21-32A-1      Waiver of sovereign immunity to extent of risk sharing pool or insurance coverage.
21-32A-2      Immunity of employees, officers, or agents--Affirmative defense.
21-32A-3      Immunity of public entities--Affirmative defense.

21-32A-1. Waiver of sovereign immunity to extent of risk sharing pool or insurance coverage.

To the extent that any public entity, other than the state, participates in a risk sharing pool or purchases liability insurance and to the extent that coverage is afforded thereunder, the public entity shall be deemed to have waived the common law doctrine of sovereign immunity and shall be deemed to have consented to suit in the same manner that any other party may be sued. The waiver contained in this section and §§ 21-32A-2 and 21-32A-3 is subject to the provisions of § 3-22-17.

Source: SL 1986, ch 175, § 1; SL 1987, ch 163, § 1.

21-32A-2. Immunity of employees, officers, or agents--Affirmative defense.

Except insofar as a public entity, including the state, participates in a risk sharing pool or insurance is purchased pursuant to § 21-32A-1, any employee, officer, or agent of the public entity, including the state, while acting within the scope of his employment or agency, whether such acts are ministerial or discretionary, is immune from suit or liability for damages brought against him in either his individual or official capacity. The immunity recognized herein may be raised by way of affirmative defense.

Source: SL 1986, ch 175, § 2; SL 1987, ch 163, § 2; SL 1991, ch 184.

21-32A-3. Immunity of public entities--Affirmative defense.

Except insofar as a public entity participates in a risk sharing pool or insurance is purchased pursuant to § 21-32A-1, any public entity is immune from liability for damages whether the function in which it is involved is governmental or proprietary. The immunity recognized herein may be raised by way of affirmative defense.

Source: SL 1986, ch 175, § 3; SL 1987, ch 163, § 3.