34-48-1      Definition of terms.
34-48-2      Requests for assistance by public agencies and covered entities--Use of Incident Command System.
34-48-3      Oral or written requests to representative.
34-48-4      Provision of assistance.
34-48-5      Withdrawal of assistance.
34-48-6      Authority of personnel.
34-48-7      Reimbursement of expenses.
34-48-8      Ownership of and liability for assistance provided.
34-48-9      Civil liability for assistance--Immunity.
34-48-10      Coordination with chapters 1-24 and 34-48A.
34-48-11      Liability coverage for law enforcement officers responding to requests for assistance.
34-48-12      Wages, pension, worker's compensation, and other service rights and benefits for law enforcement officers responding to requests for assistance.

34-48-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Assistance," the provision of personnel, equipment, expertise, supplies, or other products or services excluding financial assistance from the state;

(2)    "Covered entity," any other private or nonprofit entity that provides emergency functions as included in subdivision 34-48A-1(4);

(3)    "Deploying public agency," the public agency receiving a request for assistance or providing assistance;

(4)    "Public agency," the state and any agency thereof; the United States and any agency thereof; any county, municipality, township, or other political subdivision of the state; any state tribal government.

Source: SL 2006, ch 189, § 1.

34-48-2. Requests for assistance by public agencies and covered entities--Use of Incident Command System.

In addition to the provisions of chapter 1-24 and chapter 34-48A, any public agency or covered entity may request assistance from any other public agency or covered entity in order to preserve and protect the public health, safety, and welfare. The requesting public agency and the deploying public agency shall utilize the Incident Command System of the National Incident Management System. Failure to correctly implement the National Incident Management System does not nullify any of the protections or provisions contained elsewhere in this chapter.

Source: SL 2006, ch 189, § 2; SL 2013, ch 164, § 1.

34-48-3. Oral or written requests to representative.

Any public agency or covered entity requesting assistance under this chapter may do so through an oral or written request to a representative of the deploying public agency or covered entity to which the request is directed who is authorized to control the items of assistance being requested.

Source: SL 2006, ch 189, § 3.

34-48-4. Provision of assistance.

Any deploying public agency or covered entity receiving a request for assistance under this chapter may provide the requested assistance.

Source: SL 2006, ch 189, § 4.

34-48-5. Withdrawal of assistance.

Any deploying public agency or covered entity that provides assistance pursuant to a request under this chapter may withdraw that assistance at any time.

Source: SL 2006, ch 189, § 5.

34-48-6. Authority of personnel.

All personnel deployed by the deploying public agency or covered entity retain all authority of the deploying public agency or covered entity and are entitled to act with all authority available to similarly situated personnel of the public agency or covered entity receiving assistance. Any law enforcement officer acting under the provisions of this chapter has the same authority to act as any other law enforcement officer of the requesting agency while responding to the request.

Source: SL 2006, ch 189, § 6; SL 2013, ch 164, § 2.

34-48-7. Reimbursement of expenses.

Any deploying public agency or covered entity involved in the incident may request reimbursement for its actual expenses. If reimbursement is requested, the deploying public agencies or covered entities involved shall agree upon the actual, reasonable expenses involved. A deploying public agency that provides law enforcement assistance shall be reimbursed as provided in § 34-48-12.

Source: SL 2006, ch 189, § 7; SL 2013, ch 164, § 3.

34-48-8. Ownership of and liability for assistance provided.

Except as provided in § 34-48-12, any deploying public agency or covered entity providing assistance in response to a request under this chapter shall maintain ownership of and liability for all assistance provided, including:

(1)    Worker's compensation coverage for personnel employed, authorized, or designated to act by or on behalf of the deploying public agency or covered entity;

(2)    Insurance coverage for employees, agents, or volunteers of the deploying public agency or covered entity;

(3)    Property; and

(4)    Personnel benefits.

Source: SL 2006, ch 189, § 8; SL 2013, ch 164, § 4.

34-48-9. Civil liability for assistance--Immunity.

No person or public agency or covered entity may be held civilly liable for actions in requesting or providing assistance under this chapter except for acts of willful misconduct or gross negligence. Nothing in this chapter constitutes a waiver or abrogation of sovereign immunity or any statutory immunity.

Source: SL 2006, ch 189, § 9.

34-48-10. Coordination with chapters 1-24 and 34-48A.

Nothing in this chapter limits or supercedes the provisions of chapter 1-24 and chapter 34-48A. The provisions of this chapter may be used contemporaneously with any agreement under chapters 1-24 or 34-48A.

Source: SL 2006, ch 189, § 10.

34-48-11. Liability coverage for law enforcement officers responding to requests for assistance.

Any law enforcement officer responding to a request under the provisions of this chapter shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction, and the requesting agency shall obtain and maintain liability coverage for those law enforcement officers responding to requests. While a law enforcement officer is assigned to temporary duty within the jurisdiction of another public agency, any liability that accrues on account of the negligent or otherwise tortious act of the law enforcement officer while performing the duty is the responsibility of the requesting public agency and not the deploying public agency.

This section does not apply to any law enforcement officer or other employee of a state agency of the State of South Dakota, an agency of the United States, or a tribal government.

Source: SL 2013, ch 164, § 5.

34-48-12. Wages, pension, worker's compensation, and other service rights and benefits for law enforcement officers responding to requests for assistance.

Any law enforcement officer who is ordered by the deploying agency or who responds to the request of the authorities of another public agency to perform law enforcement duties outside territorial limits of the public agency where the officer is employed, is entitled to the same wage, salary, pension, worker's compensation, and all other service rights for this service as for service rendered within the limits of the public agency where the law enforcement officer is regularly employed. All wage and disability payments, pension and worker's compensation claims, damage to equipment and clothing, and medical expense arising from such service to the requesting agency shall be paid by the public agency or town regularly employing the law enforcement officer.

A deploying public agency that provides law enforcement assistance and requests reimbursement shall be reimbursed by the requesting agency for actual expenses incurred by the deploying agency, which shall include wages and salary, employee benefits such as disability and pension, fuel and oil, incidental repairs, room and board, equipment, clothing and supplies, and the cost of workers' compensation insurance premiums at the time of employment.

This section does not apply to any law enforcement officer or other employee of a state agency of the State of South Dakota, an agency of the United States, or a tribal government.

Source: SL 2013, ch 164, § 6.