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HB1236 • 2026

establish civil liability for furnishing alcohol to an obviously intoxicated person.

establish civil liability for furnishing alcohol to an obviously intoxicated person.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Pourier
Last action
2026-02-20
Official status
Scheduled for hearing
Effective date
Not listed

Plain English Breakdown

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

establish civil liability for furnishing alcohol to an obviously intoxicated person.

establish civil liability for furnishing alcohol to an obviously intoxicated person.

What This Bill Does

  • establish civil liability for furnishing alcohol to an obviously intoxicated person.
  • Official keyword topics: Alcoholic Beverages Penalty Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4804/Detail">Pourier</a> (prime) and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a> and Senator <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4751/Detail">Foster</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.

Bill History

  1. 2026-02-20 House Judiciary

    Deferred to the 41st legislative day

  2. 2026-02-20 House Judiciary

    Scheduled for hearing

  3. 2026-02-18 House Judiciary

    Do Pass

  4. 2026-02-18 House Judiciary

    Scheduled for hearing

  5. 2026-01-29 House of Representatives

    First read in House and referred to House Judiciary

Official Summary Text

establish civil liability for furnishing alcohol to an obviously intoxicated person.
Official keyword topics:
Alcoholic Beverages
Penalty
Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4804/Detail">Pourier</a> (prime) and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a> and Senator <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4751/Detail">Foster</a>

Current Bill Text

Read the full stored bill text
26.926.13 101st Legislative Session 1236

2026 South Dakota Legislature
House Bill 1236

Introduced by: Representative Pourier

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to establish civil liability for furnishing alcohol to an obviously intoxicated 1
person. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 35-4-78 be AMENDED: 4
35-4-78. No licensee, or any employee or agent of a licensee, may sell, or serve 5
any alcoholic beverage to any person who is obviously intoxicated. A violation of this 6
section is a Class 1 misdemeanor. 7
However, no licensee is civilly liable to any injured person or the injured person's 8
estate for any injury suffered, including any action for wrongful death, or property damage 9
suffered because of the intoxication of any person due to the sale or consumption of any 10
alcoholic beverage in violation of the provisions of this section. 11