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CHAPTER 33-15

EMERGENCY MANAGEMENT [TRANSFERRED AND REPEALED]

33-15-1 to 33-15-3. Transferred.
33-15-4      Repealed.
33-15-5      Transferred.
33-15-6      Superseded.
33-15-7      Repealed.
33-15-8 to 33-15-11.6. Transferred.
33-15-12      Repealed.
33-15-13      Transferred.
33-15-14, 33-15-15. Repealed.
33-15-16 to 33-15-18.2. Transferred.
33-15-19      Repealed.
33-15-20 to 33-15-22. Transferred.
33-15-22.1      Repealed.
33-15-23 to 33-15-24.1. Transferred.
33-15-24.2      Transferred.
33-15-24.3 to 33-15-24.6. Transferred.
33-15-24.7      Repealed.
33-15-24.8      Transferred.
33-15-24.9      Repealed.
33-15-25 to 33-15-27. Transferred.
33-15-28      Repealed.
33-15-29      Transferred.
33-15-30      Repealed.
33-15-31 to 33-15-39. Transferred.
33-15-40      Repealed.
33-15-41      Transferred.
33-15-42, 33-15-43. Repealed.
33-15-44      Transferred.
33-15-45 to 33-15-47. Repealed.
33-15-48      Transferred.


     33-15-1 to 33-15-3.   Transferred to §§ 34-48A-1 to 34-48A-3.


     33-15-2.   Policy and purpose. In order to ensure that preparation of this state will be adequate to deal with an emergency or disaster, and to provide for the common defense and to protect the public peace, health, and safety and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:
             (1)      To create a Division of Emergency Management, and to authorize the creation of local organizations for emergency management in the political subdivisions of the state;
             (2)      To confer upon the Governor, the secretary and upon the executive heads or governing bodies of the political subdivision of the state the emergency powers provided by this chapter;
             (3)      To provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government for the carrying out of emergency management functions; and
             (4)      To cooperate with each association, authority, board, commission, committee, council, department, division, office officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. This subdivision does not include the legislative or judicial branch of the state, of its units of local government, or of Indian tribes.

Source: SL 1949, ch 236, § 2; SL 1951, ch 285, § 2; SL 1953, ch 288, § 2; SL 1955, ch 236, § 1; SDC Supp 1960, § 41.01C02 (1); SL 1977, ch 271, § 2; SL 1992, ch 236, § 2; SL 2004, ch 17, § 186.


     33-15-3.   Coordination with federal government--Cooperation with other agencies. It is further declared to be the purpose of this chapter and the policy of the state that all emergency management of this state shall be coordinated to the maximum extent and shall cooperate with the federal government including its various departments and agencies, with other states and localities, and with private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur.

Source: SL 1949, ch 236, § 2; SL 1951, ch 285, § 2; SDC Supp 1960, § 41.01C02 (2); SL 1977, ch 271, § 3.


     33-15-4.   Repealed by SL 1977, ch 271, § 42.


     33-15-5.   Transferred to § 34-48A-4.


     33-15-6.   Superseded.


     33-15-7.   Repealed by SL 1977, ch 271, § 42.


     33-15-8 to 33-15-11.6.   Transferred to §§ 34-48A-5 to 34-48A-18.


     33-15-8.1.   Emergency co-ordination of resources by Governor. Whenever the Governor in pursuance to § 33-15-8 shall declare an emergency or disaster to exist within the state, he may authorize and direct the resources of any political subdivision of the state or of any department, commission, or agency of the state to assist another political subdivision with such resources.

Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, § 1; SL 1977, ch 271, § 5.


     33-15-8.2.   Powers and duties of workers from sending political subdivision. Any emergency management worker on duty in a receiving political subdivision has the same powers, duties, rights, privileges, and immunities as if the worker was performing like services in the sending political subdivision and is considered to be acting within the scope and in the course of the worker's regular employment, as an employee of the sending political subdivision.

Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, § 1; SL 1977, ch 271, § 36; SL 1992, ch 236, § 3.


