reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-7 - Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond.

32-6B-7. Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond.
Before any license is issued, the applicant shall deliver to the department a good and sufficient surety bond, executed by the applicant as principal and by a surety company qualified to do business in the state as surety. The bond shall be for an amount based upon the type of license applied for, as follows:
(1)Vehicle dealer's license--$25,000;
(2)Used vehicle dealer's license--$25,000;
(3)Motorcycle and off-road vehicle dealer's license--$5,000;
(4)Trailer dealer's license--$10,000 for trailers weighing more than three thousand pounds; or
(5)Emergency vehicle dealer's license--$10,000.
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 breaches of warranty as to freedom from liens. The bond shall be for the license period. 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. 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 of record of this state, the dealer shall execute an additional bond for the amount necessary to maintain the security at the original level.
Source:
SL 1986, ch 250, §8; SL 1989, ch 256, §3; SL 1998, ch 175, §4; SL 2004, ch 207, §1; SL 2010, ch 156, §2, eff. Mar. 9, 2010; SL 2016, ch 159, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-7.2 - Increase in dealer bond amount--Implementation.

32-6B-7.2. 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, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-8 - Dealer in new vehicles to maintain repair shop.

32-6B-8. Dealer in new vehicles to maintain repair shop.
If an applicant sells or offers to sell new vehicles, the principal place of business shall include a suitable repair shop with space to repair, service, maintain, and recondition one or more vehicles and shall be equipped with ample tools, parts, and accessories.
Source:
SL 1986, ch 250, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-9 - Dealer in new vehicles to give bond to cover warranty obligations--Amount--Exemption.

32-6B-9. Dealer in new vehicles to give bond to cover warranty obligations--Amount--Exemption.
No application may be granted nor a license issued to an applicant for the purpose of selling new vehicles under this chapter until the applicant executes a bond with a corporate surety which has been authorized to do business in this state. The surety shall be in the amount of fifty thousand dollars, payable to the Department of Revenue for the use and benefit of any new vehicle purchaser to pay all damages and expenses that may be occasioned from the applicant's failure to fulfill warranty obligations. In no event may the liability of the surety in the aggregate exceed the amount of the bond. However, an applicant is exempt from this bond requirement if he has within the county a repair facility and qualified personnel for the purpose of fulfilling new vehicle warranties.
Source:
SL 1986, ch 250, §10; SL 2004, ch 17, §87; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-10 - Manufacturer's contract or franchise prerequisite to license for dealer in new vehicles.

32-6B-10. Manufacturer's contract or franchise prerequisite to license for dealer in new vehicles.
No dealer's license may be issued to a person who desires to sell or offer for sale new vehicles until the applicant furnishes written proof, satisfactory to the department, that the person has a bona fide contract or franchise in effect in this state with the manufacturer of the vehicle the person proposes to deal in. For the purposes of this section, written proof which does not adequately capture the intent of both the applicant and the manufacturer to be bound by the subject franchise or bona fide contract may be deemed insufficient by the department.
Source:
SL 1986, ch 250, §11; SL 2010, ch 156, §3, eff. Mar. 9, 2010.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-11 - Verification of application by department--Refusal to issue license.

32-6B-11. Verification of application by department--Refusal to issue license.
The department shall, in the case of every application for initial licensure, verify the facts set forth in the application. The department may not issue a license to the applicant until it is satisfied that the facts set forth in the application are true. The department may refuse to issue a license upon any of the grounds stated in §32-6B-41.
Source:
SL 1986, ch 250, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-12 - Classification of licenses--Issuance of license certificate.

32-6B-12. Classification of licenses--Issuance of license certificate.
Any dealer's license issued under this chapter shall be of the following classes:
(1)"Vehicle dealer's license," a license that permits the licensee to engage in the business of selling or exchanging new, or new and used, vehicles;
(2)"Used vehicle dealer's license," a license that permits the licensee to engage in the business of selling or exchanging used vehicles only;
(3)"Motorcycle and off-road vehicle dealer's license," a license that permits the licensee to engage in the business of selling or exchanging new or used motorcycles and new or used off-road vehicles only;
(4)"Trailer dealer's license," a license that permits the licensee to engage in the business of selling or exchanging trailers, semitrailers, recreational park trailers, or travel trailers only, new or used;
(5)"Emergency vehicle dealer's license," a license that permits the licensee to engage in the business of selling or exchanging new or used authorized emergency vehicles; or
(6)"Final stage manufacturer dealer's license," a license that permits the licensee to engage in the business of selling or exchanging a previously assembled new motor vehicle chassis cab that has been completed by the final stage manufacturer and to engage in the business of selling or exchanging used motor vehicles.
A license certificate identifying the class of dealership and containing a distinguishing identification number of licensee shall be issued by the department if the application is in compliance with the provisions of this chapter.
Source:
SL 1986, ch 250, §13; SL 1998, ch 175, §5; SL 2008, ch 53, §4; SL 2012, ch 165, §2; SL 2016, ch 159, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-12.1 - Low-speed vehicle retail sales.

