Read the full stored bill text
26.677.31 101st Legislative Session 1188
2026 South Dakota Legislature
House Bill 1188
ENROLLED
AN ACT
ENTITLED An Act to limit the liability of law enforcement officers and others when
removing a disabled vehicle from a highway, a right of way, or public waters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 32-30:
If the driver or person in charge of a disabled motor vehicle is unable to
expeditiously arrange for the removal of the vehicle from the main -traveled portion of a
highway pursuant to § 32-30-4, or from the right of way, or if a vehicle is an obstruction
or hazard to traffic pursuant to § 32-30-14, any agent of the Division of Highway Patrol,
the Department of Transportation, a sheriff, or a peace officer of this state may arrange
for the removal of the vehicle to a garage or place of safety, pursuant to § 32-30-13. That
person may also arrange for removal from the highway or right of way of any spilled cargo
or other personal property belonging to the occupants of the motor vehicle, which could
obstruct traffic or present a safety hazard.
The owner of the motor vehicle is responsible for any costs of removal incurred by
the state, any political subdivision of the state, or any removal agency acting on behalf of
the state or a political subdivision thereof.
Absent gross negligence or willful and wanton misconduct in removing the vehicle
and its cargo, no agent of the Division of Highway Patrol, the Department of
Transportation, a sheriff, or a peace officer of this state, and no removal agency as defined
by § 32-36-2, or other person acting on behalf of any agent of the Division of Highway
Patrol, the Department of Transportation, a sheriff, or a peace officer of this state, is liable
for damages to the disabled motor vehicle, its cargo, the personal property of the m otor
vehicle's occupants, or the surrounding area.
Section 2. That a NEW SECTION be added to chapter 32-30:
26.677.31 2 1188
HB1188 ENROLLED
Any agent of the Division of Highway Patrol, the Department of Transportation, the
Department of Game, Fish and Parks, any sheriff or peace officer of this state, and any
removal agency or other person acting at the direction of law enforcement or any stat e
agency personnel specified in this section, may, in the interest of public safety, remove
from the public waters of this state a disabled:
(1) Boat, as defined in § 32-3A-2;
(2) Motor vehicle, as defined in § 32-5-1;
(3) Off-road vehicle, as defined in § 32-20-1; and
(4) Snowmobile, as defined in § 32-20A-1.
The owner of the boat, motor vehicle, off -road vehicle, or snowmobile, is
responsible for any costs of removal incurred by the state, any political subdivision of the
state, or any removal agency acting on behalf of the state or a political subdivision thereof.
Absent gross negligence or willful and wanton misconduct in removing a boat,
motor vehicle, off-road vehicle, or snowmobile, and its cargo, no agent of the Division of
Highway Patrol, the Department of Transportation, the Department of Game, Fish and
Parks, and no removal agency or other person acting under the direction of law
enforcement or any state agency personnel specified in this section, is liable for damages
to the disabled boat, motor vehicle, off -road vehicle, or snowmobile, or to its cargo, the
personal property of the operator, or the surrounding area.
26.677.31 3 1188
HB1188 ENROLLED
An Act to limit the liability of law enforcement officers and others when removing a disabled
vehicle from a highway, a right of way, or public waters.
I certify that the attached Act originated in
the:
House as Bill No. 1188
Chief Clerk of the House
Speaker of the House
Attest:
Chief Clerk of the House
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1188
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State