South Dakota House Bill HB1167

South Dakota 2022 Regular Session

• Introduced: 1/27/22
• Refer: 1/27/22

Caption

Expand the duty of public road repair and maintenance.

Impact

The enactment of HB1167 would have significant implications for local government operations, particularly in the area of road maintenance and public safety. By establishing liability for unaddressed road dangers, the bill encourages municipalities and governing bodies to take a more proactive approach to infrastructure maintenance. This legislative move is intended to enhance safety for all road users, especially vulnerable groups like cyclists. The potential for legal consequences may lead to increased funding or resources directed towards road maintenance to avoid liability situations.

Summary

House Bill 1167, introduced by Representative Deutsch during the 97th Legislative Session, aims to expand responsibilities related to public road repair and maintenance. The bill specifically addresses the liability of local governing bodies when it comes to dangerous or defective grates or inlets on roads that they are responsible for maintaining. If such hazards are not addressed, the governing body could be held liable for damages or injuries that occur as a result of these obstructions, particularly involving bicycle tires.

Contention

There may be points of contention surrounding the bill, particularly regarding the retroactive enforcement of the liability clause. Critics may argue that this could impose an undue financial burden on local governments, especially if existing infrastructure issues are brought to light. Supporters, however, would likely emphasize that such accountability is necessary to ensure the safety of public roadways and to protect users from preventable accidents related to road maintenance deficiencies. The debate may also extend to how local authorities can allocate resources effectively to comply with the new requirements, balancing maintenance duties with budgetary constraints.