32-6B-12.1. Low-speed vehicle retail sales.
Any person engaged in the retail sale of low-speed vehicles shall be licensed as a vehicle dealer or used vehicle dealer.
Source:
SL 2008, ch 147, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-13 - Fees for dealer's licenses--Disposition of fees.

32-6B-13. Fees for dealer's licenses--Disposition of fees.
Upon making initial application for a dealer's license, the applicant shall pay a fee to the department. The initial fee required for each type of dealer's license is as follows:
(1)Vehicle dealer's license--$300;
(2)Used vehicle dealer's license--$300;
(3)Motorcycle and off-road vehicle dealer's license--$250;
(4)Trailer dealer's license--$125;
(5)Emergency vehicle dealer's license--$300; or
(6)Final stage manufacturer dealer's license--$300.
All money collected pursuant to this section shall be deposited in the state motor vehicle fund.
Source:
SL 1986, ch 250, §14; SL 1998, ch 175, §6; SL 2008, ch 155, §1; SL 2012, ch 165, §3; SL 2016, ch 159, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-14 - Dealer license--Annual review--Renewal notice--Suspension or revocation--Promulgation of Rules.

32-6B-14. Dealer license--Annual review--Renewal notice--Suspension or revocation--Promulgation of Rules.
The application for license and all applicable fees are due prior to the issuance of the initial license. Each license renewal shall be reviewed annually by the department. The department shall mail to the licensee at the last known address a renewal notice. If the licensee is registered on the electronic dealer system, the licensee shall receive the renewal notice by electronic means. The department shall establish by rules promulgated pursuant to chapter 1-26 the review date, if other than October first to December thirty-first, inclusive. If the licensee fails to return the renewal notice or to pay the applicable fees the department shall suspend or revoke the license pursuant to the provisions of §§32-6B-41.1 to 32-6B-41.6, inclusive.
Source:
SL 1986, ch 250, §15; SL 1987, ch 215, §13; SL 1997, ch 182, §4; SL 2013, ch 141, §3; SL 2019, ch 130, §15; SL 2020, ch 137, § 1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-15 - Renewal application--Fees.

32-6B-15. Renewal application--Fees.
A renewal application shall be submitted to the department annually, prior to the expiration of the old license. The applicant shall pay a fee based on the following schedule to the department:
(1)Vehicle dealer's license--$175;
(2)Used vehicle dealer's license--$175;
(3)Motorcycle and off-road vehicle dealer's license--$150;
(4)Trailer dealer's license--$100; or
(5)Emergency vehicle dealer's license--$175.
The renewal application shall contain the same information as required for the initial application in §32-6B-6. Any application for renewal made after the expiration date shall be accompanied by a fee in the amount of the initial license fee as established in §32-6B-13.
Source:
SL 1986, ch 250, §16; SL 1998, ch 175, §7; SL 2008, ch 155, §2; SL 2016, ch 159, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-16 - Modification of license certificate--Display of license.

32-6B-16. Modification of license certificate--Display of license.
Any license certificate issued by the department may be modified by indorsement to show a change in the name of the licensee, provided the majority ownership interest of the license has not changed or the name of the person appearing as franchisee on the sales and service agreement has not changed. Modification of a license certificate to show a change as provided does not require initial licensure or reissuance of dealer license plates. Every person licensed as a vehicle dealer shall display his license in a conspicuous place at his principal place of business.
Source:
SL 1986, ch 250, §17.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-17 - Separate licenses--Requirement.

