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SDPB Radio Coverage of the South Dakota Legislature. See all coverage and find links to audio and video streams live from the Capitol at www.sdpb.org/statehouse

Legislation Extends Liability Coverage to Emergency Entities

Lawmakers in Pierre want to protect emergency personnel and entities from being sued. House Bill 1151 passed the House of Representatives Tuesday afternoon with no opposition. Current law protects people providing first aid and volunteering to save lives from civil damages in an emergency situation. The proposed legislation extends that coverage to nonprofit entities assisting in emergencies cases, as long as there wasn’t any negligence or willful misconduct. Representative Tim Rounds says the bill will fix current legislation’s shortfalls.

“It has been discovered by the insurance companies that even though the individuals of these organizations have immunities—that would be the Good Samaritan law—the entity itself did not. Therefore, the entity and the board of the entity did not have immunities afforded to the individuals. This left the insurance companies with a couple of options: either charge more premium, or refuse to insure the risk,” Rounds says.

The departments that are covered under the bill include fire and police departments, emergency and first aid responders, and volunteers acting in good faith and within their capabilities.