CHAPTER 148
(HB 1188)
Mobile and manufactured homes, penalties for moving revised.
ENTITLED, An Act to
revise certain penalties for moving or obtaining a used mobile home or
manufactured home without an affidavit from the county treasurer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
32-5-16.6
be amended to read as follows:
32-5-16.6.
If the owner of the used mobile home or manufactured home
, prior to moving the
home,
fails to obtain an affidavit from the county treasurer of the county in which the used mobile
home or manufactured home is registered, stating that the current year's taxes are paid as described
in
§
§
10-21-36 to 10-21-39, inclusive, or
§
10-9-3, the court shall assess a civil penalty
of two
hundred fifty dollars to
on
the owner. If a regulated lender, as defined in
§
54-3-14, is repossessing
a used mobile home or manufactured home and fails to obtain an affidavit
, prior to moving the
home,
from the county treasurer of the county in which the used mobile home or manufactured
home is registered, stating that the current year's taxes are paid as described in
§
§
10-21-36 to
10-21-39, inclusive, or
§
10-9-3, the court shall assess a civil penalty
of two hundred fifty dollars
to
on
the lender.
The court shall levy a civil penalty of two hundred fifty dollars for the first violation within a
one-year period, five hundred dollars for the second violation within a one-year period, and one
thousand dollars for each subsequent violation within a one-year period.
All civil penalties collected
pursuant to this section shall be deposited in the county general fund of the county in which the
used mobile home or manufactured home is registered.
The county treasurer shall notify the
Department of Revenue of any violation resulting in a civil penalty assessment for failure to obtain
a tax affidavit prior to moving a mobile or manufactured home.
Section
2.
That chapter
32-5
be amended by adding thereto a NEW SECTION to read as
follows:
If a transporter of a used mobile home or manufactured home, prior to transporting, fails to
obtain an affidavit from the county treasurer of the county in which the used mobile home or
manufactured home is registered, stating that the current year's taxes are paid as described in
§
§
10-
21-36 to 10-21-39, inclusive, or
§
10-9-3, the court shall assess a civil penalty on the transport
owner. If a manufacturer or licensed dealer, as defined in chapter 32-7A, is moving, repossessing,
trading, purchasing, or receiving onto the manufacturer's or licensed dealer's lot a used mobile home
or manufactured home and fails to obtain an affidavit from the county treasurer of the county in
which the used mobile home or manufactured home is registered, stating that the current year's
taxes are paid as described in
§
§
10-21-36 to 10-21-39, inclusive, or
§
10-9-3, the court shall assess
a civil penalty on the manufacturer or licensed dealer.
The court shall levy a civil penalty of two hundred fifty dollars for the first violation within a
one-year period, five hundred dollars for the second violation within a one-year period, and one
thousand dollars for each subsequent violation within a one-year period. All civil penalties collected
pursuant to this section shall be deposited in the county general fund of the county in which the
used mobile home or manufactured home is registered. The county treasurer shall notify the
Department of Revenue of any violation resulting in a civil penalty assessment for failure to obtain
a tax affidavit prior to moving a mobile or manufactured home.
Section
3.
For the purposes of sections 1 and 2 of this Act, if the owner, lender, licensed dealer,
or transporter are the same party the court may not assess multiple civil penalties for any one
violation.
Section
4.
That chapter
32-9
be amended by adding thereto a NEW SECTION to read as
follows:
The department may, pursuant to chapter 1-26, revoke and cancel or suspend the commercial
motor vehicle certificate which belongs to any person who the court has assessed a civil penalty
pursuant to section 2 of this Act four or more times within a one-year period.
Section
5.
That chapter
32-9
be amended by adding thereto a NEW SECTION to read as
follows:
The department may, pursuant to chapter 1-26, revoke or suspend the transporter plate issued
pursuant
§
32-9-57 which belongs to any transporter who the court has assessed a civil penalty
pursuant to section 2 of this Act four or more times within a one-year period. It is a Class 1
misdemeanor for any transporter to fail or refuse to surrender to the department upon its lawful
demand any transporter plate which has been revoked or suspended.
Section
6.
That
§
32-7A-4.2
be amended to read as follows:
32-7A-4.2.
The department may deny any application, or suspend or revoke any license issued
under the provisions of this chapter, for a violation of any of the following provisions:
(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)
Willful violation, which leads to a conviction, of any law of this state which relates to
dealing in manufactured homes or mobile homes;
(4)
Willful 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)
Willful 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)
Willful 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)
Willful 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
fifteen
thirty
days after date of
delivery;
(13)
Conviction within the previous ten 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;
(15)
Misuse of the dealers' metal plates and lending for use on mobile homes or manufactured
homes not owned by the manufacturer or dealer;
(16)
Transporting a used mobile home or manufactured home without an affidavit
, four or
more times within a one-year period
, from the county treasurer of the county in which
the mobile home or manufactured home is registered, stating that the current year's taxes
are paid
; or
(17) Having a used mobile home or manufactured home located on the licensed dealer's or
manufacturer's lot without an affidavit, four or more times within a one-year period,
from the county treasurer of the county in which the mobile home or manufactured home
is registered, stating that the current year's taxes were paid when the licensed dealer
acquired the home
.
Signed February 23, 2002.