(HB 1298)
Sell-it-yourself motor vehicle lots regulated.
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 providedto 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
(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.
Signed March 13, 1998.