32-6B-17. Separate licenses--Requirement.
If the applicant sets up a principal place of business in more than one county of this state, the applicant shall secure a separate license for each county. However, a vehicle dealer or used vehicle dealer who sells or displays a vehicle that is twenty model years or older or an emergency vehicle dealer is not required to secure a separate license for each county if the licensee has otherwise complied with this chapter, has notified the department of the display, and the display does not exceed fifteen consecutive days. No license for any additional county may be issued until the department is furnished with proof that the applicant has a principal place of business in the county and has otherwise complied with this chapter.
Source:
SL 1986, ch 250, §18; SL 1998, ch 175, §8; SL 2016, ch 162, §1; SL 2020, ch 138, § 1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-18 - Permission to change principal place of business within county.

32-6B-18. Permission to change principal place of business within county.
If the licensee desires to move from the principal place of business occupied at the time the license was granted to a new location within the county, he shall secure written permission from the department to do so. The licensee is required to furnish proof to the department that the new location constitutes a principal place of business as defined in §32-6B-2.
Source:
SL 1986, ch 250, §19.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-19 - Supplemental licenses for supplemental lots within county--Exemptions.

32-6B-19. Supplemental licenses for supplemental lots within county--Exemptions.
Any person licensed under this chapter, who sells vehicles at locations other than the principal place of business, shall obtain a supplemental license for each auxiliary or supplemental lot not contiguous to the location for which the original license is issued. If the license is granted, the licensee may be permitted to use unimproved lots and premises for sale, storage, and display of vehicles. Supplemental lots and premises shall be located within the county of the principal place of business of the applicant and shall meet local zoning codes or ordinances. No supplemental license is required for display of vehicles within the corporate limits of a municipality if the vehicle dealer is licensed or if one or more licensed vehicle dealers wish to display their vehicles on a temporary supplemental lot as defined in §32-6B-1.4.
Source:
SL 1986, ch 250, §20; SL 2007, ch 176, §1; SL 2019, ch 130, §19.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-20 - Books, records, and files to be kept--Inspection.

32-6B-20. Books, records, and files to be kept--Inspection.
Each dealer licensed under the provisions of this chapter, shall keep books, records, or files, in such form as prescribed or approved by the department, including the following:
(1)A record of the purchase, sale, or exchange, of any vehicle;
(2)A description of each vehicle purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the vehicle was purchased or received and to whom it was sold or delivered. The description shall include the vehicle identification number, manufacturer's make and model, and odometer mileage; and
(3)A certificate of title from the previous owner of any vehicle not purchased from the manufacturer, from the time the vehicle is delivered to the dealer until it has been disposed of by the dealer.
The books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue.
Source:
SL 1986, ch 250, §21; SL 1996, ch 196; SL 2005, ch 159, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-20.1 - Certificate kept at another dealership or at lending institution--Requirements--Notice.

32-6B-20.1. Certificate kept at another dealership or at lending institution--Requirements--Notice.
A dealer is not required to keep a certificate of title for any vehicle with a manufacturer's weight of sixteen thousand pounds or greater if a copy of the front and back of the certificate of title which has been assigned to the dealer is kept at the location where the vehicle is being offered for sale and the original certificate of title for the vehicle is kept at another South Dakota dealership owned by the same dealer or kept by a lending institution.
Prior to keeping any certificate of title at another dealership or at a lending institution, the dealer shall notify the department in writing where the certificate of title is to be kept.
Source:
SL 2005, ch 159, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-20.2 - Offer to sell, sale, or exchange of vehicle without certificate of title allowed under specified circumstances.

32-6B-20.2. Offer to sell, sale, or exchange of vehicle without certificate of title allowed under specified circumstances.
A dealer may offer for sale, sell, or exchange a vehicle 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 vehicle to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;
(2)If the vehicle 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 vehicle 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, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-20.3 - Agreement that dealer will satisfy lien by paying lienholder--Trade of vehicle or consignment agreement--Theft.

32-6B-20.3. Agreement that dealer will satisfy lien by paying lienholder--Trade of vehicle or consignment agreement--Theft.
If a person trades in a vehicle to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the vehicle and the vehicle 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, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-20.4 - Time period to satisfy lien after receipt of funds--Offering vehicle for sale prior to tender to lienholder.

