21.125.12 96th Legislative Session 793

2021 South Dakota Legislature

Senate Bill 82

SENATE TRANSPORTATION ENGROSSED

Introduced by: Senator Duvall

An Act to revise certain regulations pertaining to dealers of motor vehicles, boats, snowmobiles, or manufactured homes and mobile homes.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

32-1-7. Dealer information available to public.

Information regarding dealers licensed pursuant to chapters 32-6B, 32-6C, 32-7A, and 32-7B shall be made available to the public by the department. The information shall include the dealership name, physical address, mailing address, telephone number, dealer license number, and the type of dealer license.

Section 2. That § 32-3-30.2 be AMENDED.

32-3-30.2. Abstract of title history or damage disclosure statements--Fee.

The department may, upon written request and payment of a five dollar fee, furnish a person a certified an abstract of the title history which shall include the of any motor vehicle, semitrailer, or boat registered pursuant to this title including any damage disclosure statements statement of any motor vehicle, trailer, or semitrailer registered under the provisions of this chapter the motor vehicle, semitrailer, or boat. The abstract may include all documents filed with the department to establish the title history of the vehicle, semitrailer, or boat. The fee shall be deposited in the state motor vehicle fund. Governmental entities and their subdivisions are exempt from this fee requirement.

Section 3. That § 32-3A-28 be AMENDED.

32-3A-28. Dealer record of large boats--Inspection by Department of Revenue.

A dealer shall maintain for three five years a record of any large boat bought, sold, exchanged, or received for sale or exchange. This record The dealer shall be open to inspection by allow department representatives to inspect the record during reasonable business hours.

Section 4. That § 32-3A-59 be AMENDED.

32-3A-59. Seller's books and records--Availability--Retention.

Any seller of a large boat shall, on demand by the secretary of revenue, make available all books, records, and memoranda which that relate to the sale of a large boat. The secretary, in the event of any failure or refusal to produce such records, may conduct an audit of the books and records of any seller of a large boat dealer failing or refusing to produce such records. All books, records, and memoranda which relate to the sale of a large boat shall be retained by the seller for three five years.

Section 5. That § 32-5-90.1 be AMENDED.

32-5-90.1. Abstract of registration information--Fee.

The department may, upon written request and payment of a two‑dollar fee, furnish a person a certified an abstract regarding of the registration information of any motor vehicle, trailer, or semitrailer registered under the provisions of this chapter motor vehicle, semitrailer, or boat registered pursuant to this title. The fee shall be deposited in the state motor vehicle fund. Governmental entities and their subdivisions are exempt from this fee requirement.

Section 6. That § 32-6B-68 be REPEALED.

32-6B-68. Sale of lists of dealers authorized--Fees.

Section 7. That § 32-6C-6 be AMENDED.

32-6C-6. Books, records, and files to be kept--Inspection.

Any A dealer licensed under the provisions of this chapter, shall keep books, records, or files, for five years in such the form as prescribed or approved by the department, including and include the following in the dealer's books, records, or files:

(1) A record of the purchase, sale, or exchange, of any snowmobile;

(2) A description of each snowmobile purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the snowmobile was purchased or received and to whom it was sold or delivered. The description shall must include the snowmobile identification number and manufacturer's make and model; and

(3) A certificate of title from the previous owner of any snowmobile not purchased from the manufacturer, from the time the snowmobile is delivered to the dealer until it has been disposed of by the dealer.

The books and , records, and other papers and documents files shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue.

Section 8. That § 32-7A-12 be AMENDED.

32-7A-12. Books, records, and files kept by licensees.

Any A dealer or manufacturer licensed under the provisions of this chapter, shall keep books, records, or files, for five years in such the form as may be prescribed by the Department of Revenue, including 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 shall 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 and , records, and other papers and documents files shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.