2017 Session Laws

CHAPTER 133

(HB 1066)

Permits for the sale of certain trailers,
motorcycles, and other vehicles.


        ENTITLED, An Act to revise certain provisions regarding permits for the sale of certain trailers, motorcycles, and other vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That ยง 32-6B-5.1 be amended to read:

    32-6B-5.1. The following persons do not need to be licensed A license issued pursuant to this chapter if the person meets is not necessary in the following conditions:

            (1)    Any person engaged in the business of manufacturing trailers may display but may not sell any trailers at an event, if the event lasts three or more days and if the person registers with and purchases a permit from the Department of Revenue. If the permit is purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ten-day fifteen-day temporary permit. However, if If the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. Any person found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

            (2)    Any person may sell motorcycles at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue. Before issuance of a permit, the person shall provide proof the person is a licensed dealer in the person's own state and has no outstanding dealer violations. The permit may only be issued if the new motorcycles being sold are not franchised in this state. If the permit is purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ten-day fifteen-day temporary permit. However, if If the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. Any person found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

            (3)    Any person may sell trailers at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue. Before issuance of a permit, the person shall provide proof the person is a licensed dealer in the person's own state and has no outstanding dealer violations. The permit may only be issued if the trailers being sold are not franchised in this state. If the permit is purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ten-day fifteen-day temporary permit. However, regardless Regardless of whether or not there is a franchise in this state, any person may display a trailer at

such an event. However, if If the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. Any person found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

            (4)    Any dealer licensed in another state may sell any vehicle or motorcycle that is not titled in South Dakota if the vehicle is at least twenty years old and the motorcycle is at least thirty years old at a public auction on consignment if the title is issued in the name of the dealer and the dealer purchases a permit from the Department of Revenue. Before issuance of a permit, the dealer shall provide proof the dealer is a licensed dealer in the dealer's own state and has no outstanding dealer violations. If the permit is purchased in advance of the auction, the dealer shall pay a fee of two hundred fifty dollars for the permit. However, if If the permit is purchased at or after the auction, the dealer shall pay a fee of five hundred dollars for the temporary permit. Any dealer found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation; and

            (5)    Any person engaged in the business of manufacturing or customizing motor vehicles may display and offer limited demonstration but may not sell any motor vehicle at an event, if the event lasts three or more days and if the person registers with and purchases a permit from the Department of Revenue. If the permit is purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars for a ten-day fifteen-day temporary permit. However, if If the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. This subdivision does not apply to any customized motorcycle being built for and displayed during a sponsored event where the participants had to qualify through competition. A permit is required if any customized motorcycle is being displayed outside the sponsored event. Any person found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation.

     Signed March 2, 2017
_______________