32-5-16.7 — Penalties for transporter's, manufacturer's, or dealer's failure to obtain taxaffidavit--Notification to department.
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32-5-16.7.
Penalties for transporter's, manufacturer's, or dealer's failure to obtain tax
affidavit--Notification to department.
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 department shall assess a
monetary 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 department shall assess a monetary penalty on the manufacturer or licensed dealer. The
transporter or dealer who was responsible for moving the mobile or manufactured home is liable for
any property taxes due the county.
The department shall levy a monetary 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 monetary penalties
collected pursuant to this section shall be deposited in the motor vehicle fund. The county treasurer
shall notify the Department of Revenue and Regulation in writing of any violation for failure to
obtain a tax affidavit prior to moving a mobile or manufactured home.
Source: SL 2002, ch 148, § 2; SL 2004, ch 17, § 55; SL 2005, ch 71, § 9.