HB 1236

 26.926.13  101st Legislative Session  1236
                                         2026 South Dakota Legislature
                                                 House Bill 1236
 Introduced by: Representative Pourier
1 An Act to establish civil liability for furnishing alcohol to an obviously intoxicated
2person.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That § 35-4-78 be AMENDED:
535-4-78. No licensee, or any employee or agent of a licensee, may sell, or serve
6     any alcoholic beverage to any person who is obviously intoxicated. A violation of this
7     section is a Class 1 misdemeanor.
8However, no licensee is civilly liable to any injured person or the injured person's
9     estate for any injury suffered, including any action for wrongful death, or property damage
10     suffered because of the intoxication of any person due to the sale or consumption of any
11     alcoholic beverage in violation of the provisions of this section.
                                                                               Underscores indicate new language.
                                                                             Overstrikes indicate deleted language.