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State of South Dakota
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EIGHTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY,
2008
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851P0417
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SENATE BILL
NO.
103
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Introduced by:
Senators Turbak Berry, Abdallah, Garnos, Koetzle, and McCracken and
Representatives Willadsen, Ahlers, Cutler, Engels, Miles, Pederson (Gordon),
Rounds, and Street
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FOR AN ACT ENTITLED, An Act to
establish certain provisions regarding the use of
replacement crash parts in the repair of certain motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1.
That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
For the purposes of this Act, the term, replacement crash parts, means sheet metal or plastic
parts which generally constitute the exterior of a motor vehicle, including inner and outer
panels.
Section 2.
That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
No insurer may require the use of replacement crash parts in the repair of a motor vehicle
unless the replacement crash part is at least of like kind and quality to the part being replaced
in terms of fit, function, and finish. Replacement crash parts certified to meet the standards set
by an American National Standards Institute recognized entity, including the Certified
Automotive Parts Association, are presumed to be at least of like kind and quality to the part
being replaced in terms of fit, function, and finish.
Section 3.
That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
For any new motor vehicle that was purchased by the insured from a vehicle dealer as
defined in
§
32-6B-1, if the date of loss occurred within twelve months of the date of purchase,
no insurer may require the use of nonoriginal equipment manufacturer replacement crash parts
in the repair of a motor vehicle.
Section 4.
That chapter
58-33
be amended by adding thereto a NEW SECTION to read as
follows:
Nothing in this Act creates or implies a private cause of action for violation of this Act nor
may be construed to create or imply third party bad faith. A violation of this Act is not
admissible in any private cause of action. A domestic, foreign, or alien insurer transacting
business in this state violates this Act by either:
(1) A series of acts or practices in violation of this Act if done with such frequency as to
indicate a general business practice to engage in that type of conduct; or
(2) An act or practice in violation of this Act that is done flagrantly and in conscious
disregard of this Act.