reglab/housing_qa huggingface dataset:
SD Codified L § 3-22-5 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-5 - Bureau of Administration powers.

3-22-5. Bureau of Administration powers.The bureau may:(1)Select a director who shall serve at the pleasure of the bureau;(2)Enter contracts for actuarial determinations, claims adjustment and investigation, loss control and risk management, legal services, or other services the director determines to be necessary to carry out the purposes of this chapter;(3)Enter contracts for insurance and reinsurance the director determines to be necessary to carry out the purposes of this chapter. Any such contract is not subject to the provisions of chapters 5-18A and 5-18-D;(4)Develop a coverage document, agreed to by the director and the Governor, to establish the type and scope of covered claims, limits of coverage, terms and conditions of coverage, and costs of coverage; and(5)Based on annual actuarial calculations, impose and collect contributions from covered state entities for the estimated amount necessary to extend coverage and maintain appropriate reserves for covered claims. Source: SL 1986, ch 413, §5; SL 1987, ch 40, §2; SL 2010, ch 24, §3; SL 2013, ch 24, §1.
SD Codified L § 3-22-6 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-6 - Promulgation of rules.

3-22-6. Promulgation of rules.The bureau may, pursuant to chapter 1-26, establish rules for:(1)Submission, reporting, handling, and payment of claims;(2)Implementation of risk management and loss control practices;(3)Rates and timing of contributions by state entities for coverage;(4)Collection and reporting of data regarding claims; and(5)Other procedures necessary for operation of PEPL. Source: SL 1986, ch 413, §6; SL 2010, ch 24, §4.
SD Codified L § 3-22-7 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-7 - Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation.

3-22-7. Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation.PEPL may pay a covered claim established by judgment or negotiated settlement as provided in the coverage document and which is not barred or avoidable through sovereign immunity or other substantive law. No employee is subject to personal liability for any covered claim in excess of the coverage provided by PEPL. The PEPL shall be fully subrogated to any right of recovery a state entity or employee may be entitled to, associated with any claim paid pursuant to this section. Source: SL 1986, ch 413, §7; SL 1987, ch 40, §5; SL 2010, ch 24, §5.
SD Codified L § 3-22-11 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-11 - Disposition or payment of claims.

3-22-11. Disposition or payment of claims.The director, at the director's sole discretion, may determine the disposition or payment amount of any covered claim. However, the director shall consult with the attorney general prior to entering a negotiated settlement of any civil action arising from a covered claim. Source: SL 1986, ch 413, §11; SL 2010, ch 24, §9.
SD Codified L § 3-22-12 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-12 - Fund created--Expenditures--Investment--Purchase of annuity in settlement of claim.

3-22-12. Fund created--Expenditures--Investment--Purchase of annuity in settlement of claim.There is hereby created on March 1, 1987, the public entity pool for liability fund to be used to pay claims pursuant to this chapter and the personal services and operating expenses for the management and operation of the PEPL. Any money in the fund shall be continuously appropriated and expenditures shall be made on warrants drawn by the state auditor on vouchers approved by the director and commissioner of administration. The money in the fund shall be invested by the State Investment Council and the fund shall retain the interest earned. If the bureau determines to purchase an annuity in settlement of a claim, it may purchase an annuity approved by the State Investment Council. Source: SL 1986, ch 413, §13; SL 1995, ch 316, §18.
SD Codified L § 3-22-16 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-16 - Coverage year.

3-22-16. Coverage year.The PEPL coverage year shall be July first through June thirtieth. Source: SL 1986, ch 413, §17.
SD Codified L § 3-22-17 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-17 - Suits against state authorized only to extent coverage provided in coverage document.

3-22-17.Suits against state authorized only to extent coverage provided in coverage document.Pursuant to S. D. Const., Art. III, §27, suits against the state are authorized only for a covered claim to the extent coverage is provided in the coverage document. Nothing in this chapter may be construed to otherwise waive or abrogate any immunity or defense available to any state entity or employee. Source: SL 1986, ch 413, §18; SL 2010, ch 24, §13.
SD Codified L § 3-22-18 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-18 - Liability pool not to be considered insurance or insurance company.

