2006 South Dakota Code - 3-22-2 — Terms defined.

             (1)      "Budget," a public entity's total prior year expenditures excluding capital outlay or bond redemption expenditures;

             (2)      "Bureau," the Bureau of Administration;

             (3)      "Claim," any final judgment of a court of competent jurisdiction of this state. Any final judgment of a court of competent jurisdiction of any sister state and of the United States unless such judgment is avoidable pursuant to the eleventh amendment of the United States Constitution or the laws of the United States. The term does not include tribal court judgments. In addition, the term includes any agreement in settlement and satisfaction of a claim agreed to by the bureau, the director and the member;

             (4)      "Director," the director of the PEPL appointed by the commissioner of administration pursuant to this chapter;

             (5)      "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 compensated or not. The term includes employees of all branches of government including the judicial and legislative branches and employees of constitutional, statutory and executive order boards, commissions and offices. The term does not include independent contractors;

             (6)      "Fiscal year," as defined in § 4-10-10;

             (7)      "Fund," the public entity pool for liability fund established pursuant to this chapter;

             (8)      "Master contract," any contract of insurance providing coverage, or partial coverage, for a class of members, or the state, of one or more areas covered by this chapter;

             (9)      "Member," the state, to the extent it elects to participate if it so elects, or any public entity other than the state that has made its initial contribution and is current in its subsequent contributions under this chapter;

             (10)      "Nominating authority," in the case of municipalities, the South Dakota Municipal League; in the case of school districts, the Associated School Boards of South Dakota; and in the case of the counties, the South Dakota County Commissioner Association;

             (11)      "PEPL," the public entity pool for liability established by this chapter;

             (12)      "Public entities," the State of South Dakota, all of its branches and agencies, boards and commissions. The term also includes all public entities established by law exercising any part of the sovereign power of the state, including, but not limited to municipalities, counties, school districts, townships, water districts established pursuant to Title 46A, sewer, sanitary, and conservation districts, and all other legal entities that public entities are authorized by law to establish;

             (13)      "Scope of employment," any activity that an employee performs or incidental to any activity to be performed regardless of the time and place of performance and regardless of whether the action in question could have, prior to the effective date of this chapter, subjected a public entity to liability and regardless of whether the activity is construed or defined as ministerial, discretionary or proprietary; and

             (14)      "Sub-pool," a vehicle for risk sharing among members of PEPL or public agencies of other states authorized by the bureau.

Source: SL 1986, ch 413, § 2; SL 1987, ch 40, § 1; SL 1995, ch 323 (Ex. Ord. 95-7), §§ 17, 18.