South DakotaHB 1188101st South Dakota Legislature (2026)House

limit the liability of law enforcement officers and others when removing a disabled vehicle from a highway, a right of way, or public waters.

Sponsored By: Roe, Kent (Republican), Sauder, Stephanie (Republican)

Signed by Governor

Law EnforcementLiabilityMotor VehiclesTraffic Laws

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Owners pay removal costs, face damage limits

Highway Patrol, transportation officials, sheriffs and peace officers can arrange to move disabled vehicles to a garage or safe place. This applies when drivers cannot promptly arrange removal from highway lanes or rights of way, or vehicles create traffic hazards. They can also remove spilled cargo or occupants’ belongings that could block traffic or threaten safety. For public safety, these officials, wildlife agency personnel and crews working under their direction can remove disabled vehicles from public waters. This covers boats, motor vehicles, off-road vehicles and snowmobiles. Owners must pay removal costs incurred by state or local governments or removal agencies working for them. Officials and authorized removal crews are shielded from claims for damage to vehicles, cargo, occupants’ or operators’ belongings, and surrounding areas. This protection does not cover gross negligence—extreme carelessness—or willful and wanton misconduct.

Sponsors & Cosponsors

Sponsors

  • Roe, Kent

    Republican • House

  • Sauder, Stephanie

    Republican • Senate

Cosponsors

  • Goodwin, Tim

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 152 • No: 28

House vote • 3/2/2026

Concurred in amendments

Yes: 53 • No: 12

Senate vote • 2/25/2026

Do Pass Amended

Yes: 30 • No: 3

Senate vote • 2/20/2026

Do Pass Amended

Yes: 7 • No: 0

House vote • 2/10/2026

Do Pass Amended

Yes: 53 • No: 13

House vote • 2/5/2026

Do Pass Amended

Yes: 9 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/9/2026House
  2. Delivered to the Governor

    3/5/2026House
  3. Signed by the President

    3/4/2026Senate
  4. Signed by the Speaker

    3/3/2026House
  5. House of Representatives Concurred in amendments, Passed, YEAS 53, NAYS 12

    3/2/2026House
  6. Senate Do Pass Amended, Passed, YEAS 30, NAYS 3

    2/25/2026Senate
  7. Senate Deferred to another day, Passed

    2/24/2026Senate
  8. Certified uncontested, placed on consent

    2/20/2026Senate
  9. Senate Transportation Do Pass Amended, Passed, YEAS 7, NAYS 0

    2/20/2026Senate
  10. Senate Transportation Motion to amend, Passed

    2/20/2026Senate
  11. Scheduled for hearing

    2/20/2026Senate
  12. First read in Senate and referred to Senate Transportation

    2/11/2026Senate
  13. House of Representatives Do Pass Amended, Passed, YEAS 53, NAYS 13

    2/10/2026House
  14. Remove from Consent Calendar

    2/9/2026House
  15. Certified uncontested, placed on consent

    2/5/2026House
  16. House Transportation Do Pass Amended, Passed, YEAS 9, NAYS 0

    2/5/2026House
  17. House Transportation Motion to amend, Passed

    2/5/2026House
  18. Scheduled for hearing

    2/5/2026House
  19. First read in House and referred to House Transportation

    1/29/2026House

Bill Text

  • Introduced

    1/28/2026

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