AN ACT
ENTITLED, An Act to revise certain provisions regarding manufacturers' warranties for motor
vehicles to include all-terrain vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-6D-1 be amended to read:
32-6D-1. Terms used in this chapter mean:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-6D-1 be amended to read:
32-6D-1. Terms used in this chapter mean:
(1) "Consumer," the purchaser, other than for purposes of resale, of a new or previously
untitled motor vehicle used in substantial part for personal, family, or household purposes,
who is entitled by the terms of the warranty to enforce the obligations of the warranty;
(2) "Express warranty," a written warranty, so labeled, issued by the manufacturer of a new
motor vehicle, including any terms or conditions precedent to the enforcement of
obligations under that warranty;
(3) "Lemon law rights period," the period ending one year after the date of the original
delivery of a motor vehicle to a consumer or the first twelve thousand miles of operation,
whichever first occurs;
(4) "Manufacturer," the person, firm, corporation, or limited liability company engaged in the
business of manufacturing, importing, or distributing motor vehicles to be made available
to a motor vehicle dealer for retail sale;
(5) "Motor vehicle," any vehicle intended primarily for use and operation on the public
highways which is self-propelled. The term also includes any all-terrain vehicle with four
or more wheels and with a combustion engine having a piston or rotor displacement of
two hundred cubic centimeters or more. The term does not apply to any motor home or
to any motor vehicle having a manufacturer's gross vehicle weight rating of fifteen
thousand pounds or more;
(6) "Motor vehicle dealer" or "authorized dealer," any person operating under a dealer
agreement from a manufacturer and licensed pursuant to chapter 32-6B;
(7) "Nonconforming condition," any condition of a motor vehicle that is not in conformity
with the terms of any express warranty issued by the manufacturer to a consumer and that
significantly impairs the use, value, or safety of the motor vehicle and occurs or arises
solely in the course of the ordinary use of the motor vehicle, and that does not arise or
occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not
authorized by the manufacturer, nor from any accident or other damage to the motor
vehicle which occurs or arises after the motor vehicle was delivered by an authorized
dealer to the consumer;
(8) "Notice of a nonconforming condition," a written statement delivered to the manufacturer
and that describes the motor vehicle, the nonconforming condition, and all previous
attempts to correct the nonconforming condition by identifying the person who made the
attempt and the time the attempt was made.
An Act to revise certain provisions regarding manufacturers' warranties for motor vehicles to include all-terrain vehicles.
An Act to revise certain provisions regarding manufacturers' warranties for motor vehicles to include all-terrain vehicles.
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I certify that the attached Act originated in the
SENATE as Bill No. 121
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 121 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