     33-15-8.3.   Reimbursement between political subdivisions co-operating. The receiving political subdivision shall reimburse the sending political subdivision for all supplies used, the expenses of all equipment used, and the compensation paid to all officers and members of such forces so furnished during such time as the rendition of such aid prevents them from performing their duties in the sending political subdivision, for the actual traveling and maintenance expenses of such officers and members while rendering such aid, and the costs of all insurance covering such officers and members while so engaged, and any damage or loss to equipment or supplies furnished while so engaged. Any claim for such reimbursement, loss, damage, or expense in the use of equipment or supplies or for additional expenses incurred in the operation or maintenance thereof shall not be allowed unless within ninety days after the same is sustained or incurred an itemized notice of such claim, verified by an officer or employee of the sending political subdivision, having knowledge of the facts, is filed with the clerk or auditor of the receiving political subdivision.

Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, § 1.


     33-15-9.   Power to make orders. In performing his duties under this chapter, and to effect its policy and purpose, the Governor is further authorized and empowered to make, amend, and rescind the necessary orders to carry out the provisions of this chapter within the limits of the authority conferred upon him herein, with due consideration of the plans of the federal government.

Source: SL 1949, ch 236, § 6; SL 1951, ch 285, § 6; SDC Supp 1960, § 41.01C05 (2) (a); SL 1977, ch 272, § 1; SL 1986, ch 272, § 15.


     33-15-9.1.   Special permits for emergency movement of persons and property in lieu of other permits. The Governor may, by executive order, provide for the issuance of special permits for the movement of persons, commodities, and equipment in the event of disaster or impending disaster from any cause to the extent that the civilian or livestock population, or any part thereof, will be deprived of necessary, and essential food, fuel, supplies, and equipment. The special permits herein provided shall be issued without fee and shall be in lieu of compensation for the unusual use of the highways and in lieu of those permits required by §§ 10-47A-65 and 32-22-38.

Source: SDCL, § 33-15-9 as enacted by SL 1977, ch 272, § 1; SL 1989, ch 117, §§ 65, 76.


     33-15-10.   Preparation of comprehensive plan--Coordination with federal plan. The secretary is directed to prepare a comprehensive plan and program for the emergency management of this state. The plan and program shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and shall coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, which shall be integrated into and coordinated with the emergency management plan and program of this state to the fullest possible extent.

Source: SL 1949, ch 236, § 6; SL 1951, ch 285, § 6; SDC Supp 1960, § 41.01C05 (2) (b); SL 1977, ch 271, § 11; SL 2004, ch 17, § 187.


     33-15-11.   Contents of plan--Supplies and equipment--Cooperation with federal government--Agreements with other states--Distribution and allocation--Training and information programs. The secretary may with the approval of the Governor and in accordance with the plan and program for emergency management of this state:
             (1)      Procure supplies and equipment;
             (2)      Cooperate with the federal government, or any agency thereof, and to enter into agreements with any state of the United States or subdivision thereof or with any private agency therein for the procurement of food, fuel, supplies, and equipment necessary for civilian use;
             (3)      Provide for the distribution and allocation thereof to the inhabitants of this state in a manner consistent with the needs and requirements of the civil population thereof; and
             (4)      Institute training programs and public information programs, and take all other preparatory steps including the partial or full mobilization of emergency management organizations in advance of actual disaster, to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.

Source: SL 1949, ch 236, § 6; SL 1951, ch 285, § 6; SDC Supp 1960, § 41.01C05 (2) (c); SL 1977, ch 271, § 12; SL 2004, ch 17, § 188.


     33-15-11.1.   Municipalities to provide contact list of public officials to Division of Emergency Management--Contents. No later than July first of each year, each municipal governing body as defined by subdivision 9-1-1(4), shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the municipal governing board and the mayor at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; home, business, and other personal addresses; employer's name and telephone number; and home, business, and other personal email or internet addresses.

Source: SL 2002, ch 163, § 1; SL 2004, ch 17, § 189.


