Any agent of the Division of Highway Patrol, the Department of Transportation, the Department of Game, Fish and Parks, any sheriff or peace officer of this state, and any removal agency or other person acting at the direction of law enforcement or any state agency personnel specified in this section, may, in the interest of public safety, remove from the public waters of this state a disabled: (1) Boat, as defined in § 32-3A-2 ; (2) Motor vehicle, as defined in § 32-5-1 ; (3) Off-road vehicle, as defined in § 32-20-1 ; and (4) Snowmobile, as defined in § 32-20A-1 . The owner of the boat, motor vehicle, off-road vehicle, or snowmobile, is responsible for any costs of removal incurred by the state, any political subdivision of the state, or any removal agency acting on behalf of the state or a political subdivision thereof. Absent gross negligence or willful and wanton misconduct in removing a boat, motor vehicle, off-road vehicle, or snowmobile, and its cargo, no agent of the Division of Highway Patrol, the Department of Transportation, the Department of Game, Fish and Parks, and no removal agency or other person acting under the direction of law enforcement or any state agency personnel specified in this section, is liable for damages to the disabled boat, motor vehicle, off-road vehicle, or snowmobile, or to its cargo, the personal property of the operator, or the surrounding area.
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