SDLRC - 2020 House Bill 1023 - SD Legislature permit the secretary of revenue to issue cease and desist orders and to impose a civil penalty on certain public auctions.

ENTITLED An Act to permit the secretary of revenue to issue cease and desist orders and to impose a civil penalty on certain public auctions.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   32-6B-41.1 be AMENDED:

32-6B-41.1. Cease and desist order for specified violations--Period of effectiveness.

In addition to any other remedy provided by law, the secretary of revenue may issue an order directing a vehicle dealer or public auction to cease and desist from engaging in any act or practice enumerated in    32-6B-41. A cease and desist order issued pursuant to this section is effective for a period of two years.

Section 2. That   32-6B-41.2 be AMENDED:

32-6B-41.2. Cease and desist order--Request for hearing--Procedure.

Within twenty days after service of the order to cease and desist, the vehicle dealer or public auction may request a hearing in writing on the question of whether acts or practices in violation of this title have occurred. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26.

Section 3. That a NEW SECTION be added:

32-6B-41.7. Cease and desist order--Failure to comply--Penalty.

If a public auction fails to comply with a cease and desist order issued pursuant to    32-6B-41.1, the secretary may issue an order imposing a monetary penalty on the public auction of five hundred dollars for each subsequent violation of the cease and desist order. All monetary penalties collected pursuant to this section shall be deposited in the state motor vehicle fund.

Section 4. That   32-6B-41.5 be AMENDED:

32-6B-41.5. Contest of order--Procedure.

A dealer or public auction may request a hearing to contest an order issued pursuant to    32-6B-41.4 or 32-6B-41.7. The request shall be submitted to the secretary in writing within twenty days after service of the order. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26.

Section 5. That   32-6B-41.6 be AMENDED:

32-6B-41.6. Finality of order.

An order issued pursuant to    32-6B-41.4 or 32-6B-41.7 becomes final upon expiration of the time allowed for appeals from the secretary's order, if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.

An Act to permit the secretary of revenue to issue cease and desist orders and to impose a civil penalty on certain public auctions.

I certify that the attached Act originated in the: House as Bill No. 1023 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1023 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2020 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2020 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2020 at _________ o'clock __M. Secretary of State By Asst. Secretary of State