CHAPTER 3-21
LIABILITY OF PUBLIC ENTITIES AND PUBLIC OFFICIALS
3-21-1 Definitions.
3-21-2 Notice prerequisite to action for damages--Time limit.
3-21-3 Persons to whom notice must be given.
3-21-4 Extension of time for service of notice for persons under certain disabilities--Time limit for application to make extended service.
3-21-5 Effect of inaccuracy in notice.
3-21-6 3-21-6. Repealed by SL 2007, ch 23, § 2.
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 lawsuits in courts of other jurisdictions.
3-21-11 Who are agents of state for purposes of § 21-32-17.
3-21-12 3-21-12. Repealed by SL 2007, ch 24, § 1.
3-21-13 Restrictions on agreements providing for indemnification.
3-21-14 Nondisparagement clause--Unenforceable--State government.
3-21-1. Definitions.
Terms used in this chapter, unless the context plainly otherwise requires, mean:
(1) "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 boards and offices. The term does not include independent contractors;
(2) "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, sewer and irrigation districts, and all other legal entities that public entities are authorized by law to establish.
Source: SL 1986, ch 4, § 1.
3-21-2. Notice prerequisite to action for damages--Time limit.
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 given to the public entity as provided by this chapter within one hundred eighty days after the injury. Nothing in this chapter tolls or extends any applicable limitation on the time for commencing an action.
Source: SL 1986, ch 4, § 2; SL 2007, ch 23, § 1.
3-21-3. Persons to whom notice must be given.
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, to the mayor or city finance officer;
(4) In the case of a school district, to the superintendent of schools;
(5) In the case of other public entities, to the chief executive officer or secretary of the governing board.
Source: SL 1986, ch 4, § 3; SL 1994, ch 40; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
3-21-4. Extension of time for service of notice for persons under certain disabilities--Time limit for application to make extended service.
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 shall be made within two years of the event upon which the claim is based.
Source: SL 1986, ch 4, § 4.
3-21-5. Effect of inaccuracy in notice.
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, § 5.
3-21-7. No waiver of sovereign immunity.
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.
3-21-8. No liability for failure to provide correctional facilities or equipment, services, etc., therein.
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 correctional facility.
Source: SL 1986, ch 4, § 10.
3-21-9. No liability for parole or release of prisoner or revocation thereof or for certain other matters.
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) An escaping or escaped prisoner;
(2) An escaping or escaped person;
(3) A person resisting arrest;
(4) A prisoner to any other prisoner; or
(5) Services or programs administered by or on behalf of the prison, jail, or correctional facility.
Source: SL 1986, ch 4, § 11.
3-21-10. Immunity from lawsuits in courts of other jurisdictions.
No waiver of state immunity by statute or, where permitted, by any officer or agent of the state may constitute or be interpreted as a waiver of the state's immunity from lawsuits in federal court or the courts of any jurisdiction other than the South Dakota Unified Judicial System.
Source: SL 1986, ch 4, § 12; SL 2002, ch 24, § 1.
3-21-11. Who are agents of state for purposes of § 21-32-17.
Any employee, agent, or board member of any authority established by state law are agents of the State of South Dakota for the purposes of § 21-32-17.
Source: SL 1986, ch 4, § 13.
3-21-13. Restrictions on agreements providing for indemnification.
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 indemnification, or the Legislature has expressly authorized the indemnification.
Source: SL 2019, ch 25, § 1.
3-21-14. Nondisparagement clause--Unenforceable--State government.
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 settlement agreement to which the state, an agency thereof, or officer or employee thereof in an official capacity pursuant to chapter 3-19, is a party.
Source: SL 2022, ch 16, § 1.