     33-15-11.2.   Municipalities to provide contact list of certain public employees to Division of Emergency Management. In addition to the information required in § 33-15-11.1, each municipal governing body shall provide to the Department of Public Safety, Division of Emergency Management contact information for the municipal employees responsible for the following functions if the municipality employs a person in such a capacity:
             (1)      City administrator or city manager;
             (2)      Building inspection;
             (3)      Engineering;
             (4)      Electrical;
             (5)      Fire;
             (6)      Police and law enforcement;
             (7)      Public works;
             (8)      Streets and highways;
             (9)      Sewer and waste water;
             (10)      Water;
             (11)      Telephone;
             (12)      Utilities;
             (13)      Emergency services or civil defense;
             (14)      Coroner; and
             (15)      911 coordinator.

Source: SL 2002, ch 163, § 2; SL 2004, ch 17, § 190.


     33-15-11.3.   County commission to provide contact list of public officers and employees to Division of Emergency Management--Contents. No later than January thirty-first of each year, each county commission shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the county commission, the county auditor, the county sheriff, the county coroner, and the state's attorney at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; home, business, and other personal addresses; employer's name and telephone number; and home, business, and other personal email or internet addresses.
     The county commission shall also provide information on any employee of the county responsible for any of the functions listed in § 33-15-11.2.

Source: SL 2002, ch 163, § 3; SL 2004, ch 17, § 191.


     33-15-11.4.   Boards of supervisors to provide contact list of public officers and employees to Division of Emergency Management--Contents. No later than March thirty-first of each year, each township board of supervisors shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach each member of the board of supervisors, the township constable, and the township clerk at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; and home, business, and other personal addresses; employer's name and telephone number; home, business, and other personal email or internet addresses.
     The board of township supervisors shall also provide information on any employee of the township responsible for any of the functions listed in § 33-15-11.2.
     Any township with fewer than ten registered voters in the township is exempted from the provisions of §§ 33-15-11.1 to 33-15-11.6, inclusive.

Source: SL 2002, ch 163, § 4; SL 2004, ch 17, § 192.


     33-15-11.5.   Department of Public Safety to promulgate rules for emergency reporting procedures. The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26, to establish reporting procedures pursuant to §§ 33-15-11.1 to 33-15-11.6, inclusive, and to require any other information that is reasonably expected to provide the ability for any emergency agency in this state to contact local officials in the event of an emergency.

Source: SL 2002, ch 163, § 5; SL 2003, ch 272, § 110.


     33-15-11.6.   Confidentiality of information. The information provided pursuant to §§ 33-15-11.1 to 33-15-11.6, inclusive, shall remain confidential and may only be used for emergency purposes.

Source: SL 2002, ch 163, § 6.


     33-15-12.   Repealed by SL 1977, ch 271, § 42.


     33-15-13.   Transferred to § 34-48A-19.


     33-15-14, 33-15-15.   Repealed by SL 1977, ch 271, § 42.


     33-15-16 to 33-15-18.2.   Transferred to §§ 34-48A-20 to 34-48A-24.


     33-15-17.   Assignment of workers to reinforce local organization--Call to duty--Place of duty. The secretary may assign emergency management workers, to be controlled by the secretary, as may be necessary to reinforce emergency management organizations in stricken areas. Emergency management workers shall be called to duty by orders of the secretary and shall perform their functions in any part of the state or without the state in compliance with mutual aid agreements.

Source: SL 1949, ch 236, § 7; SL 1951, ch 285, § 7; SDC Supp 1960, § 41.01C06 (1); SL 1977, ch 271, § 16; SL 1992, ch 236, § 4; SL 2004, ch 17, § 195.


     33-15-18.   Emergency management workers--Rights, duties, and compensation. An emergency management worker while on duty, whether within or without the state, shall:
             (1)      If the worker is an employee of the state, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to the worker's employment;
             (2)      If the worker is an employee of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to the worker's employment;
             (3)      If the worker is not an employee of the state or a political subdivision thereof, be compensated by the state at a rate set by rules promulgated pursuant to chapter 1-26 by the secretary, and have the same rights and immunities as are provided by law for the employees of this state; and
             (4)      Be subject to the operational control of the authority in charge of emergency management activities in the area in which the worker is now serving.

