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36-1-6.1
Insurance coverage for
negligent, wrongful acts of
state employees or agents,
including foster parents and
adult foster care providers;
duties of Finance Director;
self-insurance; service of
copy of lawsuit on Attorney
General; costs of insurance.
(a) The various state
agencies, departments,
boards or commissions shall
determine and report their
needs for liability coverage
to the Finance Director, the
Insurance Commissioner, and
the Attorney General. The
Finance Director, with the
advice of the Insurance
Commissioner and Attorney
General, shall then
determine the type of
blanket policy needed to
provide basic coverage for
deaths, injuries, or damages
arising out of the negligent
or wrongful acts or
omissions committed by state
employees or agents of the
state, including individuals
serving as foster parents
licensed or approved by the
Department of Human
Resources to maintain homes
for a child or children
under the supervision of
said department or serving
as adult foster care
providers approved by the
Department of Human
Resources to provide foster
care for adults under the
supervision of the
Department of Human
Resources, while in the
performance of their
ol1icial duties in the line
and scope of their
employment or duties as
foster parents or foster
care providers. Any policy
of insurance or reinsurance
shall be selected by the
Finance Director on a
competitive bid basis for an
initial period of three
years with a provision for
annual review beginning
October I, 1987.
(b) The Finance Director,
with the advice of the
Insurance Commissioner and
the Attorney General, may
provide for self-insurance
of the entire state or any
part of the state under such
terms and conditions as the
Finance Director shall
determine. Any funds
appropriated for the purpose
of self-insurance and paid
into a special trust account
under the provisions of this
section shall not revert to
the State Treasury at the
end of a fiscal year, but
may be carried over from
year to year provided such
funds are not used for any
other purpose.
(c) In any action brought in
the courts of the State of
Alabama or United States
wherein a plaintiff seeks
damages arising out of the
negligent or wrongful acts
or omissions committed by
state employees or agents of
the state, including those
foster parents and foster
care providers specified in
subsection (a) herein, while
in the performance of their
official duties in the line
and scope of their
employment or duties as
foster parents or foster
care providers, the
plaintiff shall cause the
Attorney General of the
State of Alabama to be
served with a copy of the
suit against the employee,
agent or servant of the
board, agency, commission or
department.
(d) The charges or costs of
the liability insurance or
self-insurance provided
under the provision of this
section shall be paid from
the funds appropriated for
the operation of the
several] state departments,
agencies, boards, or
commissions. The Finance
Director may apportion the
costs or charges to the
several state departments,
agencies, boards or
commissions in order to
cover the risk involved.
(e) The provisions of this
section shall not apply to
any educational institution
or board in this state.
(Acts
1983,
No,
83-521,
p.
809,
§§1-5;
Acts
1988,
1st
E'(.
Sess.,
No.
88-825,
p.
285, §1.)
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