or all of the motor vehicle excise tax by this provision, is sold or traded, the vehicle does not again qualify for an exemption by this provision, if the vehicle is repurchased by the same applicant.
Source:
SL 1985, ch 241, §7; SL 1986, ch 242, §24; SL 1993, ch 219, §8; SL 2013, ch 139, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-12 - Proration of tax on proportionally registered vehicles.

32-5B-12. Proration of tax on proportionally registered vehicles.
If a motor vehicle is licensed and registered pursuant to chapter 32-10, the excise tax imposed by §32-5B-1 shall be prorated in accordance with the formula established in the International Registration Plan as amended as of January 1, 2021. Such motor vehicles and trailer units are exempt from a percentage of the excise tax, equal to the percentage of total fleet miles driven outside of this state. The mileage period used to calculate the exempt percentage shall be the same as used by the International Registration Plan for purposes of apportionally registering the vehicles. To qualify for this exemption, the registrant shall maintain all records required to be kept by the International Registration Plan. The records shall be maintained for a period of time equal to that required by the International Registration Plan for audit purposes to insure that the proper amount of tax was paid.
Source: SL 1978, ch 225, §1; SDCL Supp, §
32-5-32.1
; SL 1985, ch 241, §16; SL 1989, ch 257, §109; SL 1993, ch 219, §9; SL 2021, ch 125, § 7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-14 - Title issuance or transfer prohibited unless tax paid--Exception.

32-5B-14. Title issuance or transfer prohibited unless tax paid--Exception.
No title may be issued or transferred for the ownership of any motor vehicle unless the tax levied by §32-5B-1 is paid, except as provided in subdivision 32-5B-2(12) and vehicles taxed pursuant to §32-5B-20.
Source:
SL 1985, ch 241, §6; SL 1988, ch 236, §24; SL 1994, ch 245, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-15 - Rules authorized.

32-5B-15. Rules authorized.
The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning:
(1)Which motor vehicles are subject to tax;
(2)The actual value and purchase price of motor vehicles subject to tax;
(3)The supporting documents required to be furnished to verify actual value or purchase price; and
(4)The application of the tax and exemptions.
Source:
SL 1985, ch 241, §10; SL 1987, ch 82, §48; SL 2004, ch 17, §83; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-16 - Records required of sellers--Inspection.

32-5B-16. Records required of sellers--Inspection.
Any seller of a motor vehicle or snowmobile shall, on demand by the secretary of revenue, make available all books, records, and memoranda which relate to the sale of a motor vehicle or snowmobile. The secretary, in the event of any failure or refusal to produce the records, may conduct an audit of the books and records of any licensed motor vehicle or snowmobile dealer failing or refusing to produce the records. All books, records, and memoranda which relate to the sale of a motor vehicle or snowmobile shall be retained by the seller for five years.
Source:
SL 1985, ch 241, §11; SL 1987, ch 223, §11; SL 1997, ch 182, §2; SL 2004, ch 17, §84; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-17 - Disposition of revenue.

32-5B-17. Disposition of revenue.
All revenues received pursuant to §§32-5B-1 and 32-5B-20 shall be credited to the state highway fund.
Source:
SL 1985, ch 241, §9; SL 1994, ch 245, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-18 - "Siblings" defined.

32-5B-18."Siblings" defined.
For the purposes of this chapter, "siblings" include any individuals who are brother and sister by blood, marriage, or adoption.
Source:
SL 1986, ch 242, §22.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-19 - Rental vehicle and leased vehicle defined.