Source: SL 1949, ch 236, § 7; SL 1951, ch 285, § 7; SDC Supp 1960, § 41.01C06 (2); SL 1977, ch 271, § 34; SL 1986, ch 272, § 16; SL 1992, ch 236, § 5; SL 2004, ch 17, § 196.


     33-15-18.1.   Civil immunity of persons requested to assist with hazardous material incidents--Exceptions. A person who provides assistance at the request of any emergency management agency in the event of an accident or other emergency situation involving the use, handling, transportation, transmission, or storage of hazardous material defined in subdivision 33-15-1(6) is not liable in any civil action for damages as a result of his acts of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission which takes place without the request of an emergency management agency.

Source: SL 1980, ch 235, § 1; SL 1987, ch 29, § 16; SL 1992, ch 236, § 6.


     33-15-18.2.   Scope of immunity extends to employers and other responsible parties. The immunity granted by § 33-15-18.1 shall extend to the employer of the person rendering such assistance, and to any other person, employer, partnership, or corporation legally responsible for the acts or omissions of such individual.

Source: SL 1980, ch 235, § 2.


     33-15-19.   Repealed by SL 1977, ch 271, § 42.


     33-15-20 to 33-15-22.   Transferred to §§ 34-48A-25 to 34-48A-27.


     33-15-21.   Duty to utilize already existing facilities. The Governor, the secretary, and the executive officers or governing bodies of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies. Such departments, offices, and agencies shall cooperate with and extend such services and facilities to the Governor, the secretary and to the emergency management organizations of the state upon request. A local political subdivision must exhaust its available resources prior to obtaining assistance from another political subdivision. The state must exhaust all available governmental resources prior to obtaining private resources.

Source: SL 1949, ch 236, § 12; SL 1951, ch 285, § 12; SDC Supp 1960, § 41.01C11; SL 1977, ch 271, § 15; SL 2004, ch 17, § 197.


     33-15-22.   Secretary of public safety responsible for carrying out emergency management program. The secretary of public safety, subject to the direction and control of the Governor, is responsible for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperation with emergency management agencies and organizations of other states and of the federal government.

Source: SL 1949, ch 236, § 4; SL 1951, ch 285, § 4; SDC Supp 1960, § 41.01C04 (4); SL 1977, ch 271, § 8; SL 1992, ch 236, § 8; SL 2003, ch 272, § 111.


     33-15-22.1.   Repealed by SL 1986, ch 272, § 17.


     33-15-23 to 33-15-24.1.   Transferred to §§ 34-48A-28 to 34-48A-30.


     33-15-24.   Credits to fund--Expenditures from fund. All collections, donations, bequests, or funds, received by way of gift, grant, or loan, for the purposes of emergency management shall be credited to the fund created by § 33-15-23 and shall be expended therefrom in accordance with that section.

Source: SL 1955, ch 236, § 4; SDC Supp 1960, § 41.01C15; SL 1977, ch 271, § 25.


     33-15-24.1.   Minimum local effort required for state aid. In order to qualify for state financial assistance to meet the costs of an emergency or disaster declared by the Governor, a county shall meet the minimum standard of local effort as specified in subdivision 33-15-1(7).

Source: SL 1969, ch 247, § 2; SDCL Supp, § 33-15-24.2; SL 1977, ch 271, § 26; SL 1987, ch 29, § 17.


     33-15-24.2.   Transferred to § 34-48A-30.


     33-15-24.3 to 33-15-24.6.   Transferred to §§ 34-48A-31 to 34-48A-34.


     33-15-24.4.   Amount of state financial assistance--Additional assistance authorized. In those counties in which the Governor has officially declared an emergency or disaster and in which local effort requirements have been met, the state will provide financial assistance for such additional operational costs needed for the particular emergency or disaster situation up to a maximum of sixty percent of additional local effort expenditures; provided, however, that the Governor upon finding it necessary for the preservation of life and property may authorize additional state financial assistance.

