reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-12 - Hearing on objection to notice--Franchisor's burden of proof.

32-6E-12. Hearing on objection to notice--Franchisor's burden of proof.
Upon a hearing conducted pursuant to the provisions of chapter 1-26, the franchisor has the burden of proof to establish that cause exists to terminate or not continue the franchise or to enter into a franchise establishing an additional dealership.
Source:
SL 1994, ch 248, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-13 - Hearing to determine change in circumstances sufficient to support dealership.

32-6E-13. Hearing to determine change in circumstances sufficient to support dealership.
If a franchisor is permitted to terminate or not to continue a franchise and is further permitted not to enter into a franchise for the line/make in the community, no franchise may be entered into for the sale of snowmobiles of that line/make in the community, unless the franchisor has first established, in a hearing held under the provisions of chapter 1-26, that there has been a change of circumstances so that the community at that time can be reasonably expected to support the dealership.
Source:
SL 1994, ch 248, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 06E - Regulation Of Snowmobile Franchising Agreements › Section 32-6E-14 - Violation of chapter.

32-6E-14. Violation of chapter.
If a franchisor enters into or attempts to enter into a franchise, whether upon termination or refusal to continue another franchise or upon the establishment of an additional new snowmobile dealership in a community where the same line/make is already represented, without first complying with the provisions of this chapter, no dealer's license may be issued to that franchisee or proposed franchisee to engage in the business of selling new snowmobiles, manufactured or distributed by that franchisor.
Source:
SL 1994, ch 248, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-1 - Definitions.

32-7A-1. Definitions.
Terms used in this chapter mean:
(1)"Auxiliary lot," a physically separate location, such as a mobile home park, manufactured housing rental community, manufactured housing subdivision, or any residential lot, where a licensed dealer displays manufactured homes or mobile homes.
(2)"Dealer," any person, other than a manufacturer of a mobile home or a manufactured home, who, for a commission or with the intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale, or makes an exchange of a mobile or manufactured home or who is engaged in the business of selling mobile or manufactured homes;
(3)"Department," the Department of Revenue;
(4)"Manufactured home," a structure, transportable in one or more sections, which is eight feet or more in width or forty feet or more in length in the traveling mode, or is three hundred twenty or more square feet when erected on a site; which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities; and which contains in it the plumbing, heating, air conditioning and electrical systems. The term includes any structure which has been certified by the secretary of housing and urban development as having complied with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended and in effect on January 1, 1984;
(5)"Mobile home," a movable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:
(a)Units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity; and
(b)Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing;
(6)"Supplemental lot," a physically separate location owned and maintained by a licensed dealer within the same county as the principal place of business;
(7)"Temporary supplemental lot," a location other than the principal place of business or supplemental lot where a licensed dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center promotions or tent sales. Such temporary supplemental lots shall meet all local zoning and building codes for the type of business being conducted.
Source:
SL 1984, ch 223, §1; SL 1986, ch 251, §1; SL 1998, ch 183, §1; SL 2004, ch 17, §97; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2014, ch 137, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-2 - Established place of business.

32-7A-2. Established place of business.
For the purposes of this chapter, a principal place of business is an enclosed building or structure either owned in fee or leased, at which a permanent business of bartering, trading, and selling of mobile homes or manufactured homes is carried on. The place of business may not be a tent, temporary stand, or other temporary quarters, nor permanent quarters occupied pursuant to any temporary arrangement. However, a principal place of business may be a mobile home or manufactured home that has been properly mounted either on a permanent foundation or properly anchored and blocked. A licensee may use unimproved lots and premises for sale, storage, and display of mobile homes and manufactured homes. A licensee may use a residence located within or adjacent to his mobile home park or a manufactured home park as a principal place of business, unless prohibited by local zoning.
Source:
SL 1984, ch 223, §2; SL 1986, ch 251, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-3 - License required--Exceptions--Violation as misdemeanor.

