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State of South Dakota
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EIGHTY-FIFTH SESSION LEGISLATIVE ASSEMBLY, 2010 |
| 904R0524 | SENATE BILL NO. 97 |
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Introduced by: Senators Gray, Abdallah, Ahlers, Garnos, Maher, Nesselhuf, Olson (Russell),
Tieszen, Turbak Berry, and Vehle and Representatives Schlekeway, Bolin,
Fargen, Greenfield, Juhnke, Kirkeby, Rausch, Rounds, Street, and Thompson
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FOR AN ACT ENTITLED, An Act to provide that salvage titles be issued for stolen vehicles
and to provide that thefts be noted on the title of recovered motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-3-51.19 be amended to read as follows:
32-3-51.19. For purposes of §§ 32-3-51.5, 32-3-51.9, 32-3-51.19, 32-3-51.20, and 32-3-51.21, the term, salvage vehicle, means any motor vehicle as defined in § 32-3-51.10 that an insurer or self insurer determines a total loss due to theft or to damage caused by fire, vandalism, collision, weather, submersion in water, or flood. This section does not apply to any motor vehicle more than six model years old or with a gross vehicle weight rating of more than sixteen thousand pounds.
Section 2. That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-3-51.19 be amended to read as follows:
32-3-51.19. For purposes of §§ 32-3-51.5, 32-3-51.9, 32-3-51.19, 32-3-51.20, and 32-3-51.21, the term, salvage vehicle, means any motor vehicle as defined in § 32-3-51.10 that an insurer or self insurer determines a total loss due to theft or to damage caused by fire, vandalism, collision, weather, submersion in water, or flood. This section does not apply to any motor vehicle more than six model years old or with a gross vehicle weight rating of more than sixteen thousand pounds.
Section 2. That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:
If a stolen vehicle is recovered, the insurer or self insurer shall, within thirty days of
recovery, inspect the vehicle and apply for a title as follows:
(1) If the vehicle has no damage or the damage is less than that defined in § 32-3-51.8,
surrender the existing salvage title to the department. The department shall promptly
issue a title marked as a recovered theft with no damage; or
(2) If the vehicle has damage equal to or greater than that defined in § 32-3-51.8,
surrender the existing salvage title to the department. The department shall promptly
issue a title marked as a recovered theft with damage with the damage disclosure
notation pursuant to § 32-3-51.8.
However, if the condition of the vehicle is such that it would have been determined a
salvage vehicle as defined in § 32-3-51.19 due to the damage to the vehicle, the salvage title is
retained and the insurer or self insurer is not required to apply for a title pursuant to this section.