32-5B-19. Rental vehicle and leased vehicle defined.
Terms used in this chapter mean:
(1)"Leased vehicle," a motor vehicle which is titled in the name of a leasing company or the individual who is leasing the motor vehicle which is leased for a period of more than twenty-eight days;
(2)"Rental vehicle," a motor vehicle which is titled in the name of a rental company licensed under chapter 10-45 which is rented for twenty-eight days or less; or a trailer which is titled in the name of a rental company licensed under chapter 10-45 and that has an unladen weight of nine thousand pounds or more, that is rented for six months or less, and that is not consecutively rented to the same person for more than one six-month period.
Source:
SL 1994, ch 245, §1; SL 1997, ch 181, §1; SL 2000, ch 146, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-21 - Applicability of tax on leased vehicles--Leasing information required.

32-5B-21. Applicability of tax on leased vehicles--Leasing information required.
The tax imposed by §§32-5B-1, 32-5B-1.1, 32-5B-4(7), and 32-5B-21 to 32-5B-24, inclusive, and calculated in the manner set out in § 32-5B-4 on the sale or use of leased vehicles subject to titling and registration applies to vehicles with a gross vehicle weight ratings of less than sixteen thousand pounds or vehicles defined in subdivision 32-9-3(3), including motorcycles and motorized bicycles. No certificate of title may be issued until the tax is paid.
The county treasurer shall require every applicant for registration of a vehicle subject to tax under §§32-5B-1, 32-5B-1.1, 32-5B-4(7), and 32-5B-21 to 32-5B-24, inclusive, to supply information as is deemed necessary as to the date of the lease transaction, the lease price, and other information relative to the lease of the vehicle.
Source:
SL 2000, ch 145, §4; SL 2001, ch 167, §1; SL 2006, ch 161, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-22 - No tax refund for early termination of lease.

32-5B-22. No tax refund for early termination of lease.
If the lease is terminated prior to the termination date contained in the lease agreement, no refund may be allowed for tax previously paid under §§32-5B-1, 32-5B-1.1, 32-5B-4(7), and 32-5B-21 to 32-5B-24, inclusive.
Source:
SL 2000, ch 145, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-23 - Tax on vehicles leased in another state--Credit for tax paid to another state.

32-5B-23. Tax on vehicles leased in another state--Credit for tax paid to another state.
Vehicles entering this state under a lease are subject to tax on the date the vehicle enters this state for the remaining lease period. A credit for tax paid on the lease for the lease period at issue where the incidence of the tax was on the lessor, lessee, or both, and the tax was paid by the lessor, lessee, or both, to another state shall be applied to the motor vehicle lease tax due on the lease from the lessor in this state, if the lessor and the lessee remain the same.
Source:
SL 2000, ch 145, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-24 - Tax credit for total loss of leased vehicle.

32-5B-24. Tax credit for total loss of leased vehicle.
If the motor vehicle lease tax has been paid on a qualifying lease under §§32-5B-1, 32-5B-1.1, 32-5B-4(7), and 32-5B-21 to 32-5B-24, inclusive, and prior to the expiration of the lease, the vehicle subject to the lease is destroyed by means such as fire, accident, or vandalism, to the extent that it constitutes a total loss of the vehicle, a credit for motor vehicle lease tax paid for the period remaining on the previous lease shall be allowed if another vehicle is substituted under the original lease or a new lease is executed with the intent to replace the vehicle subject to the previous lease. To initially qualify for the credit there must be a total loss of the vehicle subject to the previous lease, a new lease must be executed or a vehicle must be substituted under the original lease. To qualify for the credit, the new lease or substituted vehicle under the original lease shall be executed by the same lessor and lessee, for lease of a vehicle of the same or similar make, model, year, and options as the vehicle subject to the previous lease, for the remaining lease period of the previous lease, and for the same lease price. The lease shall contain the same lease terms as the previous lease.
Source:
SL 2000, ch 145, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 05B - Excise Tax On Motor Vehicles › Section 32-5B-25 - Excise taxes on off-road vehicles deposited in general fund.

32-5B-25. Excise taxes on off-road vehicles deposited in general fund.
All excise taxes collected on the purchase of an off-road vehicle as provided by §32-5B-1 shall be deposited in the state general fund.
Source:
SL 2016, ch 159, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-1.1 - Motor home defined.

