HB 1073

 26.358.21  101st Legislative Session  1073
                                      2026 South Dakota Legislature
                                                 House Bill 1073
                                                  HOUSE EDUCATION ENGROSSED
 Introduced by: Representative Heermann
1 An Act to provide for the creation of a cardiac emergency plan in every school and
2to make an appropriation therefor.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That a NEW SECTION be added to chapter 13-33A:
5Each board of a school district and governing board of an accredited nonpublic
6    school shall provide for the implementation of a cardiac emergency response plan in every
7    school under its control.
8Each plan must be developed in collaboration with local emergency service
9    providers, using nationally recognized core elements related to cardiac emergency
10    response. The plan must provide for:
11    (1)      The creation of a cardiac emergency response team able to respond to incidents of
12sudden cardiac arrest or similar life-threatening emergencies on school grounds;
13    (2)      The placement of automated external defibrillators in clearly marked, unlocked,
14accessible locations on school grounds;
15    (3)      The provision of staff training in cardiopulmonary resuscitation and the use of an
16automated external defibrillator; and
17    (4)      The procedures for responding to incidents of sudden cardiac arrest or similar life-
18threatening emergencies on school grounds.
19The board of each school district and the governing board of each accredited
20    nonpublic school shall review the cardiac emergency response plan for every school under
21    its control and shall provide for the annual testing and any required maintenance of each
22    automated external defibrillator.
23The board of each school district and the governing board of each accredited
24    nonpublic school shall conduct, at each school under its control, an annual drill responding
25    to incidents of sudden cardiac arrest or similar life-threatening emergencies, as provided
26    in the school's cardiac emergency response plan.
                                                                                Underscores indicate new language.
                                                                              Overstrikes indicate deleted language.
 26.358.21  2  1073
1 Section 2. That a NEW SECTION be added to chapter 13-33A:
2Every public and accredited nonpublic school shall arrange for annual training in
3    cardiopulmonary resuscitation, first-aid, and the use of an automated external defibrillator
4    for each employee serving as a member of the school's cardiac emergency response team,
5    pursuant to section 1 of this Act.
6Training must consist of at least three hours of instruction, be provided by an
7    emergency medical services provider, or an organization approved by the Department of
8    Health, and follow evidence-based guidelines on emergency cardiovascular care set forth
9    by a nationally recognized organization. Training may occur in-person or online, as set
10    forth in each school's cardiac emergency response plan.
11 Section 3. That a NEW SECTION be added to chapter 13-33A:
12Except in the case of gross negligence, a school district, the board of a district, and
13    any employee, student, or volunteer of a district are immune from any civil or criminal
14    liability resulting from an act or omission related to a cardiac emergency response plan
15    developed in accordance with this Act.
16Except in the case of gross negligence, an accredited nonpublic school, the
17    governing board of an accredited nonpublic school, and any employee, student, or
18    volunteer of a nonpublic school are immune from any civil or criminal liability resulting
19    from an act or omission related to a cardiac emergency response plan developed in
20    accordance with this Act.
21 Section 4. There is appropriated $150,000 from the general fund, to the Department of
22 Health, for grants to school districts and accredited nonpublic schools for the purchase of
23 automated external defibrillators.
24 Section 5. The secretary of the Department of Health shall approve vouchers and the state
25 auditor hall draw warrants to pay expenditures authorized in this Act.
26 Section 6. Any amounts appropriated in this Act not lawfully expended or obligated shall
27 revert in accordance with the procedures described in chapter 4-8.
                                                                                 Underscores indicate new language.
                                                                               Overstrikes indicate deleted language.