32-7A-3. License required--Exceptions--Violation as misdemeanor.
No person may engage in the business, either exclusively or in addition to any other occupation, of selling or manufacturing mobile homes or manufactured homes, new or used, or shall offer to sell, solicit, or advertise the sale of mobile homes or manufactured homes, new or used, without first having acquired a license to do so. Any violation of this section is a Class 2 misdemeanor. Any subsequent violation that occurs within two years from any violation of this section is a Class 1 misdemeanor. The licensing requirements of this section do not apply to any regulated lenders as that term is defined in §54-3-14, any insurance company authorized to do business in this state, or any financing institution as defined in and licensed pursuant to chapter 54-4 that acquires mobile homes or manufactured homes as an incident to its regular business.
Source:
SL 1984, ch 223, §3; SL 1986, ch 251, §3; SL 2014, ch 137, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-3.1 - Supplemental license for auxiliary or supplemental lots--Exemption for temporary locations.

32-7A-3.1. Supplemental license for auxiliary or supplemental lots--Exemption for temporary locations.
Any person licensed under this chapter, who sells manufactured homes or mobile homes 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. Any supplemental lot shall be located within the county of the principal place of business of the licensee and shall meet local zoning codes or ordinances. Any manufactured home or mobile home located on an auxiliary lot shall meet local zoning codes or ordinances. Any auxiliary lot may be located outside of the county of principal place of business of the licensee. No supplemental license is required if one or more licensed dealers wish to display their manufactured homes or mobile homes at a temporary location as identified in §32-7A-3.2.
Source:
SL 1986, ch 251, §4; SL 1998, ch 183, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-3.2 - Temporary locations for certain purposes--Time limit--Zoning and building requirements.

32-7A-3.2. Temporary locations for certain purposes--Time limit--Zoning and building requirements.
A licensed dealer may use a location other than the principal place of business or supplemental lots where he may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, farm and home shows, auctions, shopping center promotions, or tent sales. Such locations shall meet all local zoning and building codes for the type of business being conducted.
Source:
SL 1986, ch 251, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-4.1 - Application required--Contents.

32-7A-4.1. Application required--Contents.
Any person selling manufactured homes or mobile homes pursuant to the requirements of this chapter shall file with the department, upon forms provided by the department, an application including the following information:
(1)The name and address of the applicant;
(2)The name of the 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 limited liability company, 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 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;
(6)A consent to allow periodic inspections of the dealership by the department;
(7)A description of the principal place of business and any supplemental lots;
(8)A statement that the applicant is either franchised by a manufacturer of manufactured homes or mobile homes, in which case the brand name of each home that the applicant is franchised to sell shall be included, or is a used manufactured home or mobile home dealer;
(9)The applicant's qualifications and business history, including whether the applicant, or any director, officer, member, limited or general partner, controlling shareholder, or affiliate has ever been adjudged bankrupt or insolvent, or has any unsatisfied court judgments outstanding against them;
(10)If the applicant, or any director, officer, member, limited or general partner, controlling shareholder, or affiliate, has been convicted of a crime within the previous ten years that either related directly to the business for which the license is sought or involved fraud, misrepresentation, or misuse of funds, or has suffered a judgment in a civil action involving fraud, misrepresentation or conversion within the previous five years or has had any government issued license or permit suspended or revoked as a result of an action brought by federal or state governmental agency in this or any other state within the last five years;
(11)Such other information as the department may require; and
(12)Verification as to the accuracy of the information provided by the applicant.
Source:
SL 1986, ch 251, §7; SL 2014, ch 139, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-4.2 - Grounds for denial of license or application of §§32-7A-4.3 to 32-7A-4.8.

