Title 45, Chapter 9, Section 1
( 45-9-1)
(a) In addition to any other compensation which may be paid to an
officer, official, or employee of any agency, board, bureau,
commission, department, or authority of the executive, judicial, or
legislative branch of government of this state, each such agency,
board, bureau, commission, department, or authority is authorized,
in its discretion, to purchase policies of liability insurance or
contracts of indemnity or to formulate sound programs of
self-insurance utilizing funds available to such agency, board,
bureau, commission, department, or authority, insuring or
indemnifying such officers, officials, or employees to the extent
that they are not immune from liability against personal liability
for damages arising out of the performance of their duties or in any
way connected therewith. Such policies of liability insurance,
contracts of indemnity, or programs of self-insurance may also
provide for reimbursement to an officer, official, or employee of
any agency, board, bureau, commission, department, or authority of
the state for reasonable legal fees and other expenses incurred in
the successful defense of a criminal action arising out of the
performance of his official duties. In addition, in the case of an
officer, official, or employee who is required to maintain a
professional license, such reimbursement may also be provided for
legal fees and other expenses so incurred in the successful defense
of a charge arising out of the performance of his official duties in
proceedings before a professional licensing board, disciplinary
board or commission, or other similar body. Legal fees and other
expenses shall be subject to adjustment by and the approval of the
Attorney General. (b) Such agencies, boards, bureaus, commissions, departments, or
authorities may expend federal and state or other available funds
for such purposes. The amount of such insurance or indemnity shall
also be in the discretion of such agency, board, bureau, commission,
department, or authority. (c) For the purpose of this article, the term "agency" shall
specifically include, but shall not be limited to, public retirement
systems of state-wide application established by the laws of this
state, but shall not include counties or municipalities; provided,
however, that the employees of community service boards, county
departments of health, and county departments of family and children
services as well as the members of the boards of said departments
shall be considered to be state employees or officials for the
purpose of this article. In order to facilitate the administration
of liability coverage or other insurance coverages provided the
community service boards, county departments of health, and county
departments of family and children services, the Department of Human
Resources must designate a central office which will be responsible
for obtaining, submitting, and collecting all underwriting
information and insurance premiums requested and assessed by the
Department of Administrative Services. (d) The existence of such insurance or indemnification shall not be
disclosed or suggested in any action brought against such
individual. |