21-32A-3. Immunity of public entities--Affirmative defense.Except insofar as a public entity participates in a risk sharing pool or insurance is purchased pursuant to §21-32A-1, any public entity is immune from liability for damages whether the function in which it is involved is governmental or proprietary. The immunity recognized herein may be raised by way of affirmative defense. Source: SL 1986, ch 175, §3; SL 1987, ch 163, §3.
South Dakota Legal Code