(HB 1136)
Section
1.
That
§
32-3-51.7
be amended to read as follows:
32-3-51.7.
Each certificate of title issued by the department shall contain the following phrase:
South Dakota state law requires the disclosure of damage on motor vehicles. This information is
available upon written request from the Department of Revenue, Division of Motor Vehicles. Each
certificate of title shall also contain on its front a statement as to whether previous damage
disclosure statements indicate the motor vehicle had been damaged at one time in excess of
three
five
thousand dollars as provided by
§
32-3-51.8.
Section
2.
That
§
32-3-51.8
be amended to read as follows:
32-3-51.8.
Upon the sale, transfer, or trade-in of a motor vehicle, or if licensing a motor vehicle
in South Dakota which is titled in another state or jurisdiction, the seller, transferor, trader, or
person wishing to license in South Dakota the motor vehicle which is titled in another state or
jurisdiction shall submit an accurately completed damage disclosure statement when applying for
a certificate of title pursuant to
§
32-3-18. The completed damage disclosure statement may be on
the back of the certificate of title or on a separate document that has been approved for use by the
department. Except as otherwise provided by this section, no certificate of title may be issued by
the department unless the damage disclosure statement accompanies the application. It is a Class
1 misdemeanor to intentionally falsify any information on the damage disclosure statement. No
person or dealer is liable to a subsequent owner of a vehicle because a prior owner of the vehicle
failed to disclose that the vehicle had previously been damaged and repaired. This section does not
apply to motor vehicles more than
nine
six
model years old or with a gross vehicle weight rating
of more than sixteen thousand pounds and does not apply if a rebuilt title or junking certificate is
sought.
Section
3.
That
§
32-3-51.14
be amended to read as follows:
32-3-51.14.
The department shall prescribe, pursuant to chapter 1-26, the format for the
damage disclosure statement provided by
§
32-3-51.8. An area for a damage disclosure statement
shall appear on the back of each certificate of title issued by the department. The department may
also approve separate documents on which a damage disclosure statement may be submitted. The
damage disclosure statement form shall indicate whether the motor vehicle has been damaged such
that it cost more than
three
five
thousand dollars to repair to its predamaged condition and any
other damage information the department deems appropriate. If a separate document from the
certificate of title contains the damage disclosure statement, the document shall also require the
following information: year, make, model, and vehicle identification number of the motor vehicle.