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Enacted

South Dakota limits liability for officers and towing agents clearing disabled vehicles and watercraft

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

Last action · March 9, 2026: Signed by the GovernorSponsors: Kent Roe and 2 others

Introduced
Committee
Floor Vote
Passed
Law

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Public stanceCommunity reactions are separate from the official record and reporting.

What This Bill Does

South Dakota law now shields law enforcement officers, state agency personnel, and authorized towing agents from liability for property damage when removing disabled vehicles, cargo, or watercraft from highways, rights-of-way, and public waters, unless or willful misconduct occurs.

Why it matters

Vehicle and watercraft owners remain financially liable for all towing and removal costs incurred by state agencies, local governments, or removal contractors, while responders are protected from property-damage claims arising during clearance operations.

Background
  • The South Dakota Legislature convenes annually for legislative sessions, during which measures relating to traffic laws, transportation, and state liability are enacted. context

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Vehicle and watercraft owners

Owners remain legally responsible for all costs incurred by the state or removal agencies when their disabled vehicle, boat, or equipment is towed from a highway, right-of-way, or public waters.

Directly affected

Law enforcement officers and state agency personnel

Officers and personnel gain statutory immunity from property damage claims when ordering or conducting the clearance of hazardous or disabled vehicles and watercraft.

Directly affected

Removal agencies and towing operators

Towing and removal contractors are protected from civil liability for damage to towed property or surrounding areas during authorized clearance operations absent gross negligence.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who can authorize the removal of a disabled vehicle from a highway under this law?
Agents of the Division of Highway Patrol, the Department of Transportation, sheriffs, or peace officers may arrange for the removal.
Are towing companies and removal agencies protected from liability under the new act?
Yes, removal agencies and persons acting at the direction of law enforcement or specified state agencies are immune from liability for property damage during removal, unless or occurs.
Who pays for the costs of removing a disabled vehicle or boat?
The owner of the motor vehicle, boat, off-road vehicle, or snowmobile is responsible for any removal costs incurred by the state, a political subdivision, or a removal agency.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Current status: Signed into law.

Procedural history

19 actions
  1. Mar 9, 2026HouseEnrolled
    Signed by the Governor
  2. Mar 5, 2026HouseEnrolled
    Delivered to the Governor
  3. Mar 4, 2026Senate
    Signed by the President
  4. Mar 3, 2026House
    Signed by the Speaker
  5. Mar 2, 2026HouseCommittee
    Concurred in amendments
  6. Feb 25, 2026SenateCommittee
    Do Pass Amended
Show 13 earlier actions
  1. Feb 24, 2026Senate
    Deferred to another day
  2. Feb 20, 2026Senate
    Certified uncontested, placed on consent
  3. Feb 20, 2026SenateCommittee
    Do Pass Amended
  4. Feb 20, 2026Senate
    Motion to amend
  5. Feb 20, 2026Senate
    Scheduled for hearing
  6. Feb 11, 2026SenateIntroduced
    First read in Senate and referred to
  7. Feb 10, 2026HouseCommittee
    Do Pass Amended
  8. Feb 9, 2026House
    Remove from Consent Calendar
  9. Feb 5, 2026House
    Certified uncontested, placed on consent
  10. Feb 5, 2026HouseCommittee
    Do Pass Amended
  11. Feb 5, 2026House
    Motion to amend
  12. Feb 5, 2026House
    Scheduled for hearing
  13. Jan 29, 2026HouseIntroduced
    First 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 →

Voting Record

Motion succeededHouse2/10/2026South Dakota LegislatureOfficial roll call ↗

Do Pass Amended

Total

70

Yes
53
No
13
Present
0
Not voting
0
Abstain
0
Other positions
4

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

Department of Game, Fish and Parks, Department of Transportation, Division of Highway Patrol
OrganizationDepartment of Game, Fish and Parks“Authorized to remove disabled watercraft and vehicles from public waters.”Map →
OrganizationDepartment of Transportation“Authorized to arrange removal of disabled vehicles and watercraft and protected ”Map →
OrganizationDivision of Highway Patrol“Authorized to arrange removal of disabled vehicles and watercraft and protected ”Map →

Sources

Open source document

sdlegislature.gov

Analysis Score

0–100
  • Significance50
    How much this matters to a regular citizen
  • Controversy10
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz15
    Current news / social attention level

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