ENTITLED, An Act to  provide for civil recovery of unpaid property and services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     The owner of a motor vehicle that receives motor fuel that was not paid for is liable to the motor fuel retailer for the cost of the motor fuel received. In addition, the motor fuel retailer may impose a maximum service charge of thirty dollars for collection costs if the service charge was conspicuously displayed on the premises where the motor fuel was received.
     Section  2.  That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     If a motor fuel retailer records the license plate number of the motor vehicle that receives motor fuel that was not paid for, the retailer may contact any law enforcement officer and provide the license plate number in writing and the law enforcement officer shall provide the motor vehicle owner's address, recorded pursuant to §  32-5-3, in order for the retailer to mail a notice and demand of payment for motor fuel.
     Section  3.  That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     The notice and demand of payment for motor fuel shall include the name, address, and license plate number of the motor vehicle owner; the date the act occurred; the unpaid dollar amount; the service charge; the type of motor fuel; a citation of sections 1 and 4 of this Act; and the employee's signature. An affidavit of service by mailing shall be retained by the motor fuel retailer.
     Section  4.  That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

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     If the motor fuel retailer does not receive payment within thirty-three days after mailing the notice and demand for payment for motor fuel, the vehicle owner is also liable for a civil penalty of one hundred dollars, or the price of the unpaid motor fuel, whichever is greater.
     Section  5.  That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     The motor vehicle owner may dispute the motor fuel retailer's claim by sending written notice to the retailer during the thirty-three day period in section 4 of this Act. The retailer shall cease all collection efforts upon receipt of the notice. The retailer may collect the price of the motor fuel, the service charge, and the civil penalty only pursuant to a judgement from a court of law.
     Section  6.  That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     Any person who obtains property or services from a hotel or restaurant without paying for it is liable to the retailer for the cost of the property or service. In addition, the retailer may impose a maximum service charge of thirty dollars for collection costs if the service charge was conspicuously displayed on the premises.
     Section  7.  That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     If the retailer records the motor vehicle license plate number of the person who obtained property or services without paying, the retailer may contact any law enforcement officer and provide the license plate number in writing and the law enforcement officer shall provide the motor vehicle owner's address, recorded pursuant to §  32-5-3, in order for the retailer to mail a notice and demand of payment for property or services.
     Section  8.  That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

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     The notice and demand of payment for property or services shall include the name, address, and license plate number of the motor vehicle owner; the date the act occurred; the unpaid dollar amount; the service charge; a citation of sections 6 and 9 of this Act; and the employee's signature. An affidavit of service by mailing shall be retained by the retailer.
     Section  9.  That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     If the retailer does not receive payment within thirty-three days after mailing the notice and demand for payment for property or services, the vehicle owner is also liable for a civil penalty of one hundred dollars, or the price of the unpaid property or services, whichever is greater.
     Section  10.  That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     Any person may dispute the retailer's claim by sending written notice to the retailer during the thirty-three day period in section 9 of this Act. The retailer shall cease all collection efforts upon receipt of the notice. The retailer may collect the price of the property or service, the service charge, and the civil penalty only pursuant to a judgment from a court of law.

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An Act to provide for civil recovery of unpaid property and services.

========================= I certify that the attached Act originated in the HOUSE as Bill No. 1131

____________________________
Chief Clerk

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____________________________
Speaker of the House

Attest:

____________________________
Chief Clerk

____________________________
President of the Senate

Attest:

____________________________
Secretary of the Senate

House Bill No. 1131
File No. ____
Chapter No. ______     =========================
Received at this Executive Office this _____ day of _____________ ,

20____ at ____________ M.

By _________________________
for the Governor

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The attached Act is hereby approved this ________ day of ______________ , A.D., 20___

____________________________
Governor

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STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________ , 20___
at _________ o'clock __ M.

____________________________
Secretary of State

By _________________________
Asst. Secretary of State