32-6B-36. Dealer's car auction agency--Vehicles acceptable for sale--Permitted purchasers--Unauthorized sale a misdemeanor.
Any auction agency operating under the provisions of this chapter may accept for sale at its option vehicles which are owned by vehicle dealers regularly licensed in either this or some other state, or by the following entities if the vehicle is owned and titled by the entity and acquired incident to its regular business:
(1) Any regulated lender as defined in § 54-3-14 or any financing institution licensed pursuant to chapter 54-4;
(2) Any financial institution chartered or licensed in any other jurisdiction. However, such entity is not required to have a title in its name if the entity provides a title in the name of the customer and documentation as required by the department to substantiate a repossession transaction; or
(3) Any insurance company authorized to do business in either this state or some other state.
An auction agency may also accept from any manufacturer any vehicle that is owned by the manufacturer and that has a manufacturer's certificate of origin or a valid title. Any vehicle with a manufacturer's certificate of origin sold for a manufacturer may only be offered to the manufacturer's franchised dealers with the same line vehicle make.
Any vehicle dealer, regularly licensed by this or some other state, may purchase any vehicle from an auction agency, except as otherwise prohibited by this section. Any auction agency that accepts for sale any vehicle not authorized by this section is guilty of a Class 1 misdemeanor.
Source: SL 1986, ch 250, § 37; SL 1997, ch 184, § 1; SL 2001, ch 168, § 1; SL 2007, ch 177, § 1; SL 2015, ch 157, § 21.
32-6B-36.1. Dealer's car auction agency--Government-owned vehicles.
Notwithstanding §§ 32-6B-34 and 32-6B-36, any auction agency may accept for sale at its option vehicles which are owned by any governmental entity. Any member of the public may purchase those vehicles. The auction agency shall ensure that vehicles held and sold pursuant to this section are marked as separate and are physically separated from vehicles held and sold pursuant to §§ 32-6B-34 and 32-6B-36. Vehicles to be sold pursuant to this section shall be easily identifiable as being separate from vehicles to be sold pursuant to §§ 32-6B-34 and 32-6B-36. Upon request, the auction agency shall provide the department a site plan that shows the separation of vehicles to be sold pursuant to this section from vehicles to be sold pursuant to §§ 32-6B-34 and 32-6B-36.
Source: SL 1997, ch 185, § 1; SL 2021, ch 133, § 1.
32-6B-36.3. Issuance of auction agency plates--Numbering--Fees--Return of plates--Misdemeanor.
The department shall issue metal numerical license plates to an auction agency upon application and payment of a one hundred one dollar yearly fee to be paid at the time of the annual review date for each set desired. Such fees shall be distributed in the manner specified in §§ 32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number "99." The plates may be issued for a multiple year period. If an auction agency's license is revoked or canceled or the auction agency goes out of business, the "99" plates shall be returned to the department. If any person operates a motor vehicle with "99" plates after the auction agency's license is revoked or canceled or after the auction agency goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor.
Source: SL 2002, ch 152, § 1; SL 2003, ch 167, § 1; SL 2011, ch 139, § 8; SL 2011, ch 139, § 18, eff. July 1, 2013; SL 2015, ch 165, § 19, eff. Apr. 1, 2015.
32-6B-36.4. Use of agency plates--Transfer of plates--Violation as misdemeanor.
Any vehicle being transported to or from the auction agency's place of business bearing a "99" license plate issued pursuant to § 32-6B-36.3 may be driven on the streets and highways of this state for the purpose of transporting a vehicle that will be sold or has been sold by the auction agency. The "99" license plate is transferable by the auction agency from one vehicle to another vehicle for transporting purposes. A violation of this section is a Class 2 misdemeanor.
Source: SL 2002, ch 152, § 2.