Source: SL 1969, ch 247, § 3; SL 1977, ch 271, § 28.


     33-15-24.5.   State financial assistance paid from special emergency and disaster special revenue fund--Vouchers. The state financial assistance provided by § 33-15-24.4 may be paid and advanced from the funds appropriated to the special emergency and disaster special revenue fund upon vouchers executed by the county treasurer and approved by the secretary.

Source: SL 1969, ch 247, § 4; SL 1977, ch 271, § 29; SL 2004, ch 17, § 198.


     33-15-24.6.   Estimates of costs and certification of county needs--Excess assistance payments revert to fund. The county commissioners of such counties shall prepare detailed estimates of the additional operational costs which they anticipate will be needed to meet the costs of the emergency or disaster within the limitations of §§ 33-15-24.1 to 33-15-24.8, inclusive, and shall from time to time certify the needs of the county to the county treasurer who shall submit the necessary vouchers for the advances and payment provided by § 33-15-24.5. Any advance which is in excess of the actual needs of the county and actual expenditures thereby for allowable costs shall be returned to the state and reverted to the emergency and disaster special revenue fund.

Source: SL 1969, ch 247, § 4; SL 1977, ch 271, § 30; SL 1980, ch 26, § 25; SL 1992, ch 236, § 10.


     33-15-24.7.   Repealed by SL 1977, ch 271, § 42.


     33-15-24.8.   Transferred to § 34-48A-35.


     33-15-24.9.   Repealed by SL 1977, ch 271, § 42.


     33-15-25 to 33-15-27.   Transferred to §§ 34-48A-36 to 34-48A-40.


     33-15-25.1.   Cooperation in implementation of federal Disaster Relief Act. The Governor may cooperate with or enter into agreements with agencies of the federal government to the extent necessary or appropriate to implement the provisions of the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and to provide, under rules promulgated pursuant to chapter 1-26 by the Department of Public Safety, such benefits to the residents of the state as may be available to them under that act.

Source: SL 1977, ch 271, § 7; SL 1986, ch 272, § 19; SL 1992, ch 236, § 13; SL 2003, ch 272, § 114.


     33-15-25.2.   Audit of project applications. The auditor general shall conduct required audits of disaster project applications pursuant to the Federal Register, Volume 40, Number 103, part III, General Section.

Source: SL 1977, ch 271, § 41.


     33-15-26.   County emergency management organizations. Each organized county of this state shall establish a local organization and develop an emergency plan for emergency management in accordance with the state emergency management plan and program.

Source: SL 1949, ch 236, § 8; SL 1951, ch 285, § 8; SL 1953, ch 288, § 5; SDC Supp 1960, § 41.01C07 (1); SL 1977, ch 271, § 18; SL 1992, ch 236, § 14.


     33-15-27.   Director of local organization--Duties and powers. Each local organization for emergency management shall have a director who shall be appointed by the executive officer or governing body of the county, and who shall have direct responsibility for the development and implementation of emergency and disaster plans, organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the executive officer or governing body.

Source: SL 1949, ch 236, § 8; SL 1951, ch 285, § 8; SL 1953, ch 288, § 5; SDC Supp 1960, § 41.01C07 (1); SL 1977, ch 271, § 19; SL 1992, ch 236, § 15.


     33-15-28.   Repealed by SL 1977, ch 271, § 42.


     33-15-29.   Transferred to § 34-48A-41.


     33-15-30.   Repealed by SL 1977, ch 271, § 42.


     33-15-31 to 33-15-39.   Transferred to §§ 34-48A-42 to 34-48A-50.


     33-15-32.   Matching federal moneys--Deferring local obligation. If an emergency management special revenue fund has been established, in accordance with this chapter, and the moneys in the fund are insufficient to pay the full amount of a proposed purchase under a federal matching funds project, the county or district may request an advance of federal funds to be deposited in the special revenue fund to permit the payment of the full amount of the obligation when due.

