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State of South Dakota  
EIGHTIETH SESSION
LEGISLATIVE ASSEMBLY,  2005
 

474L0424  
HOUSE TRANSPORTATION COMMITTEE ENGROSSED   NO. HB 1171   -   02/02/2005  

Introduced by:     Representatives Weems, Faehn, Gassman, Krebs, Lange, Miles, Pederson (Gordon), Schafer, Sebert, and Willadsen and Senators Gant, Bartling, Kelly, and Sutton (Duane)  



         FOR AN ACT ENTITLED, An Act to  permit certain dealers or public auctions to sell snowmobiles and vehicles on consignment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 32-6C be amended by adding thereto a NEW SECTION to read as follows:
     Any snowmobile dealer or public auction may sell, or offer to sell, new or used snowmobiles on consignment. For the purposes of this chapter, consignment means the delivery of a snowmobile by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the snowmobile or has a right to return the snowmobile to the seller. Any snowmobile dealer or public auction who sells, or offers to sell, a South Dakota titled snowmobile on consignment shall enter into a contract with the consignor. The department shall prescribe the form of the contract.
     Section  2.  That chapter 32-6C be amended by adding thereto a NEW SECTION to read as follows:
     No person may sell or offer to sell a snowmobile, to which a manufacturer's statement of origin has not been transferred, on consignment.
     Section  3.  That § 32-6B-3 be amended to read as follows:
     32-6B-3.   Any vehicle dealer or public auction may sell, or offer to sell, new or used vehicles on consignment. For the purposes of this chapter, consignment means the delivery of a vehicle by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the vehicle or has a right to return the vehicle to the seller. Any vehicle dealer or public auction who sells, or offers to sell, South Dakota titled vehicles on consignment shall enter into a contract with the consignor. The department shall prescribe the form of the contract.