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HB 1188

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

2026 Regular Session Introduced by Tim Goodwin and 2 co-sponsors

HB 1188 defines law enforcement duties and reduces personal liability when removing disabled vehicles from South Dakota highways, rights of way, and public waters to streamline roadway safety operations.

Signed by the Governor on 2026-03-09 H.J. 534
#lawenforcement #liability #motorvehicles #trafficlaws
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Bill Summary · HB 1188

Legislative bill overview

HB 1188 clarifies the legal responsibilities and protections for law enforcement officers and other personnel when removing disabled vehicles from highways, rights of way, and public waters in South Dakota. The bill establishes what duties these officials must perform and limits their personal liability when carrying out vehicle removal operations.

Why is this important

Disabled vehicles blocking roadways create safety hazards and traffic disruptions, but removal operations can sometimes damage property or cause disputes about liability. This bill provides legal clarity to protect both the public (by ensuring removal happens) and officials (by defining reasonable liability limits), which can encourage efficient highway management and reduce costly litigation.

Potential points of contention

  • Property damage liability: The liability limits may shield officers from accountability if vehicles are damaged during removal, potentially disadvantaging vehicle owners with limited recourse
  • Definition of "disabled": The bill may lack clear criteria for when a vehicle qualifies as disabled versus improperly parked, creating discretionary enforcement situations
  • Cost recovery: Unclear whether owners of removed vehicles bear all towing and storage costs regardless of circumstances, or if exceptions exist for vehicles disabled by road hazards

Compiled from official sources — confirm details with the bill’s official record.

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