2006 South Dakota Code - 3-22-1 — Public entity pool for liability established--Purpose--Exclusions--What actions maybe maintained--Attachment to Office of Bureau of Administration.

     3-22-1.   Public entity pool for liability established--Purpose--Exclusions--What actions may be maintained--Attachment to Office of Bureau of Administration. There is hereby established the South Dakota public entity pool for liability effective March 1, 1987. The purpose of this program is to provide a fund as the sole source for payment of valid tort claims against all member public entities of the state and their officers and employees for all liability they may incur based upon negligence in the operation of motor vehicles or negligence in performing other acts within an employee's scope of employment and federal claims including 42 U.S.C. § 1983 which are not avoidable under the Tenth or Eleventh Amendment of the United States Constitution. Excluded from coverage under this chapter are claims involving employee grievances and awards for back pay, workers' compensation, employee health programs, single point-source pollution damage, asbestos related injuries, and claims arising from engineering and design of any public roadway in this state by any employee of any entity. Nothing in this chapter shall be determined to be an abrogation, change, or modification of the doctrine of governmental or sovereign immunity created by any statute, judicial opinion, ordinance, resolution, or tort claims act nor shall this chapter create any cause of action in federal court or under federal law. No claim for indemnity or contribution by the United States, arising directly or indirectly from the acts or omissions of the South Dakota National Guard, its agents, officers, members, or employees, which is cognizable under the Federal Tort Claims Act may be prosecuted under this chapter. Pursuant to S.D. Const., Art. III, § 27 no tort action may be maintained in any court in this state against any member public entity except actions cognizable and recoverable under this chapter. For reporting purposes only, the PEPL, its fund, and employees are attached to the Office of the Bureau of Administration.

Source: SL 1986, ch 413, § 1; SL 1993, ch 46.