32-7A-4.2. Grounds for denial of license or application of §§32-7A-4.3 to 32-7A-4.8.
The department may deny any application or apply the provisions of §§32-7A-4.3 to 32-7A-4.8, 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)A previous manufacturer or dealer license revocation in this or any other state;
(3)A violation of any law of this state which relates to dealing in manufactured homes or mobile homes;
(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 manufactured homes or mobile homes;
(6)Failure to allow department inspections, including initial and annual inspections, complaint investigations and necessary follow-up inspections;
(7)Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of manufactured homes or mobile homes 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 manufactured homes or mobile homes;
(8)Refusal to comply with a licensee's responsibility under the terms of the new manufactured home or mobile home warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;
(9)Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a manufactured home or mobile home;
(10)Violation by the dealer of any applicable manufactured home building or safety code;
(11)Failure to continuously occupy a principal place of business licensed under §32-7A-2;
(12)Failure to deliver the manufacturer's statement of origin to the county treasurer or the certificate of title to a person entitled to it within forty-five days after date of delivery;
(13)Conviction within the previous five years, of a crime that related directly to the business of the dealer or manufacturer involving fraud, misrepresentation or misuse of funds;
(14)Inability to obtain or renew a surety bond; or
(15)Misuse of the dealers' metal plates and lending for use on mobile homes or manufactured homes not owned by the manufacturer or dealer.
Source:
SL 1986, ch 251, §8; SL 1999, ch 45, §6; SL 2002, ch 148, §6; SL 2005, ch 162, §27; SL 2016, ch 154, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-4.3 - Cease and desist order for specified violations--Period of effectiveness.

32-7A-4.3. 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 dealer to cease and desist from engaging in any act or practice enumerated in §32-7A-4.2. A cease and desist order issued pursuant to this section is effective for a period of two years.
Source:
SL 2005, ch 162, §21; SL 2008, ch 156, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-4.4 - Hearing on question of whether violations occurred--Procedures.

32-7A-4.4. Hearing on question of whether violations occurred--Procedures.
Within twenty days after service of the order to cease and desist, the dealer may request a hearing in writing on the question of whether acts or practices in violation of this title have occurred. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26.
Source:
SL 2005, ch 162, §22.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-4.5 - Finality of cease and desist order.

32-7A-4.5. Finality of cease and desist order.
A cease and desist order pursuant to §32-7A-4.3 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, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-4.6 - Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.

32-7A-4.6. 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 §32-7A-4.3, 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, §24.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-4.7 - Hearing to contest order to pay fine or suspend or revoke license--Procedures.

32-7A-4.7. Hearing to contest order to pay fine or suspend or revoke license--Procedures.
A dealer may request a hearing to contest an order issued pursuant to §32-7A-4.6. 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, §25.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-4.8 - Finality of order to pay fine or suspend or revoke license.

32-7A-4.8. Finality of order to pay fine or suspend or revoke license.
An order issued pursuant to §32-7A-4.6 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, §26.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-5 - Bond required for license.

32-7A-5. Bond required for license.
No license as provided in §32-7A-3 may be issued to anyone, until the applicant executes a bond issued by a company licensed to do business in this state, as surety in the amount of twenty-five thousand dollars. The bond shall be payable to the Department of Revenue for the use and benefit of any purchaser or holder of lien to pay any loss, damages, and expenses resulting from the failure of any title for any fraudulent misrepresentation or breach of warranty as to freedom from a lien. If any claim is made to the department against such 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 1984, ch 223, §5; SL 2004, ch 17, §98; SL 2004, ch 207, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-5.1 - Notice to surety company of denial, suspension, or revocation of license.

32-7A-5.1. Notice to surety company of denial, suspension, or revocation of license.
The department shall, upon denial, suspension, or revocation of any license, notify the surety company of the licensee, in writing, that the license has been denied, suspended, or revoked and shall state the reason for such denial, suspension, or revocation.
Source:
SL 1986, ch 251, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-6 - Separate licenses for places of business in different counties.

32-7A-6. Separate licenses for places of business in different counties.
If the applicant for a license under this chapter desires to set up a place of business, as defined in §32-7A-2, in more than one county in this state, the applicant shall secure a separate license for each county. No license for an additional county may be issued until the Department of Revenue has been furnished proof that the applicant has a place of business as defined in §32-7A-2, in the additional county and has such a license in the initial county. This section does not prohibit a licensed dealer from setting up any auxiliary lot as defined in §32-7A-1.
Source:
SL 1984, ch 223, §6; SL 1998, ch 183, §3; SL 2004, ch 17, §99; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-7 - Fee for license--Renewal.

