South Dakota 2023 Regular Session

South Dakota Senate Bill SB159

Introduced
1/26/23  
Refer
1/30/23  
Report Pass
2/16/23  
Engrossed
2/22/23  
Refer
2/23/23  
Report Pass
2/27/23  
Enrolled
3/1/23  

Caption

Revise provisions regarding vehicle warranty claims.

Impact

By reinforcing the requirements surrounding warranty claims, SB159 impacts the legal obligations of manufacturers and component manufacturers when dealing with dealers. It serves to clarify the process that must be followed when warranty claims are submitted, and emphasizes that any valid warranty claims already compensated cannot be recharged to the dealer under certain conditions, like if repairs were unnecessary or if claims were fraudulent. This amendment aims to strengthen the relationship between vehicle dealers and manufacturers, fostering a more cooperative environment.

Summary

Senate Bill 159 aims to revise the provisions regarding vehicle warranty claims in South Dakota. The bill stipulates that manufacturers or component manufacturers are required to properly fulfill any warranty agreements with vehicle dealers by compensating them for labor and parts within a specified timeframe. It further mandates that if a claim is disapproved, the dealer must be informed in writing within thirty days. This change is designed to streamline the warranty claims process and ensure timely payments to dealers, ultimately enhancing the operational efficiency across the vehicle repair industry.

Sentiment

The general sentiment around SB159 appears to be supportive among vehicle dealers who see it as a necessary step towards fair treatment in the warranty claims process. They argue that timely payments and clearer guidelines will empower them to provide better service to their customers. On the other hand, some manufacturers might express concern regarding the additional accountability they may face, which could affect their operations and margins, thus presenting a mixed reception in the industry overall.

Contention

Notable points of contention include the bill's provisions for claims that may later be deemed fraudulent, where manufacturers retain the right to audit and question claims for a specified duration. While this is seen as a protective measure for the manufacturers, some vehicle dealers may view these provisions as a potential threat to their financial stability, especially if they feel unfairly targeted by audits. The balance between protecting manufacturer interests and ensuring dealer rights creates a point of debate within the legislative discussions surrounding the bill.

Companion Bills

No companion bills found.

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