The civic record
Read. Follow. Verify.South Dakota Bill 1236 maintains licensee immunity from civil liability for serving alcohol to intoxicated persons
Last action · February 20, 2026: Deferred to the 41st legislative daySponsors: Peri Pourier and 2 others
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What This Bill Proposed
South Dakota House Bill 1236 explicitly bars civil lawsuits and wrongful death claims against alcohol s and their employees who serve obviously intoxicated individuals, while keeping criminal misdemeanor penalties in place.
The measure determines whether injured parties or their estates can recover financial damages through civil courts from alcohol vendors who serve visibly drunk patrons.
Who It Would Have Affected
Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.
Alcohol licensees
Alcohol licensees are explicitly protected from civil lawsuits and wrongful death claims arising from the intoxication of patrons they serve.
Injured persons or the injured person's estate
Injured individuals and their estates are barred from recovering financial damages through civil lawsuits against alcohol licensees for injuries caused by intoxicated patrons.
Key Facts
- Prohibits any licensee, employee, or agent from selling or serving alcoholic beverages to any person who is obviously intoxicated.
- Retains a Class 1 misdemeanor penalty for violating the prohibition against serving obviously intoxicated persons.
- Exempts licensees from civil liability for any injury, wrongful death, or property damage suffered by an injured person or their estate due to intoxication resulting from illegal alcohol service.
Frequently Asked Questions
Can an injured person sue a bar or liquor store in civil court if they were hurt by someone who was illegally served alcohol?
Does the bill eliminate criminal penalties for serving visibly intoxicated people?
What else do you want to know?
News Coverage
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Votes, people, money & the original sourceWhere This Stands
This bill did not become law - Died at adjournment · in House committee.
Procedural history
5 actions- Feb 20, 2026HouseDeferred to the 41st legislative day
- Feb 20, 2026HouseScheduled for hearing
- Feb 18, 2026HouseCommitteeDo Pass
- Feb 18, 2026HouseScheduled for hearing
- Jan 29, 2026HouseIntroducedFirst read in House and referred to
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Sponsors
Connected Entities
Sources
sdlegislature.gov
Analysis Score
0–100- Significance20Lowered because this bill did not pass (its text scored 60)
- Controversy65Intensity of disagreement among stakeholders
- Entertainment5Compellingness for a non-policy-wonk reader
- Buzz25Current news / social attention level
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