32-7A-7. Fee for license--Renewal.
The license fee for a dealer or manufacturer of mobile homes or manufactured homes is three hundred dollars and the annual license renewal fee is one hundred fifty dollars. An applicant shall pay the license fees to the department at the time an application for license is made. The license is for a year, unless it is revoked for cause.
Source:
SL 1984, ch 223, §7; SL 1987, ch 215, §14; SL 2008, ch 155, §3; SL 2013, ch 141, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-8 - Disposition of fees.

32-7A-8. Disposition of fees.
The fees collected under the provisions of this chapter shall be deposited in the state motor vehicle fund.
Source:
SL 1984, ch 30, §§47, 48; SL 1984, ch 223, §8; SL 2004, ch 17, §100; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2013, ch 141, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-8.1 - Increase in dealer bond amount--Implementation.

32-7A-8.1. Increase in dealer bond amount--Implementation.
To implement any increase in the amount of a dealer bond, a dealer, upon renewal of a bond or upon annual renewal of a dealer license, whichever comes first, shall deliver to the department an original bond or a bond rider that is issued by the surety company showing the new bond amount.
Source:
SL 2004, ch 207, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-9 - Time for grant or denial of license--Issuance of certificate--Form.

32-7A-9. Time for grant or denial of license--Issuance of certificate--Form.
The Department of Revenue shall grant or deny the application for a license under this chapter within thirty days after the filing of the application. If the application is granted, the department shall license the applicant as a mobile home and manufactured home dealer or manufacturer for the remainder of the calendar year. Moreover, the department shall design and issue a certificate of license containing a distinguishing number of identification for the dealer or manufacturer.
Source:
SL 1984, ch 223, §9; SL 2004, ch 17, §101; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-10 - Dealers' plates--Issuance--Use--Fees.

32-7A-10. Dealers' plates--Issuance--Use--Fees.
The Department of Revenue shall issue to any mobile home and manufactured home dealer or manufacturer licensed as provided in this chapter, metal number plates displaying a general distinguishing number. The dealer or manufacturer shall make application to the department for the plates and pay a fee of ten dollars for each plate. One such plate shall be displayed on the rear of each mobile home or manufactured home while being transported on a public highway.
Source:
SL 1984, ch 223, §10; SL 1996, ch 197, §2; SL 2004, ch 17, §102; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-10.1 - Mailing fees.

32-7A-10.1. Mailing fees.
In addition to the license fees assessed in §32-7A-10, the department shall collect from the dealer one dollar and fifty cents per decal or seven dollars and fifty cents per license plate 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, §3; SL 2023, ch 98, §5, eff. Mar. 14, 2023.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-11 - Transportation of manufactured and mobile homes owned by dealer.

32-7A-11. Transportation of manufactured and mobile homes owned by dealer.
New and used mobile homes and manufactured homes owned by a dealer may be transported upon the streets and highways to the dealer's place of business and to the purchaser of such a home and between a dealer's place of business and a supplemental lot or a temporary supplemental lot.
Source:
SL 1984, ch 223, §11; SL 1986, ch 251, §12; SL 1999, ch 45, §7; SL 2000, ch 42, §29; SL 2005, ch 71, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-12 - Books, records, and files kept by licensees.

32-7A-12. Books, records, and files kept by licensees.
A dealer or manufacturer licensed under the provisions of this chapter shall keep books, records, or files for five years in the form prescribed by the Department of Revenue, and include the following in the dealer's books, records, or files:
(1)A record of the purchase, sale, or exchange, of any mobile or manufactured home;
(2)A description of each mobile or manufactured home purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the mobile or manufactured home was purchased or received and to whom it was sold or delivered. The description must include the mobile or manufactured home identification number and manufacturer's make and model; and
(3)A certificate of title from the previous owner of any mobile or manufactured home not purchased from the manufacturer, from the time the mobile or manufactured home is delivered to the dealer until it has been disposed of by the dealer.
The books, records, and files shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue.
Source: SL 1984, ch 223, §12; SL 2004, ch 17, §103; SL 2005, ch 159, §10; SL 2011, ch 1 (Ex. Ord.
11-1
), §161, eff. Apr. 12, 2011; SL 2021, ch 130, § 8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-12.1 - Offer to sell, sale, or exchange of mobile or manufactured home without certificate of title allowed under specified circumstances.