32-6B-20.4. Time period to satisfy lien after receipt of funds--Offering vehicle for sale prior to tender to lienholder.
If a dealer enters into an agreement pursuant to §32-6B-20.3, the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the vehicle for sale until payment has been tendered to the lienholder, except on a consigned vehicle, whereby the dealer shall comply with the terms of the consignment agreement.
Source:
SL 2005, ch 159, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-21 - Issuance of dealer plates--Numbering--Fees--Return of plates--Misdemeanor.

32-6B-21. Issuance of dealer plates--Numbering--Fees--Return of plates--Misdemeanor.
The department shall issue metal numerical license plates to licensed dealers upon application and payment of a one hundred one dollar yearly fee to be paid at the time of the annual review date for each set desired. The fees shall be distributed in the manner specified in §§32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number 77. The plates may be issued for a multiple year period. If a dealer's license is revoked or canceled or the dealer goes out of business the 77 plates shall be returned to the department. If any person operates a motor vehicle with 77 plates after the dealer license is revoked or canceled or after the dealer goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor.
Source:
SL 1986, ch 250, §22; SL 1997, ch 182, §5; SL 1999, ch 59, §9; SL 2011, ch 139, §6; SL 2011, ch 139, §16, eff. July 1, 2013; SL 2015, ch 165, §17, eff. Apr. 1, 2015.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-21.1 - Mailing fees.

32-6B-21.1. Mailing fees.
In addition to the license plate and decal fees assessed in §§32-6B-21, 32-6B-22.1, 32-6B-23, and 32-6B-36.3, the department shall collect from the dealer one dollar and fifty cents per decal or set of decals or seven dollars and fifty cents per license plate or set of plates if a decal or plate is sent to the dealer through the mail. If the dealer requests that the decal or plate be express mailed, the dealer must pay the actual costs of postage and handling.
Source: SL 2010, ch 157, §1; SL 2023, ch 98, §3, eff. Mar. 14, 2023.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-22 - Use of dealer plates--Transfer of plates--Violation as misdemeanor.

32-6B-22. Use of dealer plates--Transfer of plates--Violation as misdemeanor.
Any new vehicle or used vehicle owned by a licensed dealer, bearing a dealer's 77 license plate issued pursuant to §32-6B-21, may be driven on the streets and highways of this state for any purpose. However, the dealer 77 license plate may not be used on any vehicle used for lease or hire or used as a wrecker or service truck. The dealer 77 license plate is transferable by the dealer from one vehicle owned by the dealer to another vehicle owned by the dealer. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1986, ch 250, §23; SL 1995, ch 176; SL 2019, ch 130, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-22.1 - Commercial motor vehicles licensed to dealers--Dealer 88 license plates--Return of plates--Violation as misdemeanor.

32-6B-22.1. Commercial motor vehicles licensed to dealers--Dealer 88 license plates--Return of plates--Violation as misdemeanor.
The department shall issue metal numerical license plates to licensed vehicle dealers upon application and payment of the gross weight tonnage fees pursuant to §32-9-15 at the time of annual renewal for each set desired. The license plates shall be numbered consecutively and shall bear as a prefix the number 88. If a dealer's license is revoked or canceled or the dealer goes out of business, the 88 plates shall be returned to the department. If any motor vehicle is operated with 88 plates after the dealer license is revoked or canceled or after the dealer goes out of business, or if the dealer refuses to return the plates, the dealer is guilty of a Class 2 misdemeanor.
Source:
SL 2004, ch 208, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-22.2 - Use of dealer 88 license plates--Transfer of plates.

32-6B-22.2. Use of dealer 88 license platesBTransfer of plates.
Any vehicle owned by a licensed new or used vehicle dealer that is being used to transport any inventory replacement vehicle bearing an 88 license plate issued pursuant to §32-6B-22.1 may be operated on the streets and highways of this state as a motor carrier if the provisions of this section are met. The dealer 88 license plate is transferable by the dealer from one vehicle owned by the dealer to another vehicle owned by the dealer. However, no dealer 88 license plate may be used on a vehicle for lease or hire, or on a wrecker or service truck.
Source:
SL 2004, ch 208, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-23 - Issuance of motorcycle dealer and trailer dealer plates--Numbering--Display and use--Fees.

