2006 South Dakota Code - 3-22-17 — Scope of sovereign immunity--Raising of defense in support of § 3-22-10--Notice toclaimant of intent to raise defense.

     3-22-17.   Scope of sovereign immunity--Raising of defense in support of § 3-22-10--Notice to claimant of intent to raise defense. Nothing in this chapter may be construed to be in conflict with or to expand governmental or sovereign immunity or any waiver of governmental or sovereign immunity contained in the State Constitution, statute, judicial opinion, ordinance, resolution, or tort claims act except as provided in § 3-22-10 which may be construed only to extend sovereign immunity to the maximum extent allowed under the state or federal constitutions. The defense of sovereign immunity shall always be raised in support of the provisions of § 3-22-10. In all cases in which the fund is or may be involved, at any time prior to final judgment, the attorney general shall notify in writing a claimant or claimants of his determination that a claim or any number of related claims may threaten the financial viability of the fund and of his intention to raise the defense of sovereign immunity.

Source: SL 1986, ch 413, § 18.