32-7A-12.1. Offer to sell, sale, or exchange of mobile or manufactured home without certificate of title allowed under specified circumstances.
A dealer may offer for sale, sell, or exchange a mobile or manufactured home 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 mobile or manufactured home to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;
(2)If the mobile or manufactured home 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 mobile or manufactured home 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, §11.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-12.2 - Agreement that dealer will satisfy lien by paying lienholder--Trade of mobile or manufactured home or consignment agreement--Theft.

32-7A-12.2. Agreement that dealer will satisfy lien by paying lienholder--Trade of mobile or manufactured home or consignment agreement--Theft.
If a person trades in a mobile or manufactured home to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the mobile or manufactured home and the mobile or manufactured home 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, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-12.3 - Time period to satisfy lien after receipt of funds--Offering mobile or manufactured home for sale prior to tender to lienholder.

32-7A-12.3. Time period to satisfy lien after receipt of funds--Offering mobile or manufactured home for sale prior to tender to lienholder.
If a dealer enters into an agreement pursuant to §32-7A-12.2, the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the mobile or manufactured home for sale until payment has been tendered to the lienholder, except on a consigned mobile or manufactured home, whereby the dealer shall comply with the terms of the consignment agreement.
Source:
SL 2005, ch 159, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-13 - Fraud in contracts for sale, trade or purchase prohibited--Violation as misdemeanor.

32-7A-13. Fraud in contracts for sale, trade or purchase prohibited--Violation as misdemeanor.
No person may make fraudulent statements or omissions in contracts for sale, trade, or purchase of a mobile home or manufactured home. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1984, ch 223, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-14.1 - Power of secretary to make rules and require uniformity in administration of statute--Duty of local officials.

32-7A-14.1. Power of secretary to make rules and require uniformity in administration of statute--Duty of local officials.
The secretary of revenue may adopt rules and issue such instructions as may be necessary to ensure and obtain uniformity in the administration of this chapter.
All local officials charged with the administration of the provisions of such chapter are governed in their official acts by the rules promulgated by the secretary.
Source:
SDC 1939, §44.0213; SL 1982, ch 18, §9; SDCL §32-3-55; SL 2004, ch 17, §104; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-15 - Used mobile or manufactured homes--Activities authorized by dealer or real estate license--Responsibilities of real estate licensee.

32-7A-15. Used mobile or manufactured homes--Activities authorized by dealer or real estate license--Responsibilities of real estate licensee.
Any person licensed as a mobile home and manufactured home dealer under this chapter and any person licensed as a real estate salesperson or broker under chapter 36-21A, may buy, sell, offer to buy, solicit prospective purchasers of, solicit or obtain listings of, obtain listings of, or negotiate the purchase, sale or exchange of any mobile home or manufactured home which has been registered under the provisions of chapter 32-3. Any licensed real estate salesperson or broker has the same responsibilities toward warranties, guarantees and other regulations, as may be required of mobile home and manufactured home dealers by local, state or federal regulatory agencies.
Source:
SL 1984, ch 223, §15; SL 1998, ch 184, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-16 - Sales on consignment--Title requirements.

32-7A-16. Sales on consignment--Title requirements.
Any mobile home or manufactured home sold on consignment under the provisions of this chapter, shall have a saleable title from the current owner. The title shall be transferred and recorded at the time of each sale.
Source:
SL 1984, ch 223, §16.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-17 - Affidavit of taxes paid and registration of mobile home required for transfer of title--Violation as misdemeanor.