32-6B-1.1. Motor home defined.
For the purposes of this chapter, the term, motor home, means a motor vehicle that is designed as an integral unit to be used as a conveyance upon the public highways and for use as a temporary or recreational dwelling and that has at least four of the following permanently installed systems:
(1)Cooking facilities;
(2)Ice box or mechanical refrigerator;
(3)Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both;
(4)Self-contained toilet connected to a plumbing system with connection for external water disposal;
(5)Heating or air conditioning system, or both, separate from the vehicle engine or the vehicle electrical system; or
(6)A one hundred ten--one hundred fifteen volt alternating current electrical system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquified petroleum system and supply.
Source:
SL 2019, ch 130, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-1.2 - Recreational park trailer defined.

32-6B-1.2. Recreational park trailer defined.
For the purposes of this chapter, the term, recreational park trailer, means a vehicle that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use and that:
(1)Is built on a single chassis mounted on wheels;
(2)Has a gross trailer area not exceeding four hundred square feet in the setup mode;
(3)Is certified by the manufacturer as complying with American National Standards Institute Standard No. A119.5 in effect on January 1, 2008; and
(4)Has at least a seventeen digit identification number and the manufacturer has designated the vehicle as a recreational park model on the manufacturer statement of origin.
Source:
SL 2019, ch 130, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-1.3 - Temporary special events lot defined.

32-6B-1.3. Temporary special events lot defined.
For the purposes of this chapter, the term, temporary special events lot, means a location other than the principal place of business, supplemental lot, or temporary supplemental lot where a licensed trailer dealer, a licensed used car dealer, or a licensed vehicle dealer selling only truck tractors, trailers, or motor homes, or any combination thereof, may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center sales, or tent sales. A temporary special events lot shall meet all local zoning and building codes for the type of business being conducted.
Source:
SL 2019, ch 130, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-1.4 - Temporary supplemental lot defined.

32-6B-1.4. Temporary supplemental lot defined.
For the purposes of this chapter, the term, temporary supplemental lot, means a location other than the principal place of business or supplemental lot that is:
(1)Within the same county as the principal place of business;
(2)Within the corporate limits of a municipality that overlaps boundaries of an adjoining county;
(3)Within an adjoining county, if the adjoining county has no licensed vehicle dealer selling automobiles, pick-ups, or passenger vans and the lot is within a ten-mile radius of the principal place of business; or
(4)Within an adjoining county that has no like franchised licensed dealer.
A licensed vehicle dealer or a licensed used vehicle dealer may conduct business at such a lot for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, vehicle shows, auctions, shopping center promotions, or tent sales. A temporary supplemental lot shall meet all local zoning and building codes for the type of business being conducted. If a licensed vehicle dealer establishes a temporary supplemental lot in a county with a licensed used vehicle dealer, a licensed used vehicle dealer in that county may establish a temporary supplemental lot in the county of the licensed vehicle dealer.
Source:
SL 2019, ch 130, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-2 - Principal place of business defined.

32-6B-2.Principal place of business defined.
For purposes of this chapter, the term, principal place of business, means an enclosed commercial structure located within this state, easily accessible and open to the public at least twenty hours per week between the hours of 8:00 a.m. to 8:00 p. m., inclusive, with an improved display area immediately adjoining the building that is large enough to display five or more vehicles of the type the dealer is licensed to sell. It is the location at which the business of a vehicle dealer may be lawfully carried on in accordance with all applicable building codes, zoning, and other land use ordinances. Each licensed dealer shall maintain an enclosed permanent office on the location. Each office shall be adequately heated and lighted. The hours of operation of the office and an operating phone number shall be clearly posted at or near the main entrance to the office. Each location shall display an exterior sign that contains the name of the business and that is permanently affixed to the land or building. The exterior sign shall be clearly legible from the public right-of-way serving the location. It is the location where the books, records, and files necessary to conduct the business of the dealer are kept and maintained. In no event may rooms in a hotel, motel, apartment house, or any part of any single or multiple unit dwelling house be considered a principal place of business unless the entire ground floor of the facility is devoted principally to and occupied for commercial purposes. Any dealer licensed under this chapter shall maintain and continuously occupy a principal place of business. However, an emergency vehicle dealer is exempt from the requirement of having its principal place of business in South Dakota.
Source:
SL 1986, ch 250, §2; SL 1990, ch 239, §1; SL 1998, ch 175, §2; SL 2019, ch 130, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-3 - Sale on consignment--Contract required--Form.

