HB 1188 revise certain penalties for moving or obtaining...
ENTITLED, An Act to
revise certain penalties for moving or obtaining a used mobile home or
manufactured home without an affidavit from the county treasurer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
32-5-16.6
be amended to read as follows:
32-5-16.6.
If the owner of the used mobile home or manufactured home, prior to moving the
home, fails to obtain an affidavit from the county treasurer of the county in which the used mobile
home or manufactured home is registered, stating that the current year's taxes are paid as described
in
§
§
10-21-36 to 10-21-39, inclusive, or
§
10-9-3, the court shall assess a civil penalty on the owner.
If a regulated lender, as defined in
§
54-3-14, is repossessing a used mobile home or manufactured
home and fails to obtain an affidavit, prior to moving the home, from the county treasurer of the
county in which the used mobile home or manufactured home is registered, stating that the current
year's taxes are paid as described in
§
§
10-21-36 to 10-21-39, inclusive, or
§
10-9-3, the court shall
assess a civil penalty on the lender.
The court shall levy a civil penalty of two hundred fifty dollars for the first violation within a one-
year period, five hundred dollars for the second violation within a one-year period, and one thousand
dollars for each subsequent violation within a one-year period. All civil penalties collected pursuant
to this section shall be deposited in the county general fund of the county in which the used mobile
home or manufactured home is registered. The county treasurer shall notify the Department of
Revenue of any violation resulting in a civil penalty assessment for failure to obtain a tax affidavit
prior to moving a mobile or manufactured home.
Section
2.
That chapter
32-5
be amended by adding thereto a NEW SECTION to read as follows:
If a transporter of a used mobile home or manufactured home, prior to transporting, fails to obtain
an affidavit from the county treasurer of the county in which the used mobile home or manufactured
home is registered, stating that the current year's taxes are paid as described in
§
§
10-21-36 to 10-21-
39, inclusive, or
§
10-9-3, the court shall assess a civil penalty on the transport owner. If a
manufacturer or licensed dealer, as defined in chapter 32-7A, is moving, repossessing, trading,
purchasing, or receiving onto the manufacturer's or licensed dealer's lot a used mobile home or
manufactured home and fails to obtain an affidavit from the county treasurer of the county in which
the used mobile home or manufactured home is registered, stating that the current year's taxes are
paid as described in
§
§
10-21-36 to 10-21-39, inclusive, or
§
10-9-3, the court shall assess a civil
penalty on the manufacturer or licensed dealer.
The court shall levy a civil penalty of two hundred fifty dollars for the first violation within a one-
year period, five hundred dollars for the second violation within a one-year period, and one thousand
dollars for each subsequent violation within a one-year period. All civil penalties collected pursuant
to this section shall be deposited in the county general fund of the county in which the used mobile
home or manufactured home is registered. The county treasurer shall notify the Department of
Revenue of any violation resulting in a civil penalty assessment for failure to obtain a tax affidavit
prior to moving a mobile or manufactured home.
Section
3.
For the purposes of sections 1 and 2 of this Act, if the owner, lender, licensed dealer,
or transporter are the same party the court may not assess multiple civil penalties for any one
violation.
Section
4.
That chapter
32-9
be amended by adding thereto a NEW SECTION to read as follows:
The department may, pursuant to chapter 1-26, revoke and cancel or suspend the commercial
motor vehicle certificate which belongs to any person who the court has assessed a civil penalty
pursuant to section 2 of this Act four or more times within a one-year period.
Section
5.
That chapter
32-9
be amended by adding thereto a NEW SECTION to read as follows:
The department may, pursuant to chapter 1-26, revoke or suspend the transporter plate issued
pursuant
§
32-9-57 which belongs to any transporter who the court has assessed a civil penalty
pursuant to section 2 of this Act four or more times within a one-year period. It is a Class 1
misdemeanor for any transporter to fail or refuse to surrender to the department upon its lawful
demand any transporter plate which has been revoked or suspended.
Section
6.
That
§
32-7A-4.2
be amended to read as follows:
32-7A-4.2.
The department may deny any application, or suspend or revoke any license issued
under the provisions of this chapter, for a violation of any of the following provisions:
(1)
Commission of fraud or willful misrepresentation in the application for or in obtaining a
license;
(2)
A previous manufacturer or dealer license revocation in this or any other state;
(3)
Willful violation, which leads to a conviction, of any law of this state which relates to
dealing in manufactured homes or mobile homes;
(4)
Willful failure to comply with any administrative rule promulgated by the department;
(5)
Perpetration of a fraud upon any person as a result of dealing in manufactured homes or
mobile homes;
(6)
Failure to allow department inspections, including initial and annual inspections, complaint
investigations and necessary follow-up inspections;
(7)
Willful misrepresentation through false, deceptive, or misleading statements with regard
to the sale or financing of manufactured homes or mobile homes which a dealer has, or
causes to have, advertised, printed, displayed, published, distributed, broadcast, televised,
or made in any manner with regard to the sale or financing of manufactured homes or
mobile homes;
(8)
Refusal to comply with a licensee's responsibility under the terms of the new manufactured
home or mobile home warranty issued by its respective manufacturer, unless such refusal
is at the direction of the manufacturer;
(9)
Willful failure to comply with the terms of any bona fide written, executed agreement
pursuant to the sale of a manufactured home or mobile home;
(10)
Violation by the dealer of any applicable manufactured home building or safety code;
(11)
Failure to continuously occupy a principal place of business licensed under
§
32-7A-2;
(12)
Willful failure to deliver the manufacturer's statement of origin to the county treasurer or
the certificate of title to a person entitled to it within thirty days after date of delivery;
(13)
Conviction within the previous ten years, of a crime that related directly to the business
of the dealer or manufacturer involving fraud, misrepresentation or misuse of funds;
(14)
Inability to obtain or renew a surety bond;
(15)
Misuse of the dealers' metal plates and lending for use on mobile homes or manufactured
homes not owned by the manufacturer or dealer;
(16)
Transporting a used mobile home or manufactured home without an affidavit, four or more
times within a one-year period, from the county treasurer of the county in which the
mobile home or manufactured home is registered, stating that the current year's taxes are
paid; or
(17) Having a used mobile home or manufactured home located on the licensed dealer's or
manufacturer's lot without an affidavit, four or more times within a one-year period, from
the county treasurer of the county in which the mobile home or manufactured home is
registered, stating that the current year's taxes were paid when the licensed dealer acquired
the home.
An Act to revise certain penalties for moving or obtaining a used mobile home or manufactured
home without an affidavit from the county treasurer.
=========================
I certify that the attached
Act
originated in the
HOUSE as
Bill
No.
1188
|
____________________________
Chief Clerk
=========================
____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House
Bill
No.
1188
File No. ____
Chapter No. ______
=========================
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
=========================
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
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
