HB 1188 South Dakota House · 2026 Regular Session

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

HB 1188 clarifies that law enforcement, highway patrols, or authorized personnel must arrange for the removal of disabled vehicles (or spilled cargo) from highways, roadside areas, or public waters if they obstruct traffic or create safety hazards. Vehicle owners are responsible for all removal costs incurred by the state or local agencies. The bill limits liability for officials and removal agencies, stating they cannot be held liable for damages to the vehicle, cargo, or personal property unless there was gross negligence or willful misconduct during removal. This directly affects vehicle owners (who pay costs) and public safety officials (who gain liability protection under defined conditions).

Issues: ✓ Transportation

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House Passage

Feb 2026

Senate Passage

Mar 2026

Signed into Law

Mar 2026

Introduced Jan 29, 2026 Signed Mar 9, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

Senate Transportation Engrossed → Enrolled · 4 edits · Mar 3, 2026

MODERATE

This bill enrolls a new law limiting the liability of law enforcement and state agencies when they remove disabled vehicles from highways or public waters. It clarifies that vehicle owners are responsible for removal costs and states that officials are not liable for damages unless they act with gross negligence or willful misconduct.

Scope change

The bill expands the scope of liability protection to include the removal of disabled vehicles from public waters (lakes, rivers, etc.) in addition to highways and rights of way.

SCOPE

Added protection for law enforcement and state agencies when removing disabled boats, motor vehicles, off-road vehicles, and snowmobiles from public waters.

REQUIREMENT

Established that vehicle owners must pay for removal costs incurred by the state or political subdivisions when vehicles are disabled and obstruct traffic.

DEFINITION

Defined specific types of vehicles (boats, motor vehicles, off-road vehicles, snowmobiles) eligible for removal from public waters under the new liability protections.

TECHNICAL

Converted the legislative text from a draft version to the final enrolled version, adding signatures and certification pages required for the bill to become law.

Floor votes · Senate Feb 25, 2026 · House Mar 2, 2026

How they voted

30–3

Passed · 2 other

Total votes 35

Feb 25, 2026

D Democratic3

2 Yea 1

66% Yea

R Republican32

28 Yea 3 Nay 1

87% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 9, 2026

Signed into law

Signed by the Governor on 2026-03-09 H.J. 534

executive

Mar 4, 2026

Upper · Passed

Signed by the President S.J. 470

upper

Mar 3, 2026

Upper · Passed

Signed by the Speaker H.J. 492

upper

Mar 2, 2026

Upper · Passed

House of Representatives Concurred in amendments , Passed, YEAS 53, NAYS 12 H.J. 468

upper

Feb 25, 2026

Upper · Passed

Senate Do Pass Amended , Passed, YEAS 30, NAYS 3 S.J. 403

upper

Feb 25, 2026

Senate · Passed

Senate Vote: pass (30-3-2)

senate

Feb 24, 2026

Upper · Passed

Senate Deferred to another day , Passed, S.J. 373

upper

Feb 20, 2026

Upper · Passed

Certified uncontested, placed on consent , Passed, S.J. 17

upper

Feb 20, 2026

Upper · Passed

Transportation Do Pass Amended , Passed, YEAS 7, NAYS 0 S.J. 17

upper

Feb 20, 2026

Introduced

Transportation Motion to amend , Passed, S.J. 17 Amendment 1188B

upper

Feb 11, 2026

Introduced

First read in Senate and referred to Senate Transportation S.J. 248

upper

Feb 10, 2026

Lower · Passed

House of Representatives Do Pass Amended , Passed, YEAS 53, NAYS 13 H.J. 280

lower

Feb 5, 2026

Lower · Passed

Certified uncontested, placed on consent , Passed, H.J. 13

lower

Feb 5, 2026

Lower · Passed

Transportation Do Pass Amended , Passed, YEAS 9, NAYS 0 H.J. 13

lower

Feb 5, 2026

Introduced

Transportation Motion to amend , Passed, H.J. 13 Amendment 1188A

lower

Jan 29, 2026

Introduced

First read in House and referred to House Transportation H.J. 180

lower

3 primary · 0 co-sponsors