Title 45, Chapter 9, Section 4
( 45-9-4)
(a) When the commissioner of administrative services determines that an adequate number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested the commissioner to do so, the commissioner shall have the authority to purchase policies of liability insurance, reinsurance, or contracts of indemnity insuring or indemnifying the officers, officials, or employees of such agencies, boards, bureaus, commissions, departments, or authorities against personal liability for damages arising out of the performance of their duties or in any way connected therewith, under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may provide for endorsements for contractual liability and, where necessary or convenient to the public functions of the state, the commissioner may also provide for additional insureds. In such event, the commissioner may alternatively retain all moneys paid to the Department of Administrative Services as premiums on such policies of liability insurance or contracts of indemnity, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the commissioner decides to institute a self-insurance program, the commissioner shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state and for any additional insureds. Any amounts held by the commissioner which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the self-insurance program. The director of the Office of Treasury and Fiscal Services shall invest these funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50. All income derived from such investments shall accrue to the self-insurance program. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this subsection, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services. (b) On April 19, 1994, the commissioner of administrative services
shall transfer all funds from the Hazardous Materials Liability
Reserve Fund into the State Tort Claims Trust Fund established
pursuant to Article 2 of Chapter 21 of Title 50. (c) If the insurer of any liability policy purchased for the benefit
of the officers and employees of the state or state authorities
shall become or has become insolvent, be placed into receivership,
be subject to any other delinquency or bankruptcy proceeding, cancel
its policies, or take or have taken against it like actions, the
commissioner of administrative services may protect such employees
against loss by such means as he may determine, including without
limitation undertaking to cover, insure, or self-insure the
corresponding liabilities and expenses, including without limitation
claims, contingent claims, and incurred but unreported claims.
However, the commissioner shall incur no obligation beyond the funds
then available for commitment to the obligation. For these purposes
the commissioner may proceed against such insurer, its receiver, or
other representative and any other appropriate person by means of
the state's own claim or by assignment, subrogation, or otherwise. (d) The commissioner of administrative services is authorized in his
discretion either to purchase commercial insurance coverage or to
self-insure under an existing self-insurance trust fund all foster
parents and foster children participating in programs sponsored by
the Department of Human Resources or in the care and custody of the
Department of Human Resources upon a request from the commissioner
of human resources. The commissioner of administrative services
will establish appropriate premiums and limits applicable to such
requested insurance coverage. The Department of Human Resources is
authorized to pay the premiums for such insurance from available
appropriated funds or other available sources of funds. (e) If requested by the Georgia State Finance and Investment
Commission, the commissioner of administrative services is
authorized, at the commissioner's discretion, to establish a
consolidated insurance program to furnish general liability
insurance, workers' compensation insurance, builders' risk
insurance, or general liability and workers' compensation and
builders' risk insurance for all contractors on a construction
project (wrap up). The premium for such insurance shall be paid
from funds appropriated by the General Assembly to construct the
project, and, at the completion of a project, any savings
attributable to the consolidated insurance program less
administrative costs shall be returned by the Department of
Administrative Services to the Georgia State Finance and Investment
Commission. (f) The commissioner of administrative services is authorized in his
or her discretion either to purchase commercial insurance coverage
or to self-insure under an existing self-insurance trust fund all
attention and contract homeparents and those youth participating in
programs sponsored by the Department of Juvenile Justice or in the
care and custody of the Department of Juvenile Justice upon a
request from the commissioner of juvenile justice. The commissioner
of administrative services shall establish appropriate premiums and
limits applicable to such requested insurance coverage. The
Department of Juvenile Justice is authorized to pay the premiums for
such insurance from available appropriated funds or other available
sources of funds. |