Source: SDC Supp 1960, § 41.01C10 (4) as added by SL 1964, ch 117; SL 1977, ch 271, § 33; SL 1992, ch 236, § 18.


     33-15-33.   Local emergency management districts--Appropriations. In addition to the other provisions of this chapter, any county may join with other counties to form emergency management districts. Each county may appropriate money out of the general fund to pay salaries and expenses of such emergency management district.

Source: SL 1959, ch 287; SDC Supp 1960, § 41.01C07 (3); SL 1977, ch 271, § 21; SL 1992, ch 236, § 19.


     33-15-34.   Mutual aid arrangements of local organizations. The director of a local emergency management organization may develop mutual aid arrangements consistent with state plans and programs. The provisions of such arrangements shall be implemented in the event of emergency or disaster.

Source: SL 1949, ch 236, § 9; SL 1951, ch 285, § 9; SDC Supp 1960, § 41.01C08 (1); SL 1977, ch 271, § 22; SL 1992, ch 236, § 20.


     33-15-35.   Interstate mutual aid arrangements. The director of each local organization for emergency management may, subject to the approval of the Governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted.

Source: SL 1949, ch 236, § 9; SL 1951, ch 285, § 9; SDC Supp 1960, § 41.01C08 (2); SL 1977, ch 271, § 23; SL 1992, ch 236, § 21.


     33-15-36.   Powers of emergency management workers outside local jurisdiction. Any emergency management worker performing emergency management at any place in this state pursuant to agreements, compacts, or arrangements for mutual aid and assistance, to which the state or political subdivision thereof is a party, shall possess the same powers, duties, immunities, and privileges he would ordinarily possess if performing his duties in the state, province, or political subdivision thereof in which normally employed or rendering services.

Source: SL 1953, ch 288, § 6; SDC Supp 1960, § 41.01C09 (4); SL 1977, ch 271, § 37; SL 1992, ch 236, § 22.


     33-15-37.   District special emergency and disaster fund--Sources--Withdrawals. Each district organization for emergency management may establish a special emergency and disaster fund in the office of the county treasurer of the county where the district office is located, which shall be a special revenue fund. Any reimbursement or matching funds from any source whatever, shall be deposited in the fund and used for emergency management purposes. Withdrawals from the fund shall be made on warrants drawn by the county auditor of the county on vouchers signed by the district organization director and one commissioner from the advisory board of the district.

Source: SL 1959, ch 287; SDC Supp 1960, § 41.01C07 (3); SL 1977, ch 271, § 32; SL 1992, ch 236, § 23.


     33-15-38.   Emergency management as governmental function--Exceptions--Worker's compensation. All functions under this chapter and all other activities relating to emergency management are governmental functions. Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker complying with or reasonably attempting to comply with this chapter, or any order, rule promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of this state, is liable for the death of or injury to persons, or damage to property, as a result of such activity. The provisions of this section do not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress.

Source: SL 1949, ch 236, § 10; SL 1951, ch 285, § 10; SL 1953, ch 288, § 6; SDC Supp 1960, § 41.01C09 (1); SL 1977, ch 271, § 38; SL 1992, ch 236, § 24.


     33-15-39.   Exemption from licensing requirements during emergency. Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who shall, in the course of performing his duties as such, practice such professional, mechanical, or other skill during a disaster or emergency.

Source: SL 1953, ch 288, § 6; SDC Supp 1960, § 41.01C09 (2); SL 1977, ch 271, § 39; SL 1992, ch 236, § 25.


     33-15-40.   Repealed by SL 1977, ch 271, § 42.


     33-15-41.   Transferred to § 34-48A-51.


     33-15-42, 33-15-43.   Repealed by SL 1977, ch 271, § 42.


     33-15-44.   Transferred to § 34-48A-52.


     33-15-45 to 33-15-47.   Repealed by SL 1977, ch 271, § 42.


     33-15-48.   Transferred to § 34-48A-53.


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