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.
Structure South Dakota Codified Laws
Chapter 07B - Regulation Of Boat Dealers
Section 32-7B-1 - Boat dealer defined.
Section 32-7B-2 - License required--Exceptions--Violation as misdemeanor.
Section 32-7B-3 - Classification of licenses.
Section 32-7B-4 - Application required--Contents.
Section 32-7B-5 - Verification of application--Refusal of application.
Section 32-7B-6.1 - Increase in dealer bond amount--Implementation.
Section 32-7B-7 - Proof of contract or franchise.
Section 32-7B-8 - Dealer license--Fee--Renewal--Disposition of fees--Promulgation of Rules.
Section 32-7B-9 - Books, records, and files to be kept--Inspection.
Section 32-7B-10 - Issuance of dealer plates--Fees--Disposition of fees.
Section 32-7B-10.1 - Mailing fees.
Section 32-7B-11 - Use of dealer plates--Display--Transfer of plates--Violation as misdemeanor.
Section 32-7B-14 - Dealer inspectors.
Section 32-7B-15 - Investigation of dealers.
Section 32-7B-17.1 - Cease and desist order for specified violations--Period of effectiveness.
Section 32-7B-17.2 - Hearing on question of whether violations occurred--Procedures.
Section 32-7B-17.3 - Finality of cease and desist order.
Section 32-7B-17.5 - Hearing to contest order to pay fine or suspend or revoke license--Procedures.
Section 32-7B-17.6 - Finality of order to pay fine or suspend or revoke license.
Section 32-7B-20 - Promulgation of rules--Administration by local officials.
Section 32-7B-21 - Principal place of business defined.
Section 32-7B-22 - Permission to change principal place of business.
Section 32-7B-24 - Separate licenses for places of business in different counties.
Section 32-7B-25 - Temporary permits for special events--Time limitation--Fee.
Section 32-7B-26 - Consignment sales--Contract required--Form.
Section 32-7B-27 - Manufacturer's statement of origin required for sale on consignment.
Section 32-7B-30 - Temporary location--Time limit--Zoning and building requirements.