CHAPTER 172

(HB 1103)

Damage disclosure statement notices to be posted.


         ENTITLED, An Act to  revise certain requirements of vehicle and boat dealers to post damage disclosure statement notices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 32-3-51.18 be amended to read as follows:

     32-3-51.18.   Any vehicle that is required to be titled pursuant to this chapter and is sold or offered for sale by a vehicle dealer or a used vehicle dealer as defined in § 32-6B-1 shall display a sticker, decal, or notice that discloses damage to the vehicle in accordance with the provisions of §§ 32-3-51.7, 32-3-51.8, 32-3-51.14, and 32-3-51.15, as determined by the department in rules promulgated pursuant to chapter 1-26. A vehicle more than six model years old is not exempt from the provisions of this section. The rules shall also prescribe the format and construction of the sticker, decal, or notice. If the dealer fails to comply with this section, the purchaser of the motor vehicle may return the motor vehicle to the dealer within ten days after receiving the title, and the dealer shall make a full refund to the purchaser.

     Section  2.  That § 32-3A-38.6 be amended to read as follows:

     32-3A-38.6.   Any large boat that is required to be titled pursuant to this chapter and is sold or offered for sale by a boat dealer as defined in § 32-3A-2 shall display a sticker, decal, or notice that discloses damage to the large boat in accordance with the provisions of §§ 32-3A-38.1 to 32-3A- 38.7, as determined by the department in rules promulgated pursuant to chapter 1-26. A large boat more than six model years old is not exempt from the provisions of this section. The rules shall also prescribe the format and construction of the sticker, decal, or notice.

     Signed February 7, 2007
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