ENTITLED An Act to limit the liability of permit and certificate-issuing entities and certified use of force instructors.

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

Section 1. That   23-7-7.2 be AMENDED:

23-7-7.2. An authority that issued a permit to carry a concealed pistol in accordance with this chapter is not liable to any person or a person's estate for any injury suffered, including wrongful death, or for any damages, because the authority issued the permit.

Section 2. That   23-7-59 be AMENDED:

23-7-59. The Division of Criminal Investigation shall, at least once every six months, offer a course that is focused on the use of force, including applicable state laws, and open to National Rifle Association certified pistol instructors. The Division of Criminal Investigation shall develop the use of force course and promulgate rules, pursuant to chapter 1-26, to:

(1) Establish course standards for instructors seeking the issuance of an initial certificate of completion;

(2) Establish course standards for instructors seeking the renewal of a certificate;

(3) Establish a course fee not to exceed one hundred fifty dollars; and

(4) Provide for implementation of the course.

The Division of Criminal Investigation is not liable to any person or the person's estate for any injury suffered, including wrongful death, or for any damages, because the division issued a certificate of completion under this section.

Section 3. That chapter 23-7 be amended with a NEW SECTION:

An instructor, certified in accordance with   23-7-59, is not liable for any personal injury, wrongful death, or damages, resulting from the conduct, acts, or omissions of a current or former student handling a firearm, unless the instructor, during the course of providing instruction, engaged in gross negligence or willful or wanton misconduct.

An Act to limit the liability of permit and certificate-issuing entities and certified use of force instructors.

I certify that the attached Act originated in the: House as Bill No. 1222 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1222 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2023 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2023 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2023 at _________ o'clock __M. Secretary of State By Asst. Secretary of State

Statutes affected:
Introduced, 02/01/2023: 23-7-7.2, 23-7-59
House Judiciary Engrossed, 02/06/2023: 23-7-7.2, 23-7-59
Enrolled, 02/23/2023: 23-7-7.2, 23-7-59