32-7A-17. Affidavit of taxes paid and registration of mobile home required for transfer of title--Violation as misdemeanor.
Any transfer or reassignment of a mobile home or manufactured home title shall be accompanied by an affidavit issued by the county treasurer of the county in which the mobile home or manufactured home is registered, stating that the taxes that are due and payable at the time of transfer have been paid in full. No title may be transferred until the taxes under §10-9-3 or 10-21-4 are paid. No transfer of title may be completed unless the mobile home or manufactured home is registered as provided in §10-9-3 or 10-4-2.6. The title or manufacturer's statement of origin shall be transferred pursuant to the provisions of §§32-3-3.1 and 32-3-27. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1984, ch 223, §10; SL 1986, ch 251, §14; SL 1993, ch 88, §2; SL 1997, ch 52, §4; SL 1999, ch 45, §5; SL 2000, ch 42, §28; SL 2015, ch 156, §18; SL 2018, ch 59, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-18 - Appointment of dealer inspectors--Entry--Complaints.

32-7A-18. Appointment of dealer inspectors--Entry--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 251, §15.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-19 - Investigation--Purpose--Inspection--Examination.

32-7A-19. Investigation--Purpose--Inspection--Examination.
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 32-7A, 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 manufactured homes or mobile homes owned or offered for sale by the dealer shall also be conducted.
Source:
SL 1986, ch 251, §16; SL 2005, ch 160, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07A - Dealers And Manufacturers Of Manufactured Homes And Mobile Homes › Section 32-7A-23 - Application for injunction--Issuance without bond.

32-7A-23. Application for injunction--Issuance without bond.
In addition to the remedies provided in this chapter, the department may make application to any circuit court of this state to grant a temporary or permanent injunction, restraining any person from acting as a manufactured home or mobile home dealer under the terms of this chapter without being properly licensed hereunder, from violating or continuing to violate any of the provisions of this chapter or chapter 32-3 or 32-5 or for failing or refusing to comply with the requirements of this chapter or chapter 32-3 or 32-5 or any rules adopted thereunder. Such injunction shall be issued without bond. A single act in violation of the provisions of this chapter or of chapter 32-3 or 32-5, is sufficient to authorize the issuance of an injunction.
Source:
SL 1986, ch 251, §18.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-1 - Boat dealer defined.

32-7B-1. Boat dealer defined.
For the purposes of this chapter, a boat dealer is any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents, or leases with option to purchase, offers or attempts to negotiate a sale or exchange of new or used boats, or who is engaged wholly or in part in the business of selling new or used boats.
Source:
SL 1998, ch 185, §1; SL 2014, ch 137, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-2 - License required--Exceptions--Violation as misdemeanor.

32-7B-2. License required--Exceptions--Violation as misdemeanor.
No person may engage in the business of selling, or may offer to sell, display, act as a broker, or advertise the sale of new or used boats, without a license as provided in this chapter. Any violation of this section is a Class 2 misdemeanor. Any subsequent violation that occurs within two years from any violation of this section is a Class 1 misdemeanor. The licensing requirements of this section do not apply to any regulated lenders as that term is defined in §54-3-14, any insurance company authorized to do business in this state, or any financing institution as defined in and licensed pursuant to chapter 54-4 that acquires new or used boats as an incident to its regular business.
Source:
SL 1998, ch 185, §2; SL 2014, ch 137, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-3 - Classification of licenses.

32-7B-3. Classification of licenses.
Any dealer's license issued under this chapter shall be of the following classification:
(1)"Boat dealer's license," to permit the licensee to engage in the business of selling or exchanging new and used boats;
(2)"Used boat dealer's license," to permit the licensee to engage in the business of selling or exchanging used boats only.
A license issued in any of the above classifications allows a boat dealer to engage in the business of selling or exchanging new and used boat trailers without a separate license or additional fee.
Source:
SL 1998, ch 185, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-4 - Application required--Contents.

