Title 3 — PUBLIC OFFICERS AND EMPLOYEES
37 chapters · 1,057 sections in this title.
SDCL § 3-21-1 Definitions
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Terms used in this chapter, unless the context plainly otherwise requires, mean: (1) "Employee," all current and former employees and elected and appointed officers of any public entity whether classified, unclassified, licensed or certified, permanent or temporary whether compen…
SDCL § 3-21-10 Immunity from lawsuits in courts of other jurisdictions
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No waiver of state immunity by statute or, where permitted, by any officer or agent of the state may constitute or be interpreted as a waiver of the state's immunity from lawsuits in federal court or the courts of any jurisdiction other than the South Dakota Unified Judicial Syst…
SDCL § 3-21-11 SDCL 3-21-11
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Who are agents of state for purposes of §
SDCL § 3-21-12 Repealed by SL 2007, ch 24 , § 1
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3-21-13 Restrictions on agreements providing for indemnification. 3-21-14 Nondisparagement clause--Unenforceable--State government.
SDCL § 3-21-13 Restrictions on agreements providing for indemnification
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No agreement providing for indemnification by the state is enforceable against the state, except to the extent that liability coverage is provided for the indemnification pursuant to § 3-22-1 , funds are specifically appropriated by the Legislature to provide for the indemnificat…
SDCL § 3-21-14 Nondisparagement clause--Unenforceable--State government
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A nondisparagement or similar clause is void and unenforceable to prevent the communication or disclosure of facts to the Executive Board of the Legislative Research Council or the Government Operations and Audit Committee as to any state government activities associated with any…
SDCL § 3-21-2 Notice prerequisite to action for damages--Time limit
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No action for the recovery of damages for personal injury, property damage, error, or omission or death caused by a public entity or its employees may be maintained against the public entity or its employees unless written notice of the time, place, and cause of the injury is giv…
SDCL § 3-21-3 Persons to whom notice must be given
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Notice shall be given to the following officers as applicable: (1) In the case of the State of South Dakota, to the attorney general and the commissioner of human resources and administration; (2) In the case of a county, to the county auditor; (3) In the case of a municipality, …
SDCL § 3-21-4 Extension of time for service of notice for persons under certain disabilities--Time limit for application to make extended service
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If the person injured is a minor or is mentally or physically incapacitated, the court may allow that person to serve the notice required by § 3-21-2 within a reasonable time after the expiration of the period of disability. The application to the court to make extended service s…
SDCL § 3-21-5 Effect of inaccuracy in notice
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The notice required by § 3-21-2 may not be deemed invalid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury if it is shown that the claimant had no intention to mislead and that the public entity was not misled. Source: SL 1986, ch 4 , …
SDCL § 3-21-6 Repealed by SL 2007, ch 23 , § 2
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3-21-7 No waiver of sovereign immunity. 3-21-8 No liability for failure to provide correctional facilities or equipment, services, etc., therein. 3-21-9 No liability for parole or release of prisoner or revocation thereof or for certain other matters. 3-21-10 Immunity from lawsui…
SDCL § 3-21-7 No waiver of sovereign immunity
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Nothing in this chapter shall be deemed to waive the sovereign immunity of the public entities of the State of South Dakota or of their employees. Source: SL 1986, ch 4 , § 7.
SDCL § 3-21-8 No liability for failure to provide correctional facilities or equipment, services, etc., therein
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No person, political subdivision, or the state is liable for failure to provide a prison, jail, or penal or correctional facility, or if such facility is provided, for failure to provide sufficient equipment, personnel, programs, facilities, or services in a prison or other corre…
SDCL § 3-21-9 No liability for parole or release of prisoner or revocation thereof or for certain other matters
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No person, political subdivision, or the state is liable for any injury resulting from the parole or release of a prisoner or from the terms and conditions of his parole or release or from the revocation of his parole or release, or for any injury caused by or resulting from: (1)…