3-22-18. Liability pool not to be considered insurance or insurance company.The PEPL does not constitute insurance nor may it be considered an insurance company under the laws of South Dakota nor is the PEPL under the jurisdiction of the commissioner of insurance. Source: SL 1986, ch 413, §19.
SD Codified L § 3-22-20 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-20 - Federal antitrust laws--Direct state action.

3-22-20. Federal antitrust laws--Direct state action.This chapter is intended as direct state action within the meaning of federal antitrust laws. Source: SL 1986, ch 413, §21; SL 2010, ch 24, §14.
SD Codified L § 3-22-21 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-21 - Immunity of judicial officers and agents--Payment of legal costs.

3-22-21. Immunity of judicial officers and agents--Payment of legal costs.Nothing in this chapter may be construed to remove or waive the immunity of judicial officers or agents in the performance of their duties. The fund shall, however, provide legal services, if requested by the Supreme Court, to defend judicial officers or agents should they be sued in any court for official acts in the performance of their duties. The payment of legal costs shall in no way be construed as a waiver of judicial immunity. Source: SL 1986, ch 413, §22.
SD Codified L § 3-22-27 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 22 - Liability Coverage Program For Public Entities|Section 3-22-27 - Pool arrangement.

3-22-27. Pool arrangement.Nothing in this chapter limits the formation or operation of any pool arrangement formed pursuant to chapter 1-24. Source: SL 2010, ch 24, §19.
SD Codified L § 3-23-1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-1 - State authority, board, and commission members prohibited from having interest in or deriving direct benefit from contract.

3-23-1. State authority, board, and commission members prohibited from having interest in or deriving direct benefit from contract.No elected or appointed member of a state authority, board, or commission may have an interest in or derive a direct benefit from any contract:(1)With the state agency to which the authority, board, or commission is attached for reporting or oversight purposes that requires the expenditure of government funds;(2)With the state that requires the approval of the authority, board, or commission and the expenditure of government funds; or(3)With a political subdivision of the state if the political subdivision approves the contract and is under the regulatory oversight of the authority, board, or commission, or the agency to which the authority, board, or commission is attached for reporting or oversight purposes.No elected or appointed member of a state authority, board, or commission may derive a direct benefit from any contract as provided under this section for one year after the end of the member's term on the authority, board, or commission, except as provided in §3-23-3 or 3-23-4. Source: SL 2016, ch 33, §1; SL 2017, ch 31, §2.
SD Codified L § 3-23-1.1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-1.1 - Definitions.

3-23-1.1. Definitions. Terms used in this chapter mean:(1)"Board member," an elected or appointed member of the governing board;(2)"Cooperative education service unit," a legal entity created pursuant to §§13-5-31 to 13-5-33, inclusive, including subcontractors, agents or assigns of the cooperative education service unit;(3)"Disgorgement," the act of giving up on demand or by legal compulsion something that was obtained by illegal or unethical acts; and(4)"School district," a school district as defined in §13-5-1. Source: SL 2017, ch 31, §1; SL 2021, ch 73, § 22.
SD Codified L § 3-23-2 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-2 - Circumstances under which state authority, board, or commission member derives direct benefit.

3-23-2. Circumstances under which state authority, board, or commission member derives direct benefit.An elected or appointed member of a state authority, board, or commission derives a direct benefit from a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets:(1)Is a party to or intended beneficiary of the contract;(2)Has more than a five percent ownership interest in an entity that is a party to the contract;(3)Acquires property under the contract; or(4)Will receive from the contracting party compensation, commission, promotion, or other monetary benefit that is directly attributable to the contract. Source: SL 2016, ch 33, §2; SL 2017, ch 31, §3.
SD Codified L § 3-23-2.1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-2.1 - Circumstances under which state authority, board, or commission member has interest in contract.

