establish a minimum damage threshold for a motor vehicle total loss declaration.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

establish a minimum damage threshold for a motor vehicle total loss declaration.

establish a minimum damage threshold for a motor vehicle total loss declaration.

What This Bill Does

• establish a minimum damage threshold for a motor vehicle total loss declaration.
• Official keyword topics: Insurance Motor Vehicles Official sponsor note: Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4777/Detail">Kolbeck (Steve)</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4741/Detail">Crabtree</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4781/Detail">Larson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4817/Detail">Schoenfish</a> and Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4830/Detail">Walburg</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4776/Detail">Kolbeck (Jack)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4801/Detail">Peterson (Drew)</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4819/Detail">Shorma</a>

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

establish a minimum damage threshold for a motor vehicle total loss declaration.
Official keyword topics:
Insurance
Motor Vehicles
Official sponsor note: Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4777/Detail">Kolbeck (Steve)</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4741/Detail">Crabtree</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4781/Detail">Larson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4817/Detail">Schoenfish</a> and Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4830/Detail">Walburg</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4776/Detail">Kolbeck (Jack)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4801/Detail">Peterson (Drew)</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4819/Detail">Shorma</a>

Current Bill Text

26.742.11 101st Legislative Session 227

2026 South Dakota Legislature
Senate Bill 227

Introduced by: Senator Kolbeck (Steve)

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to establish a minimum damage threshold for a motor vehicle total loss 1
declaration. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That a NEW SECTION be added to chapter 58-12: 4
An insurer may not declare that a motor vehicle is a total loss because of damage 5
caused by a collision, fire, vandalism, weather, or other peril, unless the cost of repairing 6
the vehicle meets or exceeds seventy-five percent of the actual cash value of the vehicle 7
before it was damaged. 8
Nothing in this section prohibits an insurer from declaring, at the request of and 9
with the express written authorization of the vehicle owner, that the vehicle is a total loss, 10
even if the cost to repair the vehicle is less than seventy -five percent of the actual cash 11
value of the vehicle immediately preceding the time it was damaged. 12
For purposes of this section, “actual cash value” means the current market value 13
of the motor vehicle, within a radius of two -hundred miles from the primary address of 14
the vehicle owner, taking into consideration: 15
(1) The year, make, and model of the vehicle; 16
(2) Any accessories and options; 17
(3) Any natural deterioration from normal use; 18
(4) The odometer reading; and 19
(5) The accident history of the vehicle. 20