21.352.11 96th Legislative Session 765

2021 South Dakota Legislature

House Bill 1074

ENROLLED

An Act

ENTITLED An Act to limit the liability regarding authorized boiler inspections.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

34-29A-8.1. Inspection--Liability.

Any boiler inspection required by § 34-29A-7 that is performed by a special inspector authorized pursuant to § 34-29A-6 and conducted incidental to the issuance or renewal of boiler and machinery insurance, may not subject an insurer, its agents, or its employees to any liability for damages for any act or omission in the course of performing the inspection. This section does not apply if the gross negligence of the insurer, its agent, or its employee created the condition that was the proximate cause of the injury, death, or loss.

An Act to limit the liability regarding authorized boiler inspections.

I certify that the attached Act originated in the:

House as Bill No. 1074

Chief Clerk

Speaker of the House

Attest:

Chief Clerk

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1074

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State