FOR AN ACT ENTITLED, An Act to define a sell-it-yourself lot.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

     No sell-it-yourself lot operator may engage in the following business activities concerning any vehicle on a sell-it-yourself lot premises, unless licensed in accordance with the provisions of this chapter:

             (1)    Sell, offer to sell, or negotiate the sale of any vehicle;

             (2)    Buy, offer to buy, or negotiate the purchase of any vehicle;

             (3)    Make any comments about the appearance, condition, or reputation of any vehicle;

             (4)    Communicate the name, address, or phone number of the owner of any vehicle to a potential customer. However, the vehicle and ownership information can be provided to a potential customer by means of a sign or information sheet placed in or on the vehicle by its owner;

             (5)    Advertise any of the following:

             (a)    The price, mileage, or the condition of a vehicle; or

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             (b)    The name or the telephone number of a vehicle's owner;

             (6)    Authorize the test drive of any vehicle;

             (7)    Take possession of the keys of a vehicle for any purpose; or

             (8)    Sell, offer to sell, or facilitate the sale of any financing package or warranty package for any vehicle on the sell-it-yourself lot.
    A sell-it-yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation by a sell-it-yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 6 felony.

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BILL HISTORY
1/26/98 First read in House and referred to Transportation.   H.J.   228
1/28/98 Scheduled for Committee hearing on this date.
1/28/98 Transportation Deferred to another day.
2/4/98 Scheduled for Committee hearing on this date.
2/9/98 Transportation Do Pass Amended, Passed, AYES 10, NAYS 2.   H.J.   471