32-6B-23. Issuance of motorcycle dealer and trailer dealer plates--Numbering--Display and use--Fees.
The department shall issue to any motorcycle dealer and trailer dealer licensed pursuant to this chapter metal number plates bearing a prefix of the letter "D" and containing a distinguishing identification number of the licensee. The dealer shall make application to the department for the plates and pay a fee of twenty-four dollars for each plate. One license plate shall be displayed on the rear of any motorcycle, or trailer, semitrailer, or travel trailer, owned by the dealer while traveling on a public highway. Any vehicle owned by the licensed dealer and bearing the dealers' metal plate may be operated on the streets and highways of this state for any purpose, including demonstration by a prospective buyer. All money collected pursuant to this section shall be distributed in the manner specified in §32-11-2 and §§32-11-4.1 to 32-11-9, inclusive.
Source:
SL 1986, ch 250, §24; SL 1996, ch 197, §1; SL 2011, ch 139, §7; SL 2011, ch 139, §17, eff. July 1, 2013; SL 2015, ch 165, §18, eff. Apr. 1, 2015.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-24 - Repossession of dealer plates.

32-6B-24. Repossession of dealer plates.
Any dealers' metal plates issued pursuant to §32-6B-21 or 32-6B-23, remain the property of the state and may be repossessed by the state in the event of a violation of any of the provisions of this chapter.
Source:
SL 1986, ch 250, §25.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-25 - Use of vehicles bearing dealer's demonstration or in-transit permits--Time limitation--Issuance of permits for unauthorized purposes prohibited--Violation as misdemeanor.

32-6B-25. Use of vehicles bearing dealer's demonstration or in-transit permits--Time limitation--Issuance of permits for unauthorized purposes prohibited--Violation as misdemeanor.
Any new or used vehicle owned by a licensed dealer, bearing dealers' demonstration or in-transit permits, may be driven upon the streets and highways of this state for demonstration or in-transit purposes and for travel to and from a service facility, such as a repair shop, detail shop, gas station, or car wash. Such vehicles may be driven upon the streets and highways for demonstration purposes by any prospective buyer for a period of three days. No dealer nor any dealer's representative may issue a dealers' demonstration or in-transit permit to any vehicle for any other purpose. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1986, ch 250, §26; SL 1990, ch 243; SL 2006, ch 163, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-26 - Temporary license permit--Provision by dealer.

32-6B-26. Temporary license permit--Provision by dealer.
In the case of a vehicle which is sold by a licensed dealer, the dealer may provide a temporary forty-five day license permit. The permit authorizes the operation of the vehicle upon the highways of this state for a period of forty-five days after the date of sale or until the time the purchaser receives his regular license plates from the county treasurer, whichever comes first.
Source:
SL 1986, ch 250, §27; SL 1990, ch 228, §4; SL 2015, ch 156, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-27 - Location of temporary license permit.

32-6B-27. Location of temporary license permit.
A temporary forty-five day license permit shall be affixed to the inside windows, to the front at the lower right-hand corner of the windshield, and to the rear on the lower left-hand corner of the rear window or to the lower rear portion of the left rear window. In the case of motorcycles or trailers, the permit shall be affixed in the manner provided for metal number plates.
Source:
SL 1986, ch 250, §28; SL 1990, ch 228, §5; SL 2015, ch 156, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-28 - Time for application for registration by owner--Inspection of documents by law enforcement officer.

32-6B-28. Time for application for registration by owner--Inspection of documents by law enforcement officer.
The owner of a vehicle described in §32-6B-26, shall within forty-five days after the date of purchase, apply to the county treasurer of the owner's county of residence for registration and shall possess a bill of sale, or duplicate thereof, or a properly assigned registration card, which is subject at all times to inspection by a law enforcement officer.
Source:
SL 1986, ch 250, §29; SL 1990, ch 228, §6; SL 2015, ch 156, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-29 - Restrictions on dealer use of temporary license permits--Renewal prohibited--Violation as misdemeanor.

32-6B-29. Restrictions on dealer use of temporary license permits--Renewal prohibited--Violation as misdemeanor.
No dealer may use the temporary license permits provided for pursuant to the provisions of §32-6B-26, upon any vehicle owned by the dealer or for any purpose other than for vehicles sold by the dealer. No person may renew the temporary license permit. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1986, ch 250, §30; SL 1990, ch 228, §7; SL 2015, ch 156, §15; SL 2015, ch 159, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-30 - Design of dealers' demonstration, in-transit and temporary license permits--Information required--Source of permits.

