Title 3 — PUBLIC OFFICERS AND EMPLOYEES

Who are agents of state for purposes of §

3-21-13 Restrictions on agreements providing for indemnification. 3-21-14 Nondisparagement clause--Unenforceable--State government.

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…

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…

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…

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, …

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…

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 , …

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…

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.

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…

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)…

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…

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:…

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…

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

The PEPL coverage year shall be July first through June thirtieth. Source: SL 1986, ch 413 , § 17.

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.

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

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…

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.

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…

3-22-27 Pool arrangement.

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.

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 …

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…

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…

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…

No elected or appointed member of a state authority, board, or commission may have an interest in or derive a direct benefit from any contract: (1) With the state agency to which the authority, board, or commission is attached for reporting or oversight purposes that requires the…

Terms used in this chapter mean: (1) "Board member," an elected or appointed member of the governing board; (2) "Cooperative education service unit," a legal entity created pursuant to §§ 13-5-31 to 13-5-33 , inclusive, including subcontractors, agents or assigns of the cooperati…

The following authorities, boards, or commissions are subject to this chapter: (1) South Dakota Building Authority; (2) Board of Economic Development; (3) South Dakota Housing Development Authority; (4) South Dakota Health and Education Facilities Authority; (5) Science and Techn…

Repealed by SL 2017, ch 74 , § 4.

An elected or appointed member of a state authority, board, or commission derives a direct benefit from a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets: (1) Is a party to or intended beneficiary of the contract; (…

An elected or appointed member of a state authority, board, or commission has an interest in a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets: (1) Is employed by a party to the contract; or (2) Receives more than n…

A state authority, board, or commission member does not derive a direct benefit from or have an interest in a contract: (1) Based solely on the value associated with the member's publicly-traded investments or holdings, or the investments or holdings of any other person with whom…

Any elected or appointed state authority, board, or commission may authorize an authority, board, or commission member to derive a direct benefit from a contract if: (1) The member has provided full disclosure to the authority, board, or commission, including: (a) All parties to …

Any elected or appointed state authority, board, or commission member may have an interest in a contract if: (1) The member, upon learning of the interest subject to the provisions of this chapter or a transaction that may create an interest subject to the provisions of this chap…

Within the one-year period prohibiting any contract with an elected or appointed authority, board, or commission member, the authority, board, or commission may approve a former member to contract with the elected or appointed authority, board, or commission if the authority, boa…

Any elected or appointed state authority, board, or commission member who knowingly violates §§ 3-23-1 to 3-23-4 , inclusive, shall be removed from the authority, board, or commission and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§ 3-23-1 to 3-23-4 , …

No board member, business manager, chief financial officer, superintendent, chief executive officer, or other person with the authority to enter into a contract or spend money in an amount greater than five thousand dollars of a school district, cooperative education service unit…

A person described in § 3-23-6 derives a direct benefit from a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets: (1) Is a party to or intended beneficiary of any contract held by the school district or cooperative e…

A person described in § 3-23-6 has an interest in a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets: (1) Is employed by a party to any contract with the school district or cooperative education service unit; or (2)…

A person described in § 3-23-6 does not derive a direct benefit from or have an interest in a contract: (1) Based solely on the value associated with the person's publicly-traded investments or holdings, or the investments or holdings of any other person with whom the board membe…

A school district or cooperative education service unit may authorize a person described in § 3-23-6 to derive a direct benefit from a contract if: (1) The person has provided full written disclosure to the agency, district, or unit governing board of all parties to the contract,…

Each school district or cooperative education service unit shall develop a written conflict of interest policy, including any disclosure and authorization form that includes the list of any disclosable interest in contracts or direct benefits covered by this chapter. Source: SL 2…

Any person who knowingly violates §§ 3-23-6 to 3-23-8 , inclusive, shall be removed from office or employment and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§ 3-23-6 to 3-23-8 , inclusive, and is also guilty of theft under chapter 22-30A , shall be pen…

There is hereby created a State Government Accountability Board to be composed of four members appointed by the Governor. Each member to be appointed shall be a former or retired circuit court judge or Supreme Court Justice. No more than two of the appointed members may be of the…

The board shall annually report to the people, the Governor, and the Legislature on its activities. The report shall include data regarding any allegations of violations of subdivisions of § 3-24-3 , including the number of reports filed, complaints received, number of unique per…

The State Government Accountability Board is attached to the Office of the Attorney General for administrative and budgetary support. In order to review and investigate any alleged violation of the subdivisions listed in § 3-24-3 , the board may employ staff as it deems necessary…

The initial appointments for the members of the board are temporary and staggered with one member serving two years, one member serving three years, one member serving four years, and one member serving five years. Each member's initial term is to be determined by the Governor. S…