3-23-2.1. Circumstances under which state authority, board, or commission member has interest in contract.An elected or appointed member of a state authority, board, or commission has an interest in a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets:(1)Is employed by a party to the contract; or(2)Receives more than nominal compensation or reimbursement for actual expenses for serving on the board of directors of an entity that derives income or commission directly from the contract or acquires property under the contract. Source: SL 2017, ch 31, §4.
SD Codified L § 3-23-2.2 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-2.2 - Circumstances under which state authority, board, or commission member does not derive direct benefit from or have interest in contract.

3-23-2.2. Circumstances under which state authority, board, or commission member does not derive direct benefit from or have interest in contract.A state authority, board, or commission member does not derive a direct benefit from or have an interest in a contract:(1)Based solely on the value associated with the member's publicly-traded investments or holdings, or the investments or holdings of any other person with whom the member lives or commingles assets;(2)By participating in a vote or a decision in which the member's only interest arises from an act of general application;(3)If the member is a state employee and is authorized to enter into the contract pursuant to §§5-18A-17 through 5-18A-17.6, inclusive;(4)If the contract is for the sale of goods, or for maintenance or repair services, in the regular course of business at or below a price offered to all customers;(5)If the contract is subject to a public bidding process; or(6)If the contract is for the deposit of public funds in a financial institution as otherwise authorized by law. Source: SL 2017, ch 31, §5.
SD Codified L § 3-23-3 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-3 - Circumstances under which state authority, board, or commission may authorize member to derive direct benefit from contract.

3-23-3. Circumstances under which state authority, board, or commission may authorize member to derive direct benefit from contract.Any elected or appointed state authority, board, or commission may authorize an authority, board, or commission member to derive a direct benefit from a contract if:(1)The member has provided full disclosure to the authority, board, or commission, including:(a)All parties to the contract;(b)The member's role in the contract;(c)The purpose and objective of the contract;(d)The consideration or benefit conferred or agreed to be conferred upon each party; and(e)The duration of the contract;(2)The authority, board, or commission finds that the terms of the contract are fair, reasonable, and not contrary to the public interest; and(3)The authorization is a public record included in the official minutes of the authority, board, or commission, that shall be filed with the auditor-general and attorney general.The auditor-general shall compile the authorizations and present them annually for review by the Government Operations and Audit Committee. A member who requests an authorization under this section shall make the request prior to entering into any contract that requires disclosure or within forty-five days after entering into the contract. Once disclosed and authorized by the governing board, no further disclosure or authorization is required unless the contract extends into consecutive fiscal years. A contract that extends into consecutive fiscal years requires an annual disclosure but no new authorization is required. If the authority, board, or commission rejects the request for authorization made by the member, the contract is voidable and subject to disgorgement pursuant to §3-23-5, or the member may resign from the authority, board, or commission. No member of a state authority, board, or commission may participate in or vote upon a decision of the state authority, board, or commission relating to a matter in which the member derives a direct benefit. Source: SL 2016, ch 33, §3; SL 2017, ch 31, §6.
SD Codified L § 3-23-3.1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-3.1 - Circumstances under which state authority, board, or commission member may have interest in contract.

3-23-3.1. Circumstances under which state authority, board, or commission member may have interest in contract.Any elected or appointed state authority, board, or commission member may have an interest in a contract if:(1)The member, upon learning of the interest subject to the provisions of this chapter or a transaction that may create an interest subject to the provisions of this chapter discloses the interest no later than the first meeting of the authority, board, or commission held after the first day of July of each year;(2)The authority, board, or commission is notified of the contract and the member's role in the contract;(3)The terms of the contract do not violate any other provision of law; and(4)The disclosure is included in the minutes that are publicly available and are filed with the auditor-general and attorney general.Each member shall receive a form, developed by the attorney general, for the purpose of annual disclosure of any interest and direct benefit covered by the provisions of this chapter. In addition to any interest in a contract and direct benefit covered by the provisions of this chapter, the member shall also disclose at least annually any ownership interest of five percent or greater in any entity that receives grant money from the state, either directly or by a pass-through grant, or that contracts with the state or any political subdivision for services. An authority, board, or commission member who has an interest in a contract pursuant to this section shall disclose the existence of a contract in which the member has an interest but for which authorization by the authority, board, or commission is not required for the person to have an interest in the contract. The auditor-general shall compile and present any disclosure annually for review by the Department of Legislative Audit and the Government Operations and Audit Committee. Source: SL 2017, ch 31, §7.
SD Codified L § 3-23-4 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-4 - Circumstances under which authority, board, or commission may contract with former member.

