A nonprofit fire, ambulance, or search and rescue entity organized or incorporated in the State of South Dakota and its volunteer officers and directors are immune from civil liability for any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if:

(1) The individual was acting in good faith and within the scope of such individual’s official functions and duties for the nonprofit organization or corporation; and

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Terms Used In South Dakota Codified Laws 20-9-45

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

(2) The damage or injury was not caused by gross negligence or willful and wanton misconduct by such individual.

Source: SL 2013, ch 103, § 3.