32-7B-4. Application required--Contents.
Any person selling boats pursuant to the requirements of this chapter shall file with the Department of Revenue, upon forms provided by the department, an application including the following information:
(1)The name and address of the applicant;
(2)The name of the partnership, with the names and addresses of all partners;
(3)The name of the corporation or limited liability company, with the names and addresses of the principal officers or members, if the applicant is a corporation or limited liability company;
(4)The exact location of the place of business and, if owned by the applicant, when acquired. If the place of business is leased, a copy of the lease shall accompany the application;
(5)A certification that the location is the place where the applicant keeps and maintains books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;
(6)A statement that the applicant is either franchised by a manufacturer of boats, in which case the name of each boat that the applicant is franchised to sell shall be included, or is a used boat dealer, or both;
(7)A certification that neither the applicant, nor any other partner, member, or officer has been convicted of a crime involving theft or fraud in the last five years; and
(8)Such other information as the department may require.
Source:
SL 1998, ch 185, §4; SL 2004, ch 17, §105; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2014, ch 139, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-5 - Verification of application--Refusal of application.

32-7B-5. Verification of application--Refusal of application.
The department shall, in the case of every application for initial license, 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 this chapter.
Source:
SL 1998, ch 185, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-6 - Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond.

32-7B-6. Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond.
Before any license may be issued, the applicant shall deliver to the department, a surety bond in the amount of twenty thousand dollars, executed by the applicant as principal and by a surety company qualified to do business in the state as surety. If the applicant has multiple dealer licenses, one bond may cover all dealer licenses. The bond shall be of the amount to cover bonding requirements under each license. The bond shall be to the department and in favor of any customer who suffers any loss that may be occasioned by reason of the failure of title or by reason of any fraudulent misrepresentation or breach of warranty as to freedom from liens. The bond shall be for the license period, and a new bond or a proper continuation certificate shall be delivered to the department prior to the bond's expiration. Any surety company that pays a claim against the bond of a licensee shall notify the department, in writing, that it has paid such a claim and shall state the reason and the amount of the claim. Any surety company that cancels the bond of a licensee shall notify the department, in writing, of the cancellation, giving the reason for that cancellation. If a claim is made to the department against the bond, which claim is based upon a final judgment of a court of record of this state, the dealer shall execute an additional bond for the amount necessary to maintain such security at the original level.
Source:
SL 1998, ch 185, §6; SL 2004, ch 207, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-6.1 - Increase in dealer bond amount--Implementation.

32-7B-6.1. Increase in dealer bond amount--Implementation.
To implement any increase in the amount of a dealer bond, a dealer, upon renewal of a bond or upon annual renewal of a dealer license, whichever comes first, shall deliver to the department an original bond or a bond rider that is issued by the surety company showing the new bond amount.
Source:
SL 2004, ch 207, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-7 - Proof of contract or franchise.

32-7B-7. Proof of contract or franchise.
No dealer's license may be issued to a person who desires to sell or offer for sale new boats, until the applicant furnishes 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 boat or boats.
Source:
SL 1998, ch 185, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-8 - Dealer license--Fee--Renewal--Disposition of fees--Promulgation of Rules.

32-7B-8. Dealer license--Fee--Renewal--Disposition of fees--Promulgation of Rules.
The application for license and all applicable fees are due prior to the issuance of the initial license. The initial fee for a license shall be two hundred fifty dollars, and a renewal license shall be one hundred seventy-five dollars. All licenses shall be reviewed annually by the department. The department shall mail to the licensee at the last known address a renewal notice. 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. Any licensee who does not file the licensee's renewal notice and fee with the department prior to the expiration date shall cease to engage in business as a dealer on the license expiration date. All money collected pursuant to this section shall be deposited in the state motor vehicle fund.
Source:
SL 1998, ch 185, §8; SL 2008, ch 155, §4; SL 2020, ch 137, § 3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 07B - Regulation Of Boat Dealers › Section 32-7B-9 - Books, records, and files to be kept--Inspection.

32-7B-9. Books, records, and files to be kept--Inspection.
Any 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 boat;
(2)A description of each boat purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the boat was purchased or received and to whom it was sold or delivered. The description shall include the boat identification number and manufacturer's make and model; and
(3)A certificate of title from the previous owner of any boat not purchased from the manufacturer, from the time the boat 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 1998, ch 185, §9; SL 2005, ch 159, §14; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.