ENTITLED, An Act to limit the liability of retail dealers in petroleum products under certain
conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 37-2 be amended by adding thereto a NEW SECTION to read as follows:
A retail dealer in petroleum products subject to inspection under the provisions of this chapter
is not liable for damages caused by the use of incompatible motor fuel dispensed at the retail dealer's
retail motor fuel pump, if all of the following apply:
(1) The incompatible motor fuel complies with the specifications for a type of motor fuel as
provided in this chapter;
(2) The incompatible motor fuel is selected by a person other than the retail dealer or an
employee or agent of the retail dealer; and
(3) The incompatible motor fuel is dispensed from a motor fuel pump that correctly labels the
type of fuel dispensed.
For the purposes of this section, a motor fuel is incompatible with a motor according to the
manufacturer of the motor.
An Act to limit the liability of retail dealers in petroleum products under certain conditions.
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I certify that the attached Act
originated in the
SENATE as Bill No. 89
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 89
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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