Changes to Existing Law

26.677.28 26.677.29 101st Legislative Session 1188 2026 South Dakota Legislature House Bill 1188 HOUSE TRANSPORTATION ENGROSSED Introduced by: Representative Roe Underscores indicate new language. Overstrikes indicate deleted language. An Act to clarify the duties and limit the liability of law enforcement officers and 1 others when removing a disabled vehicle from a highway, a right of way, or 2 public waters. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That a NEW SECTION be added to chapter 32-30: 5 If the driver or person in charge of a disabled motor vehicle is unable to 6 expeditiously arrange for the removal of the vehicle from the main-traveled portion of a 7 highway pursuant to § 32-30-4, or from the right of way, or if a vehicle is an obstruction 8 or hazard to traffic pursuant to § 32-30-14, any agent of the Division of Highway Patrol, 9 the Department of Transportation, a sheriff, or a peace officer of this state must may arrange 10 for the removal of the vehicle to a garage or place of safety, pursuant to § 32-30-13. That 11 person must may also arrange for removal from the highway or right of way of any spilled cargo 12 cargo or other personal property belonging to the occupants of the motor vehicle, which could 13 could obstruct traffic or present a safety hazard. 14 The owner of the motor vehicle is responsible for any costs of removal incurred by 15 the state or any political subdivision of the state. 16 Absent gross negligence or willful and wanton misconduct in removing the vehicle 17 and its cargo, no agent of the Division of Highway Patrol, the Department of 18 Transportation, a sheriff, or a peace officer of this state, and no removal agency as defined 19 by § 32-36-2, or other person acting on behalf of any agent of the Division of Highway 20 Patrol, the Department of Transportation, a sheriff, or a peace officer of this state, is liable 21 for damages to the disabled motor vehicle, its cargo, the personal property of the motor 22 vehicle's occupants, or the surrounding area. 23 Section 2. That a NEW SECTION be added to chapter 32-30: 24 26.677.28 26.677.29 2 1188 Underscores indicate new language. Overstrikes indicate deleted language. Any agent of the Division of Highway Patrol, the Department of Transportation, the 1 Department of Game, Fish and Parks, any sheriff or peace officer of this state, and any 2 removal agency or other person acting at the direction of law enforcement or any state 3 agency personnel specified in this section, may, in the interest of public safety, remove 4 from the public waters of this state a disabled: 5 (1) Boat, as defined in § 32-3A-2; 6 (2) Motor vehicle, as defined in § 32-5-1; 7 (3) Off-road vehicle, as defined in § 32-20-1; and 8 (4) Snowmobile, as defined in § 32-20A-1. 9 The owner of the boat, motor vehicle, off-road vehicle, or snowmobile, is 10 responsible for any costs of removal incurred by the state or any political subdivision of 11 the state. 12 Absent gross negligence or willful and wanton misconduct in removing a boat, 13 motor vehicle, off-road vehicle, or snowmobile, and its cargo, no agent of the Division of 14 Highway Patrol, the Department of Transportation, the Department of Game, Fish and 15 Parks, and no removal agency or other person acting under the direction of law 16 enforcement or any state agency personnel specified in this section, is liable for damages 17 to the disabled boat, motor vehicle, off-road vehicle, or snowmobile, or to its cargo, the 18 personal property of the operator, or the surrounding area. 19