3-23-4. Circumstances under which authority, board, or commission may contract with former member.Within the one-year period prohibiting any contract with an elected or appointed authority, board, or commission member, the authority, board, or commission may approve a former member to contract with the elected or appointed authority, board, or commission if the authority, board, or commission determines that the terms of the contract are fair, reasonable, and are in the best interests of the public. Any approval given pursuant to this section shall be included in the official minutes of the authority, board, or commission and is a public record. The minutes including the approval shall be filed with the auditor-general and attorney general. The auditor-general shall compile and present any approval annually for review by the Government Operations and Audit Committee. Source: SL 2016, ch 33, §4; SL 2017, ch 31, §8.
SD Codified L § 3-23-5 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-5 - Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract.

3-23-5. Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract.Any elected or appointed state authority, board, or commission member who knowingly violates §§3-23-1 to 3-23-4, inclusive, shall be removed from the authority, board, or commission and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§3-23-1 to 3-23-4, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A. No authority, board, or commission member who has submitted a good faith request for authorization pursuant to §3-23-3 may be convicted of a crime under this chapter. Any benefit to the authority, board, or commission member in violation of §§3-23-1 and 3-23-2 is subject to disgorgement and any contract made in violation of this chapter is voidable by the authority, board, or commission. Source: SL 2016, ch 33, §5; SL 2017, ch 31, §9.
SD Codified L § 3-23-6 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-6 - School districts and cooperative education service units--Officials with contract authority--Prohibitions on interest in or direct benefit from contract.

3-23-6. School districts and cooperative education service units--Officials with contract authority--Prohibitions on interest in or direct benefit from contract. No board member, business manager, chief financial officer, superintendent, chief executive officer, or other person with the authority to enter into a contract or spend money in an amount greater than five thousand dollars of a school district, cooperative education service unit, or jointly governed education service entity that receives money from or through the state may have an interest in a contract nor receive a direct benefit from a contract in amount greater than five thousand dollars or multiple contracts in an amount greater than five thousand dollars with the same party within a twelve-month period to which the school district or cooperative education service unit is a party except as provided in §3-23-8. Source: SL 2016, ch 33, §6; SL 2017, ch 31, §10; SL 2017, ch 74, §1; SL 2021, ch 73, § 23.
SD Codified L § 3-23-7 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-7 - Officials with contract authority--Description of direct benefit from contract.

3-23-7. Officials with contract authority--Description of direct benefit from contract. A person described in §3-23-6 derives a direct benefit from a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets:(1)Is a party to or intended beneficiary of any contract held by the school district or cooperative education service unit;(2)Has more than a five percent ownership interest in an entity that is a party to any contract held by the school district or cooperative education service unit;(3)Acquires property under the contract; or(4)Will receive compensation, commission, promotion, or other monetary benefit directly attributable to any contract with the school district or cooperative education service unit. Source: SL 2016, ch 33, §7; SL 2017, ch 31, §11; SL 2021, ch 73, § 24.
SD Codified L § 3-23-7.1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 23 - Conflicts Of Interest|Section 3-23-7.1 - Officials with contract authority--Description of interest in contract.

3-23-7.1. Officials with contract authority--Description of interest in contract. A person described in §3-23-6 has an interest in a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets:(1)Is employed by a party to any contract with the school district or cooperative education service unit; or(2)Receives more than nominal compensation or reimbursement for actual expenses for serving on the board of directors of an entity that derives income or commission directly from the contract or acquires property under the contract. Source: SL 2017, ch 31, §12; SL 2021, ch 73, § 25.