32-6B-30. Design of dealers' demonstration, in-transit and temporary license permits--Information required--Source of permits.
The department shall prescribe, by rule, the size, color, material, and design of dealers' demonstration, in-transit, and temporary forty-five day license permits to be used by dealers licensed under this chapter. Every temporary forty-five day license permit, or dealers' demonstration, or in-transit permit, authorized by this chapter shall show the dealer's license number, which shall be of the dimensions prescribed by the department and shall have a space in which the dealer shall enter in ink the date upon which the vehicle was delivered to the purchaser and other information as the department considers necessary. Any dealer may obtain his required supply of dealers' demonstration or in-transit permits from his own source, but the permit shall conform to the requirements of the department.
Source:
SL 1986, ch 250, §31; SL 1990, ch 228, §8; SL 2015, ch 156, §16.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-34 - Dealer's car auction agency--Defined--Applicability of chapter--Additional provisions.

32-6B-34. Dealer's car auction agency--Defined--Applicability of chapter--Additional provisions.
For the purposes of §§32-6B-35 to 32-6B-37, inclusive, a dealer's car auction agency includes any person, firm, limited liability company, corporation, or association engaged in an auction, as defined by chapter 59-8, of vehicles. The sales shall involve only vehicles owned by dealers and sold to dealers. The provisions of this chapter apply to dealers' car auction agencies and the license issued is subject to the additional provisions set forth in §§32-6B-35 to 32-6B-37, inclusive.
Source:
SL 1986, ch 250, §35; SL 1994, ch 351, §54.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-35 - Dealer's car auction agency--Bond requirements--Dealer's right of action--Liability of surety.

32-6B-35. Dealer's car auction agency--Bond requirements--Dealer's right of action--Liability of surety.
Each auction agency shall, before conducting any auction sale, file with the department, a bond in the amount of fifty thousand dollars to the State of South Dakota, with a corporate surety authorized to do business in this state, and conditioned to pay all losses, damages, and expenses of any dealer which may be experienced by the failure of the title to or by any fraud, misrepresentation, or breaches of warranty as to freedom from liens of any vehicle which is sold by such agency. Each auction agency shall keep the bond in effect at all times, and any dealer damaged by the breach thereof shall have a right of action in his own name. The aggregate liability of the surety for all breaches of the conditions of the bond may not exceed the amount of such bond.
Source:
SL 1986, ch 250, §36.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-35.1 - Dealer's car auction agency--Announcement at sale when title denotes any brand or damage--Return of vehicle.

32-6B-35.1. Dealer's car auction agency--Announcement at sale when title denotes any brand or damage--Return of vehicle.
If any motor vehicle has a title that has been marked by this state or another state or jurisdiction denoting any brand or damage and that motor vehicle is offered for sale by a dealer's car auction agency, the auction agency shall announce at the time of the sale that such brand or damage notation is listed on the title. If the auction agency fails to comply with this section, the purchaser of the motor vehicle may return the motor vehicle to the auction agency within ten days after receiving the title, and the auction agency shall make a full refund to the purchaser.
Source:
SL 2004, ch 209, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-36 - Dealer's car auction agency--Vehicles acceptable for sale--Permitted purchasers--Unauthorized sale a misdemeanor.

32-6B-36. Dealer's car auction agency--Vehicles acceptable for sale--Permitted purchasers--Unauthorized sale a misdemeanor.
Any auction agency operating under the provisions of this chapter may accept for sale at its option vehicles which are owned by vehicle dealers regularly licensed in either this or some other state, or by the following entities if the vehicle is owned and titled by the entity and acquired incident to its regular business:
(1)Any regulated lender as defined in §54-3-14 or any financing institution licensed pursuant to chapter 54-4;
(2)Any financial institution chartered or licensed in any other jurisdiction. However, such entity is not required to have a title in its name if the entity provides a title in the name of the customer and documentation as required by the department to substantiate a repossession transaction; or
(3)Any insurance company authorized to do business in either this state or some other state.
An auction agency may also accept from any manufacturer any vehicle that is owned by the manufacturer and that has a manufacturer's certificate of origin or a valid title. Any vehicle with a manufacturer's certificate of origin sold for a manufacturer may only be offered to the manufacturer's franchised dealers with the same line vehicle make.
Any vehicle dealer, regularly licensed by this or some other state, may purchase any vehicle from an auction agency, except as otherwise prohibited by this section. Any auction agency that accepts for sale any vehicle not authorized by this section is guilty of a Class 1 misdemeanor.
Source:
SL 1986, ch 250, §37; SL 1997, ch 184, §1; SL 2001, ch 168, §1; SL 2007, ch 177, §1; SL 2015, ch 157, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-36.1 - Dealer's car auction agency--Government-owned vehicles.