26.677.29 26.677.30 101st Legislative Session 1188 2026 South Dakota Legislature House Bill 1188 HOUSE SENATE TRANSPORTATION ENGROSSED Introduced by: Representative Roe Underscores indicate new language. Overstrikes indicate deleted language. An Act to clarify the duties and limit the liability of law enforcement officers and 1 others when removing a 1 disabled vehicle from a highway, a right of way, or 2 public waters. 3 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 3 Section 1. That a NEW SECTION be added to chapter 32-30: 5 4 If the driver or person in charge of a disabled motor vehicle is unable to 6 5 expeditiously arrange for the removal of the vehicle from the main-traveled portion of a 7 6 highway pursuant to § 32-30-4, or from the right of way, or if a vehicle is an obstruction 8 7 or hazard to traffic pursuant to § 32-30-14, any agent of the Division of Highway Patrol, 9 8 the Department of Transportation, a sheriff, or a peace officer of this state may arrange 10 9 for the removal of the vehicle to a garage or place of safety, pursuant to § 32-30-13. That 11 10 person may also arrange for removal from the highway or right of way of any spilled cargo 12 11 or other personal property belonging to the occupants of the motor vehicle, which could 13 12 obstruct traffic or present a safety hazard. 14 13 The owner of the motor vehicle is responsible for any costs of removal incurred by 15 14 the state or state, any political subdivision of the state. state, or any removal agency acting on behalf of 15 the state or a political subdivision thereof. 16 Absent gross negligence or willful and wanton misconduct in removing the vehicle 17 and its cargo, no agent of the Division of Highway Patrol, the Department of 18 Transportation, a sheriff, or a peace officer of this state, and no removal agency as defined 19 by § 32-36-2, or other person acting on behalf of any agent of the Division of Highway 20 Patrol, the Department of Transportation, a sheriff, or a peace officer of this state, is liable 21 for damages to the disabled motor vehicle, its cargo, the personal property of the motor 22 vehicle's occupants, or the surrounding area. 23 Section 2. That a NEW SECTION be added to chapter 32-30: 24 26.677.29 26.677.30 2 1188 Underscores indicate new language. Overstrikes indicate deleted language. Any agent of the Division of Highway Patrol, the Department of Transportation, the 1 Department of Game, Fish and Parks, any sheriff or peace officer of this state, and any 2 removal agency or other person acting at the direction of law enforcement or any state 3 agency personnel specified in this section, may, in the interest of public safety, remove 4 from the public waters of this state a disabled: 5 (1) Boat, as defined in § 32-3A-2; 6 (2) Motor vehicle, as defined in § 32-5-1; 7 (3) Off-road vehicle, as defined in § 32-20-1; and 8 (4) Snowmobile, as defined in § 32-20A-1. 9 The owner of the boat, motor vehicle, off-road vehicle, or snowmobile, is 10 responsible for any costs of removal incurred by the state or state, any political subdivision of the 11 state, or any removal agency acting on behalf of the state. state or a political subdivision thereof. 12 Absent gross negligence or willful and wanton misconduct in removing a boat, 13 motor vehicle, off-road vehicle, or snowmobile, and its cargo, no agent of the Division of 14 Highway Patrol, the Department of Transportation, the Department of Game, Fish and 15 Parks, and no removal agency or other person acting under the direction of law 16 enforcement or any state agency personnel specified in this section, is liable for damages 17 to the disabled boat, motor vehicle, off-road vehicle, or snowmobile, or to its cargo, the 18 personal property of the operator, or the surrounding area. 19

26.677.30 26.677.31 101st Legislative Session 1188 2026 South Dakota Legislature House Bill 1188 SENATE TRANSPORTATION ENGROSSED Introduced by: Representative Roe Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to limit the liability of law enforcement officers and others when removing a 1 disabled vehicle from a highway, a right of way, or public waters. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 32-30: 4 If the driver or person in charge of a disabled motor vehicle is unable to 5 expeditiously arrange for the removal of the vehicle from the main-traveled portion of a 6 highway pursuant to § 32-30-4, or from the right of way, or if a vehicle is an obstruction 7 or hazard to traffic pursuant to § 32-30-14, any agent of the Division of Highway Patrol, 8 the Department of Transportation, a sheriff, or a peace officer of this state may arrange 9 for the removal of the vehicle to a garage or place of safety, pursuant to § 32-30-13. That 10 person may also arrange for removal from the highway or right of way of any spilled cargo 11 or other personal property belonging to the occupants of the motor vehicle, which could 12 obstruct traffic or present a safety hazard. 13 The owner of the motor vehicle is responsible for any costs of removal incurred by 14 the state, any political subdivision of the state, or any removal agency acting on behalf of 15 the state or a political subdivision thereof. 16 Absent gross negligence or willful and wanton misconduct in removing the vehicle 17 and its cargo, no agent of the Division of Highway Patrol, the Department of 18 Transportation, a sheriff, or a peace officer of this state, and no removal agency as defined 19 by § 32-36-2, or other person acting on behalf of any agent of the Division of Highway 20 Patrol, the Department of Transportation, a sheriff, or a peace officer of this state, is liable 21 for damages to the disabled motor vehicle, its cargo, the personal property of the motor 22 vehicle's occupants, or the surrounding area. 23 Section 2. That a NEW SECTION be added to chapter 32-30: 24 26.677.30 26.677.31 2 1188 Underscores indicate new language. Overstrikes indicate deleted language. HB1188 ENROLLED Any agent of the Division of Highway Patrol, the Department of Transportation, the 1 Department of Game, Fish and Parks, any sheriff or peace officer of this state, and any 2 removal agency or other person acting at the direction of law enforcement or any state 3 agency personnel specified in this section, may, in the interest of public safety, remove 4 from the public waters of this state a disabled: 5 (1) Boat, as defined in § 32-3A-2; 6 (2) Motor vehicle, as defined in § 32-5-1; 7 (3) Off-road vehicle, as defined in § 32-20-1; and 8 (4) Snowmobile, as defined in § 32-20A-1. 9 The owner of the boat, motor vehicle, off-road vehicle, or snowmobile, is 10 responsible for any costs of removal incurred by the state, any political subdivision of the 11 state, or any removal agency acting on behalf of the state or a political subdivision thereof. 12 Absent gross negligence or willful and wanton misconduct in removing a boat, 13 motor vehicle, off-road vehicle, or snowmobile, and its cargo, no agent of the Division of 14 Highway Patrol, the Department of Transportation, the Department of Game, Fish and 15 Parks, and no removal agency or other person acting under the direction of law 16 enforcement or any state agency personnel specified in this section, is liable for damages 17 to the disabled boat, motor vehicle, off-road vehicle, or snowmobile, or to its cargo, the 18 personal property of the operator, or the surrounding area. 19 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