Printer FriendlyHB 1151 extend general immunity from liability for directors and offic...
ENTITLED, An Act to extend general immunity from liability for directors and officers of certain
nonprofit fire and ambulance departments and to limit certain actions for personal injury or
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 20-9-4.1 be amended to read as follows:
20-9-4.1. No peace officer, conservation officer, member of any fire department, police
department and their first aid, rescue or emergency squad, or any citizen acting as such as a
volunteer, or any other person is liable for any civil damages as a result of their acts of commission
or omission arising out of and in the course of their rendering in good faith, any emergency care and
services during an emergency which is in their judgment indicated and necessary at the time. Such
relief from liability for civil damages extends to the operation of any motor vehicle in connection
with any such care or services.
Nothing in this section grants any relief to any person causing any damage by his willful, wanton
or reckless act of commission or omission.
Section 2. That chapter 20-9 be amended by adding thereto a NEW SECTION to read as follows:
Any action for recovery of damages for personal injury or death caused by the negligence of
directors and officers of a nonprofit fire, ambulance, or search and rescue entity organized or
incorporated in the State of South Dakota, or its employees and volunteers authorized by the
nonprofit organization at the time of the alleged negligent act shall be commenced within two years
from the occurrence of the accident causing the injury or death. This section applies whether such
person is classified, unclassified, licensed, certified, permanent, temporary, compensated, or not
Section 3. That chapter 20-9 be amended by adding thereto a NEW SECTION to read as follows:
A nonprofit fire, ambulance, or search and rescue entity organized or incorporated in the State
of South Dakota and its volunteer officers and directors are immune from civil liability for any action
brought in any court in this state on the basis of any act or omission resulting in damage or injury
(1) The individual was acting in good faith and within the scope of such individual's official
functions and duties for the nonprofit organization or corporation; and
(2) The damage or injury was not caused by gross negligence or willful and wanton
misconduct by such individual.
An Act to extend general immunity from liability for directors and officers of certain nonprofit fire
and ambulance departments and to limit certain actions for personal injury or death.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1151
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1151
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State