32-6B-3. Sale on consignment--Contract required--Form.
Any dealer or public auction may sell, or offer to sell, new or used vehicles on consignment. For the purposes of this chapter, consignment means the delivery of a vehicle 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 vehicle or has a right to return the vehicle to the seller. Any dealer or public auction who sells, or offers to sell, South Dakota titled vehicles on consignment shall enter into a contract with the consignor. The department shall prescribe the form of the contract.
Source:
SL 1986, ch 250, §3; SL 1989, ch 257, §110; SL 1997, ch 182, §11; SL 2005, ch 163, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-3.1 - Sale on consignment prohibited for vehicle without statement of origin.

32-6B-3.1. Sale on consignment prohibited for vehicle without statement of origin.
No person may sell or offer to sell a motor vehicle, to which a manufacturer's statement of origin has not been transferred, on consignment.
Source:
SL 1997, ch 182, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-3.2 - Odometer reading required for consignment or auction--Violation a misdemeanor.

32-6B-3.2. Odometer reading required for consignment or auction--Violation a misdemeanor.
Before a South Dakota titled vehicle may be sold by a consignee or at a public auction pursuant to §32-6B-3, the consignee or auctioneer shall have in possession an odometer reading certified by the owner of the motor vehicle and a South Dakota title for the motor vehicle. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1997, ch 182, §13; SL 2015, ch 157, §20.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-3.3 - Consignment or auction of vehicle with lien--Written consent and release by lien holder.

32-6B-3.3. Consignment or auction of vehicle with lien--Written consent and release by lien holder.
A consignee or an auctioneer may not sell a motor vehicle that has a certificate of title with a lien on it for less than the full amount of the lien, without the advance written consent of the lien holder. A consignee or an auctioneer may not release the proceeds from the sale of a motor vehicle with a lien on the title until the lien holder signs a release of the lien. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1997, ch 182, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-3.4 - Auction on consignment of older vehicle titled in another state.

32-6B-3.4. Auction on consignment of older vehicle titled in another state.
Notwithstanding the provisions of subdivision 32-6B-5(4), any titled vehicle, including a vehicle owned by a vehicle dealer who has obtained a permit under the provisions of §32-6B-5.4 but who is licensed in another state, except a motorcycle, that is not titled in South Dakota and is at least twenty years old may be sold at a public auction on consignment if the title of the vehicle is issued in the name of the seller. All other provisions of this chapter pertaining to consignment sales or public auctions need to be met.
Source:
SL 1998, ch 177, §1; SL 2011, ch 140, §1; SL 2014, ch 145, §3; SL 2019, ch 130, §17.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-3.5 - Auction on consignment of older motorcycle titled in another state.

32-6B-3.5. Auction on consignment of older motorcycle titled in another state.
Notwithstanding the provisions of subdivision 32-6B-5(4), any motorcycle, including a motorcycle owned by a dealer who has obtained a permit under the provisions of §32-6B-5.4 but who is licensed in another state, that is not titled in South Dakota, and that is at least thirty years old, may be sold at a public auction on consignment if the title of the vehicle is issued in the name of the seller. All other provisions of this chapter pertaining to consignment sales or public auction need to be met.
Source:
SL 1998, ch 177, §2; SL 2011, ch 140, §2; SL 2014, ch 145, §4; SL 2019, ch 130, §18.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-3.6 - Sale of used motorcycles and off-road vehicles on consignment where dealer possesses state title or title from bordering state--Exception.