32-6B-36.1. Dealer's car auction agency--Government-owned vehicles.
Notwithstanding §§32-6B-34 and 32-6B-36, any auction agency may accept for sale at its option vehicles which are owned by any governmental entity. Any member of the public may purchase those vehicles. The auction agency shall ensure that vehicles held and sold pursuant to this section are marked as separate and are physically separated from vehicles held and sold pursuant to §§ 32-6B-34 and 32-6B-36. Vehicles to be sold pursuant to this section shall be easily identifiable as being separate from vehicles to be sold pursuant to §§ 32-6B-34 and 32-6B-36. Upon request, the auction agency shall provide the department a site plan that shows the separation of vehicles to be sold pursuant to this section from vehicles to be sold pursuant to §§ 32-6B-34 and 32-6B-36.
Source:
SL 1997, ch 185, §1; SL 2021, ch 133, § 1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-36.3 - Issuance of auction agency plates--Numbering--Fees--Return of plates--Misdemeanor.

32-6B-36.3. Issuance of auction agency plates--Numbering--Fees--Return of plates--Misdemeanor.
The department shall issue metal numerical license plates to an auction agency upon application and payment of a one hundred one dollar yearly fee to be paid at the time of the annual review date for each set desired. Such fees shall be distributed in the manner specified in §§32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number "99." The plates may be issued for a multiple year period. If an auction agency's license is revoked or canceled or the auction agency goes out of business, the "99" plates shall be returned to the department. If any person operates a motor vehicle with "99" plates after the auction agency's license is revoked or canceled or after the auction agency goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor.
Source:
SL 2002, ch 152, §1; SL 2003, ch 167, §1; SL 2011, ch 139, §8; SL 2011, ch 139, §18, eff. July 1, 2013; SL 2015, ch 165, §19, eff. Apr. 1, 2015.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-36.4 - Use of agency plates--Transfer of plates--Violation as misdemeanor.

32-6B-36.4. Use of agency plates--Transfer of plates--Violation as misdemeanor.
Any vehicle being transported to or from the auction agency's place of business bearing a "99" license plate issued pursuant to §32-6B-36.3 may be driven on the streets and highways of this state for the purpose of transporting a vehicle that will be sold or has been sold by the auction agency. The "99" license plate is transferable by the auction agency from one vehicle to another vehicle for transporting purposes. A violation of this section is a Class 2 misdemeanor.
Source:
SL 2002, ch 152, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-37 - Dealer's car auction agency--Records required.

32-6B-37. Dealer's car auction agency--Records required.
Every auction agency shall keep such books, records, and files as prescribed by the department. A record shall be kept of every vehicle offered for sale by or through the agency, including the serial or identification numbers, odometer information, and a description of the vehicle and the name, address, and license number of the vehicle dealer who owns the vehicle. If the vehicle is sold, the name, address, and license number of the vehicle dealer purchasing the vehicle and the price for which it is sold shall be recorded and maintained.
Source:
SL 1986, ch 250, §38; SL 1991, ch 244.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-37.1 - Public auction to keep records--Inspection by dealer appointed inspectors.

32-6B-37.1. Public auction to keep records--Inspection by dealer appointed inspectors.
Every public auction shall keep such books, records, and files as prescribed by the department. A record shall be kept of every vehicle offered for sale by or through the public auction, including the serial or vehicle identification number and a description of the vehicle and the name and address of the motor vehicle owner. If the vehicle is sold, the name and address of the person purchasing the motor vehicle and the price for which it is sold shall be recorded and maintained. Dealer inspectors appointed pursuant to §32-6B-38 may inspect the books, records, or files required by the department or this section.
Source:
SL 1997, ch 182, §15.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-38 - Appointment of inspectors--Entry authorized--Complaints.

32-6B-38. Appointment of inspectors--Entry authorized--Complaints.
The department may appoint dealer inspectors to enforce the provisions of this chapter. The inspectors may enter both publicly owned and privately owned property and sign complaints against persons found in violation of this chapter.
Source:
SL 1986, ch 250, §39.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-39 - Investigation of dealers--Authorized.

