ENTITLED, An Act to  establish certain immunity for volunteers of the statewide emergency registry of volunteers for South Dakota program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  Terms used in this Act mean:

             (1)    "Statewide Emergency Registry of Volunteers for South Dakota (SERV SD)," the state's version of the Emergency System for Advance Registration of Health Professions Volunteers authorized by Public Law 107-188, known as the Public Health Security and Bioterrorism Preparedness and Response Act of 2002;

             (2)    "Volunteer," an individual who, without the expectation of receiving compensation for services, responds to and acts in accordance with a call to service under the SERV SD program in response to a declared public health emergency as provided for in § §  34-22-41 to 34-22-44, inclusive.
     Section 2.  Any volunteer, as defined in section 1 of this Act, is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if:

             (1)    The volunteer was acting in good faith and within the scope of the volunteer's official functions; and

             (2)    The damage or injury was not caused by gross negligence or willful and wanton misconduct by the volunteer.

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An Act to establish certain immunity for volunteers of the statewide emergency registry of volunteers for South Dakota program.

========================= I certify that the attached Act originated in the SENATE as Bill No. 37 ____________________________ Secretary of the Senate =========================      ____________________________ President of the Senate Attest: ____________________________ Secretary of the Senate ____________________________ Speaker of the House Attest: ____________________________ Chief Clerk Senate Bill No. 37 File No. ____ Chapter No. ______

========================= Received at this Executive Office this _____ day of _____________ , 20____ at ____________ M. By _________________________ for the Governor ========================= The attached Act is hereby approved this ________ day of ______________ , A.D., 20___ ____________________________ Governor ========================= STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________ , 20___ at _________ o'clock __ M. ____________________________ Secretary of State By _________________________ Asst. Secretary of State