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Ex. DUT-SD-013 Standing duty Primary source read

2021 House Bill 1046 (enrolled), An Act to limit liability for certain exposures to COVID-19, adding SDCL ch. 21-68

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

South Dakota Legislature (96th Session); signed by Governor Kristi Noem · South Dakota (State)

The COVID Project

The record

Jurisdiction
South Dakota
Level
State
Authority
S.D. Const. art. III; enacted as SL 2021, ch 99
Issued
2021-02-18 Feb. 18, 2021
Effective
2021-07-01 (no emergency clause; general effective date of 2021 session laws), applying by § 7 to exposures, injuries and claims 'that occur, accrue, or begin... between January 1, 2020 and December 31, 2022' (read as 2021-07-01)
End
Applies to exposures through 2022-12-31; the chapter remains codified (read as 2022-12-31)
In force
July 1, 2021 to Dec. 31, 2022
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
Addressees
  • persons generally ('a natural person, corporate or common law entity, business entity... and the state and any political subdivision thereof'); owners or persons in control of premises; health care providers; makers and sellers of PPE and qualified products
Character
liability shield condition
Collection
Standing duties: South Dakota DUT-SD

Operative words

A person who possesses or is in control of a premises... shall not be liable for damages for any injuries sustained from the individual's 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.

Penalty

n/a (limitation of civil liability); § 6: the Act does not 'abrogate, amend, repeal, alter, or affect any statutory or common law immunity or limitation of liability' and 'COVID-19 is not an occupational disease under state law'

What it required

Recorded exactly: the Act bars exposure claims 'unless the exposure results in a COVID-19 diagnosis and the exposure is the result of intentional exposure with the intent to transmit COVID-19' (21-68-2), bars claims against premises possessors absent intentional exposure with intent to transmit (21-68-3), immunizes health care providers for acts 'in response to any federal or state statute, regulation, order, or public health guidance' except 'gross negligence, recklessness, or willful misconduct' (21-68-4), and contains NO condition of compliance with health standards or guidance; its definition of 'public health guidance' as written COVID-19 guidance of the CDC, CMS, OSHA, 'the Office of the Governor' or 'any state agency, including the Department of Health' (21-68-1(11)) is the Legislature's identification of the governmental directives under which South Dakota businesses and providers had been operating since January 1, 2020.

Retrieval note

Unlike the Georgia, Tennessee, North Dakota and Texas shields, South Dakota's contains no compliance safe harbor; the memoranda plead it for what it says: the Legislature identified the CDC, CMS, OSHA, the Governor and the Department of Health as the sources of the 'public health guidance' in force since January 1, 2020, and protected providers for acts taken 'in response to' that guidance and to 'order[s].' Enrolled text reads 'Business entity registered pursuant to § 37-11-1' in the definition of 'Person.' Signing date from the Legislature's action log ('Signed by the Governor' 2021-02-18).