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Home » US Law » 2022 South Dakota Codified Laws » Title 34 - Public Health and Safety » Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities

Section 34-48-1 – Definition of terms.

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 […]

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

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.

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

34-48-12. 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 […]

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

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. […]

Section 34-48-4 – Provision of assistance.

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.

Section 34-48-5 – Withdrawal of assistance.

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.

Section 34-48-6 – Authority of personnel.

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 […]

Section 34-48-7 – Reimbursement of expenses.

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 […]

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

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 […]

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

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 […]