{"id":"DUT-SD-013","kind":"duty","level":"state","jurisdiction":"South Dakota","state":"SD","metro":"","industry":"","agency":"","eco":"","issuer":"South Dakota Legislature (96th Session); signed by Governor Kristi Noem","authority":"S.D. Const. art. III; enacted as SL 2021, ch 99","instrument":"2021 House Bill 1046 (enrolled), An Act to limit liability for certain exposures to COVID-19, adding SDCL ch. 21-68","title":"Limitation of liability for exposure to COVID-19: diagnosis and intentional-exposure requirement; premises possessors; health care providers; PPE; construction; applicability to exposures between January 1, 2020 and December 31, 2022","dateIssued":"2021-02-18","effective":"2021-07-01 (no emergency clause; general effective date of 2021 session laws), applying by § 7 to exposures, injuries and claims \u0027that occur, accrue, or begin... between January 1, 2020 and December 31, 2022\u0027","end":"Applies to exposures through 2022-12-31; the chapter remains codified","startDate":"2021-07-01","endDate":"2022-12-31","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","OTHER"],"addressees":["persons generally (\u0027a natural person, corporate or common law entity, business entity... and the state and any political subdivision thereof\u0027); owners or persons in control of premises; health care providers; makers and sellers of PPE and qualified products"],"clause":"A person who possesses or is in control of a premises... shall not be liable for damages for any injuries sustained from the individual\u0027s exposure to COVID-19, whether the exposure occurs on the premises or during any activity managed by the person... unless the person... intentionally exposes the individual to COVID-19 with the intent to transmit COVID-19.","enforcement":"n/a (limitation of civil liability); § 6: the Act does not \u0027abrogate, amend, repeal, alter, or affect any statutory or common law immunity or limitation of liability\u0027 and \u0027COVID-19 is not an occupational disease under state law\u0027","functions":[],"notes":"Recorded exactly: the Act bars exposure claims \u0027unless the exposure results in a COVID-19 diagnosis and the exposure is the result of intentional exposure with the intent to transmit COVID-19\u0027 (21-68-2), bars claims against premises possessors absent intentional exposure with intent to transmit (21-68-3), immunizes health care providers for acts \u0027in response to any federal or state statute, regulation, order, or public health guidance\u0027 except \u0027gross negligence, recklessness, or willful misconduct\u0027 (21-68-4), and contains NO condition of compliance with health standards or guidance; its definition of \u0027public health guidance\u0027 as written COVID-19 guidance of the CDC, CMS, OSHA, \u0027the Office of the Governor\u0027 or \u0027any state agency, including the Department of Health\u0027 (21-68-1(11)) is the Legislature\u0027s identification of the governmental directives under which South Dakota businesses and providers had been operating since January 1, 2020.","sourceUrl":"https://mylrc.sdlegislature.gov/api/Documents/216992.pdf","snapshot":"","fileExists":true,"fileBytes":163118,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-SD","url":"/library/DUT-SD-013","exhibitUrl":"/exhibit/DUT-SD-013","citation":"South Dakota Legislature (96th Session); signed by Governor Kristi Noem, 2021 House Bill 1046 (enrolled), An Act to limit liability for certain exposures to COVID-19, adding SDCL ch. 21-68 (Feb. 18, 2021) (Ex. DUT-SD-013)","stateName":"South Dakota","related":["DUT-SD-010","DUT-SD-011","DUT-SD-014"]}