105.716. Attorney general to handle claims, exceptions--certain departments to reimburse fund--prior to settlement, payment of certain legal expenses authorized, when.
Attorney general to handle claims, exceptions--certain departments toreimburse fund--prior to settlement, payment of certain legal expensesauthorized, when.
105.716. 1. Any investigation, defense, negotiation, orcompromise of any claim covered by sections 105.711 to 105.726shall be conducted by the attorney general; provided, that inthe case of any claim against the department of conservation,the department of transportation or a public institutionwhich awards baccalaureate degrees, or any officeror employee of such department or* such institution, anyinvestigation, defense, negotiation, or compromise of any claimcovered by sections 105.711 to 105.726 shall be conducted bylegal counsel provided by the respective entity against whichthe claim is made or which employs the person against whom theclaim is made. In the case of any payment from the state legalexpense fund based upon a claim or judgment against thedepartment of conservation, the department of transportationor any officer or employee thereof, the department soaffected shall immediately transfer to the state legalexpense fund from the department funds a sum equal to theamount expended from the state legal expense fund on its behalf.
2. All persons and entities protected by the state legalexpense fund shall cooperate with the attorneys conducting anyinvestigation and preparing any defense under the provisions ofsections 105.711 to 105.726 by assisting such attorneys in allrespects, including the making of settlements, the securing andgiving of evidence, and the attending and obtaining witness toattend hearings and trials. Funds in the state legal expensefund shall not be used to pay claims and judgments against thosepersons and entities who do not cooperate as required by thissubsection.
3. The provisions of sections 105.711 to 105.726notwithstanding, the attorney general may investigate, defend,negotiate, or compromise any claim covered by sections 105.711to 105.726 against any public institution which awardsbaccalaureate degrees whose governing body has declared a stateof financial exigency.
4. Notwithstanding the provisions of subsection 2 ofsection 105.711, funds in the state legal expense fund may beexpended prior to the payment of any claim or any final judgmentto pay costs of defense, including reasonable attorney's feesfor retention of legal counsel, when the attorney generaldetermines that a conflict exists or particular expertise is**required, and also to pay for related legal expenses includingmedical examination fees, expert witness fees, court reporterexpenses, travel costs and ancillary legal expenses incurredprior to the payment of a claim or any final judgment.
(L. 1983 S.B. 275, A.L. 1987 H.B. 667, et al. merged with H.B. 564)Effective 9-28-87 (subsecs. 1, 2, 3) 8-31-87 (subsec. 4)
*Word "of" appears in original rolls.
**Word "in" appears in original rolls.