32-6B-3.6. Sale of used motorcycles and off-road vehicles on consignment where dealer possesses state title or title from bordering state--Exception.
In addition to the consignment sales requirements provided in this chapter, any dealer or public auction may sell, or offer to sell, used motorcycles and used off-road vehicles as defined in §32-3-1 on consignment if the dealer has in possession a South Dakota title for the vehicle or a state title for the vehicle from a bordering state. If the motorcycle or off-road vehicle owner's state does not issue titles for the consigned motorcycle or off-road vehicle, the owner must provide a current state registration and accompanying affidavit stating that their home state does not issue titles for the vehicle 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 2018, ch 184, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-4 - License required--Violation as misdemeanor.

32-6B-4. License required--Violation as misdemeanor.
No person may engage in the business, either exclusively or in addition to any other occupation, of selling, offering to sell, or displaying new or used vehicles, without a license as provided in §32-6B-12. A 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 term, offering to sell, as used in this section, does not mean traditional advertising. However, the term includes the physical presence in this state of a new or used vehicle offered for sale by a person not exempt pursuant to the provisions of §32-6B-5. For an emergency vehicle dealer, as defined by §32-6B-1, the term includes the submission of a bid proposal for the sale of a vehicle if the bid proposal is offered in response to a bid request originating in this state.
Source:
SL 1986, ch 250, §4; SL 1990, ch 240, §1; SL 2000, ch 147, §1; SL 2011, ch 141, §1; SL 2014, ch 137, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-4.1 - Brokering prohibited--Violation as misdemeanor.

32-6B-4.1. Brokering prohibited--Violation as misdemeanor.
No person may act as, offer to act as, or hold himself or herself out to be a broker. A violation of this section is a Class 2 misdemeanor.
Source:
SL 2000, ch 147, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-5.2 - Permit for dealer licensed in another state to sell motorcycles at event.

32-6B-5.2. Permit for dealer licensed in another state to sell motorcycles at event.
A person who is a licensed dealer in another state may sell motorcycles at an event without a license issued under this chapter if the person meets the provisions of this section. Before selling any motorcycle, the person shall register and purchase a permit from the department. Before the department may issue a permit, the person shall provide proof the person is a licensed dealer in another state and has no outstanding dealer violations. The permit may be issued if any new motorcycle make being sold is not franchised in this state. The permit may be issued if any used motorcycle make being sold is franchised in this state, is at least two model years old, and has at least two thousand five hundred miles on the odometer. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee for the permit is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.
Source:
SL 2019, ch 130, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-5.3 - Permit for dealer licensed in another state to sell trailers at event.

32-6B-5.3. Permit for dealer licensed in another state to sell trailers at event.
A person who is a licensed dealer in another state may sell trailers at an event without a license issued under this chapter if the person meets the provisions of this section. Before selling any trailer, the person shall register and purchase a permit from the department. Before the department may issue a permit, the person shall provide proof the person is a licensed dealer in another state and has no outstanding dealer violations. The permit may only be issued if the trailer make being sold is not franchised in this state unless the person obtains a written waiver from any similar franchise dealer in this state. The person shall present the waiver to the department at the time the person applies for the permit. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee for the permit is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Regardless of whether or not there is a franchise in this state, any person may display a trailer at an event. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.
Source:
SL 2019, ch 130, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-5.4 - Permit for dealer licensed in another state to sell older vehicles and motorcycles on consignment at public auction.

