22.868.12 97th Legislative Session 385

2022 South Dakota Legislature

House Bill 1293

ENROLLED

An Act

ENTITLED An Act to limit liability for certain child welfare agency licensees.

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

Section 1. That chapter 21-3 be amended with a NEW SECTION:

In a tort action against an entity licensed as a child welfare agency under subdivision 26-6-14(4), or against any officer, director, or employee of the entity, to recover damages for injury or loss to a person or property arising out of any act or omission within the scope of the entity's license, an award of damages may not exceed one million dollars, exclusive of interest from the date of judgment. If the limit on total damages under this section is determined to be unconstitutional, the limit only applies to noneconomic damages.

An Act to limit liability for certain child welfare agency licensees.

I certify that the attached Act originated in the:

House as Bill No. 1293

Chief Clerk

Speaker of the House

Attest:

Chief Clerk

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1293

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2022 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2022

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2022

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State