Title 3 — PUBLIC OFFICERS AND EMPLOYEES
37 chapters · 1,057 sections in this title.
Public entity pool for liability established--Coverage provided--Effect on certain claims and defenses
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There is hereby established the South Dakota public entity pool for liability effective March 1, 1987. PEPL shall provide defense and liability coverage for any state entity or employee as provided for within the coverage document issued by PEPL. Nothing in this chapter may be co…
SDCL § 3-22-11 Disposition or payment of claims
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The director, at the director's sole discretion, may determine the disposition or payment amount of any covered claim. However, the director shall consult with the attorney general prior to entering a negotiated settlement of any civil action arising from a covered claim. Source:…
SDCL § 3-22-12 Fund created--Expenditures--Investment--Purchase of annuity in settlement of claim
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There is hereby created on March 1, 1987, the public entity pool for liability fund to be used to pay claims pursuant to this chapter and the personal services and operating expenses for the management and operation of the PEPL. Any money in the fund shall be continuously appropr…
SDCL § 3-22-15 Repealed by SL 1995, ch 323 (Ex Ord 95-7), § 17
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3-22-16 Coverage year. 3-22-17 Suits against state authorized only to extent coverage provided in coverage document. 3-22-18 Liability pool not to be considered insurance or insurance company. 3-22-19
SDCL § 3-22-16 Coverage year
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The PEPL coverage year shall be July first through June thirtieth. Source: SL 1986, ch 413 , § 17.
SDCL § 3-22-18 Liability pool not to be considered insurance or insurance company
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The PEPL does not constitute insurance nor may it be considered an insurance company under the laws of South Dakota nor is the PEPL under the jurisdiction of the commissioner of insurance. Source: SL 1986, ch 413 , § 19. 3-22-19. Repealed by SL 1986, ch 413 , § 20.
SDCL § 3-22-19 Repealed by SL 1986, ch 413 , § 20
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3-22-20 Federal antitrust laws--Direct state action. 3-22-21 Immunity of judicial officers and agents--Payment of legal costs. 3-22-22 3-22-22 to 3-22-25. Repealed by SL 2010, ch 24 , §§ 15 to 18. 3-22-26
SDCL § 3-22-2 Definition of terms
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Terms used in this chapter mean: (1) "PEPL," the public entity pool for liability established pursuant to this chapter; (2) "Bureau," the Bureau of Human Resources and Administration; (3) "Covered claim," a claim or civil action arising in tort from the operation of a motor vehic…
SDCL § 3-22-20 Federal antitrust laws--Direct state action
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This chapter is intended as direct state action within the meaning of federal antitrust laws. Source: SL 1986, ch 413 , § 21; SL 2010, ch 24 , § 14.
SDCL § 3-22-21 Immunity of judicial officers and agents--Payment of legal costs
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Nothing in this chapter may be construed to remove or waive the immunity of judicial officers or agents in the performance of their duties. The fund shall, however, provide legal services, if requested by the Supreme Court, to defend judicial officers or agents should they be sue…
SDCL § 3-22-26 Repealed by SL 1987, ch 40 , § 11
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3-22-27 Pool arrangement.
SDCL § 3-22-27 Pool arrangement
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Nothing in this chapter limits the formation or operation of any pool arrangement formed pursuant to chapter 1-24 . Source: SL 2010, ch 24 , § 19.
SDCL § 3-22-5 Bureau of Human Resources and Administration powers
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The bureau may: (1) Select a director who shall serve at the pleasure of the bureau; (2) Enter contracts for actuarial determinations, claims adjustment and investigation, loss control and risk management, legal services, or other services the director determines to be necessary …
SDCL § 3-22-5.1 Repealed by SL 1995, ch 323 (Ex Ord 95-7), § 17
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3-22-6 Promulgation of rules. 3-22-7 Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation. 3-22-8 3-22-8 to 3-22-10. Repealed by SL 2010, ch 24 , §§ 6 to 8. 3-22-11 Disposition or payment of claims. 3-22-12 Fund created--Expenditures…
SDCL § 3-22-6 Promulgation of rules
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The bureau may, pursuant to chapter 1-26 , establish rules for: (1) Submission, reporting, handling, and payment of claims; (2) Implementation of risk management and loss control practices; (3) Rates and timing of contributions by state entities for coverage; (4) Collection and r…
SDCL § 3-22-7 Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation
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PEPL may pay a covered claim established by judgment or negotiated settlement as provided in the coverage document and which is not barred or avoidable through sovereign immunity or other substantive law. No employee is subject to personal liability for any covered claim in exces…