32-6B-5.4. Permit for dealer licensed in another state to sell older vehicles and motorcycles on consignment at public auction.
A person who is a licensed dealer in another state may sell a vehicle that is at least twenty years old or a motorcycle that is at least thirty years old at a public auction on consignment without a license issued under this chapter if the person meets the provisions of this section. The vehicle or motorcycle shall have a title issued in the name of the dealer by any state other than this state. Before selling any vehicle or motorcycle, the person shall register and purchase a permit from the department. Before the department may issue a permit, the person shall provide proof the person is a licensed dealer in another state and has no outstanding dealer violations. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the auction, the fee is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.
Source:
SL 2019, ch 130, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-5.5 - Permit for manufacturer to display trailers at event.

32-6B-5.5. Permit for manufacturer to display trailers at event.
A person who is engaged in the business of manufacturing trailers may display any trailer at an event without a license issued under this chapter if the person meets the provisions of this section. Before displaying any trailer, the person shall register and purchase a permit from the department. The permit does not allow the sale of any trailer. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.
Source:
SL 2019, ch 130, §10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-5.6 - Permit for manufacturer to display or demonstrate customized motor vehicle at event.

32-6B-5.6. Permit for manufacturer to display or demonstrate customized motor vehicle at event.
A person who is engaged in the business of manufacturing or customizing motor vehicles may display and offer limited demonstration of a person's customized motor vehicle at an event without a license issued under this chapter if the person meets the provisions of this section. Before displaying or demonstrating any motor vehicle, the person shall register and purchase a permit from the department. The permit does not allow the sale of any motor vehicle. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation. For the purposes of this section, the term, customized motor vehicle, means any motor vehicle that has been altered from the manufacturer's original design or has a body constructed of nonoriginal materials.
Source:
SL 2019, ch 130, §11.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-5.7 - Permit for sponsor to display customized motorcycles at event.

32-6B-5.7. Permit for sponsor to display customized motorcycles at event.
A person who is sponsoring an event for displaying customized motorcycles built for the event may do so without a license issued under this chapter if the person meets the provisions of this section. Before displaying any such motorcycle, the person sponsoring the event shall register and purchase a permit from the department. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation. If any person wishes to display any customized motorcycle outside the sponsored event, the person shall register and purchase a permit as provided under §32-6B-5.6.
Source:
SL 2019, ch 130, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-6 - Application required--Contents.

32-6B-6. Application required--Contents.
Any person selling vehicles pursuant to the requirements of this chapter shall file with the department, upon forms provided by the department, an application including the following:
(1)The name and address of the applicant;
(2)The name of the firm or copartnership, with the names and addresses of all members, if the applicant is a firm or copartnership;
(3)The name of the corporation or limited liability company, with the names and addresses of the principal officers or 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 true copy of the lease shall accompany the application;
(5)A certification that the location provides an adequately equipped office and is not the residence of the applicant;
(6)A certification that the location affords sufficient space to adequately store all vehicles offered for sale;
(7)A certification that the location is the place where the applicant keeps and maintains books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;
(8)A consent to allow periodic inspections of the dealership by the department;
(9)A certification that the business of a vehicle dealer is the principal business conducted at the location;
(10)A description of the principal place of business and any supplemental lots;
(11)A statement that the applicant is either franchised by a manufacturer of vehicles, in which case the name of each vehicle that the applicant is franchised to sell shall be included or is a used vehicle dealer;
(12)A list of financial references;
(13)A certification that neither the applicant, nor any other partner, member, officer, or financial supporter, has been convicted of a crime involving vehicle theft or fraud in the last five years;
(14)Such other information as the department may require;
(15)Verification as to the accuracy of the information provided by the applicant;
(16)A certificate that the applicant has obtained a public liability insurance policy of not less than three hundred thousand dollars; and
(17)For any emergency vehicle dealer whose principal place of business is not located in South Dakota, proof the dealer is a licensed dealer in another state and has no outstanding dealer violations.
Source:
SL 1986, ch 250, §7; SL 1990, ch 242, §1; SL 1998, ch 175, §3; SL 2014, ch 139, §5.