32-6B-39. Investigation of dealers--Authorized.
The department may investigate any dealer licensed under this chapter for the purpose of ascertaining any violation of this chapter or chapters 32-3 to 32-5, inclusive. The investigation shall include an inspection of the principal place of business, supplemental lots, and any books, records, or files required by the department. An examination of titles and vehicles owned or offered for sale by the dealer shall also be conducted.
Source:
SL 1986, ch 250, §40; SL 2005, ch 160, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-41 - Grounds for denial of license or application of provisions of §§.1 to .6, inclusive.

32-6B-41. Grounds for denial of license or application of provisions of §§32-6B-41.1 to 32-6B-41.6, inclusive.
The department may deny any application or apply the provisions of §§32-6B-41.1 to 32-6B-41.6, inclusive, on any license issued under the provisions of this chapter, for any of the following:
(1)Commission of fraud or willful misrepresentation in the application for or in obtaining a license;
(2)Conviction of a felony involving vehicle theft or odometer fraud in the last five years;
(3)A violation of any law of this state which relates to dealing in vehicles;
(4)Failure to comply with any administrative rule promulgated by the department;
(5)Perpetration of a fraud upon any person as a result of dealing in vehicles;
(6)Failure to apply for transfers of title as required in chapter 32-3;
(7)Failure to allow department inspections, including initial and annual inspections, complaint investigations, and necessary follow-up inspections;
(8)Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of vehicles which a dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of vehicles;
(9)Refusal to comply with a licensee's responsibility under the terms of the new vehicle warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;
(10)Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a vehicle;
(11)Inability to obtain or renew surety bond or to participate in a dealer asset pool;
(12)Failure to maintain and continuously occupy a principal place of business; or
(13)Failure to obtain or renew a public liability insurance policy of not less than three hundred thousand dollars, if the dealer has been given thirty days written notice to comply.
Source:
SL 1986, ch 250, §42; SL 1989, ch 256, §5; SL 1990, ch 239, §3; SL 1990, ch 242, §2; SL 1991, ch 245; SL 2005, ch 162, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-41.1 - Cease and desist order for specified violations--Period of effectiveness.

32-6B-41.1. Cease and desist order for specified violations--Period of effectiveness.
In addition to any other remedy provided by law, the secretary of revenue may issue an order directing a vehicle dealer or public auction to cease and desist from engaging in any act or practice enumerated in §32-6B-41. A cease and desist order issued pursuant to this section is effective for a period of two years.
Source:
SL 2005, ch 162, §1; SL 2008, ch 156, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2020, ch 139, § 1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-41.2 - Cease and desist order--Request for hearing--Procedure.

32-6B-41.2. Cease and desist order--Request for hearing--Procedure.
Within twenty days after service of the order to cease and desist, the vehicle dealer or public auction may request a hearing in writing on the question of whether acts or practices in violation of this title have occurred. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26.
Source:
SL 2005, ch 162, §2; SL 2020, ch 139, § 2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-41.3 - Finality of cease and desist order.

32-6B-41.3. Finality of cease and desist order.
A cease and desist order pursuant to §32-6B-41.1 becomes final upon expiration of the time allowed for appeals from the secretary's order if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.
Source:
SL 2005, ch 162, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-41.4 - Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.

32-6B-41.4. Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.
If a dealer fails to comply with a cease and desist order issued pursuant to §32-6B-41.1, the secretary may issue an order which:
(1)Imposes a monetary penalty on the dealer of five hundred dollars for each violation of the cease and desist order;
(2)Suspends dealer's license for not more than thirty days; or
(3)Revokes the dealer's license.
All monetary penalties collected pursuant to this section shall be deposited into the state motor vehicle fund.
Source:
SL 2005, ch 162, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06B - Regulation Of Vehicle Dealers › Section 32-6B-41.5 - Contest of order--Procedure.

32-6B-41.5. Contest of order--Procedure.
A dealer or public auction may request a hearing to contest an order issued pursuant to §32-6B-41.4 or 32-6B-41.7. The request shall be submitted to the secretary in writing within twenty days after service of the order. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26.
Source:
SL 2005, ch 162, §5; SL 2020, ch 139, § 4.