Chapter 58

(House Bill 1293)

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.

Signed March 18, 2022

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.