32-6C-5.1. Sale on consignment--Contract required--Form.
Any snowmobile dealer or public auction may sell, or offer to sell, new or used snowmobiles on consignment. For the purposes of this chapter, consignment means the delivery of a snowmobile by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the snowmobile or has a right to return the snowmobile to the seller. Any snowmobile dealer or public auction who sells, or offers to sell, a South Dakota titled snowmobile or a used snowmobile titled in a bordering state on consignment shall enter into a contract with the consignor. If the snowmobile owner's state does not issue titles for the consigned snowmobile, the owner must provide a current state registration and accompanying affidavit stating that their home state does not issue titles for the snowmobile being consigned. A bill of sale, the registration, and affidavit of statement must be in the possession of the consignment selling dealer or public auction along with the proper consignment contract. The department shall prescribe the form of the contract.
Source: SL 2005, ch 163, §1; SL 2018, ch 184, §4.
Structure South Dakota Codified Laws
Chapter 06C - Regulation Of Snowmobile Dealers
Section 32-6C-1 - "Snowmobile dealer" defined.
Section 32-6C-2 - License required--Exceptions--Violation as misdemeanor.
Section 32-6C-3 - Application required--Contents.
Section 32-6C-4.1 - Increase in dealer bond amount--Implementation.
Section 32-6C-5 - Dealer license--Fee--Renewal--Disposition of fees.
Section 32-6C-5.1 - Sale on consignment--Contract required--Form.
Section 32-6C-5.2 - Sale on consignment prohibited for snowmobile without statement of origin.
Section 32-6C-6 - Books, records, and files to be kept--Inspection.
Section 32-6C-7 - Issuance of dealer plates--Fees--Disposition of fees--Numbering of plates.
Section 32-6C-7.1 - Mailing fees.
Section 32-6C-8 - Use of dealer plates--Display--Transfer of plates--Violation as misdemeanor.
Section 32-6C-11 - Dealer inspectors.
Section 32-6C-12 - Investigation of dealers.
Section 32-6C-14.1 - Cease and desist order for specified violations--Period of effectiveness.
Section 32-6C-14.2 - Hearing on question of whether violations occurred--Procedures.
Section 32-6C-14.3 - Finality of cease and desist order.
Section 32-6C-14.5 - Hearing to contest order to pay fine or suspend or revoke license--Procedures.
Section 32-6C-14.6 - Finality of order to pay fine or suspend or revoke license.
Section 32-6C-17 - Adoption of rules--Administration by local officials.