South Dakota Codified Laws
Chapter 24 - Joint Exercise Of Governmental Powers
Section 1-24-12 - Authorization for and establishment of enforceability and validity of pool arrangements--Government immunity.

1-24-12. Authorization for and establishment of enforceability and validity of pool arrangements--Government immunity.
The provisions of this chapter are applicable to and authorize and establish the enforceability and validity of pool arrangements entered into by participating public agencies to provide for payment of valid claims against participating public agencies and their officers and employees for liability they may incur which is not avoidable under the tenth or eleventh amendments of the United States Constitution, including liability coverage for property, personal injury and workers compensation claims and group life, health and accident coverage. Nothing in §§1-24-11 to 1-24-17, inclusive, constitutes an abrogation, change, waiver or modification of the doctrine of governmental or sovereign immunity created by any statute, judicial opinion, ordinance, resolution or tort claims act nor may §§1-24-11 to 1-24-17, inclusive, create any cause of action in federal court or under federal law. A pool arrangement authorized by §§1-24-11 to 1-24-17, inclusive, may provide coverages, services or benefits only for or on behalf of the participating public agencies in any given pool arrangement.

Source: SL 1991, ch 11, §3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 1 - State Affairs and Government

Chapter 24 - Joint Exercise Of Governmental Powers

Section 1-24-1 - Definition of terms.

Section 1-24-2 - Joint exercise of powers authorized--Exceptions.

Section 1-24-3 - Agreements for cooperative action authorized--Approval by governing bodies.

Section 1-24-4 - Contents of agreement.

Section 1-24-5 - Provisions for control agency and property.

Section 1-24-6 - Agreements to be approved by state agency.

Section 1-24-6.1 - Agreements filed with attorney general and Legislative Research Council--Time.

Section 1-24-7 - Appropriation of funds and services to carry out agreement.

Section 1-24-8 - Contracts for service by public agencies.

Section 1-24-9 - Agencies not relieved from obligations by agreement.

Section 1-24-10 - Severability of provisions.

Section 1-24-11 - Pool arrangement defined.

Section 1-24-12 - Authorization for and establishment of enforceability and validity of pool arrangements--Government immunity.

Section 1-24-13 - Resolution or ordinance authorizing payment of premiums pursuant to pool arrangement--Payment.

Section 1-24-14 - Funding arrangements with health and educational facilities authority.

Section 1-24-15 - Agreements for investment of public moneys.

Section 1-24-16 - Election when agreement pledges full faith and credit of public agency.

Section 1-24-17 - Pool arrangement, agreement, or financing not to be considered insurance or insurance company.

Section 1-24-17.1 - Annual audit of pooling arrangement financial statements--Filing with Department of Legislative Audit--Availability to public.

Section 1-24-19 - Political subdivisions authorized to form separate administrative or legal entity.

Section 1-24-20 - Reciprocal interstate agreements for purpose of law enforcement.

Section 1-24-21 - Liability of law enforcement officers acting in reciprocal capacity.

Section 1-24-22 - Agreements of parties to an interstate law enforcement agreement.

Section 1-24-23 - Approval of Governor required for reciprocal agreements.

Section 1-24-24 - Agreement with Indian tribe regarding high school equivalency test administered on Indian reservation.

Section 1-24-25 - Term of agreement regarding high school equivalency test--Renewal.