105.726. Law, how construed--moneys unavailable, when--representation by attorney general, when.
Law, how construed--moneys unavailable, when--representation byattorney general, when.
105.726. 1. Nothing in sections 105.711 to 105.726 shall beconstrued to broaden the liability of the state of Missouri beyond theprovisions of sections 537.600 to 537.610, RSMo, nor to abolish or waiveany defense at law which might otherwise be available to any agency,officer, or employee of the state of Missouri. Sections 105.711 to 105.726do not waive the sovereign immunity of the state of Missouri.
2. The creation of the state legal expense fund and the paymenttherefrom of such amounts as may be necessary for the benefit of any personcovered thereby are deemed necessary and proper public purposes for whichfunds of this state may be expended.
3. Moneys in the state legal expense fund shall not be available forthe payment of any claim or any amount required by any final judgmentrendered by a court of competent jurisdiction against a board of policecommissioners established under chapter 84, RSMo, including thecommissioners, any police officer, notwithstanding sections 84.330 and84.710, RSMo, or other provisions of law, other employees, agents,representative, or any other individual or entity acting or purporting toact on its or their behalf. Such was the intent of the general assembly inthe original enactment of sections 105.711 to 105.726, and it is madeexpress by this section in light of the decision in Wayman Smith, III, etal. v. State of Missouri, 152 S.W.3d 275. Except that the commissioner ofadministration shall reimburse from the legal expense fund any board ofpolice commissioners established under chapter 84, RSMo, for liabilityclaims otherwise eligible for payment under section 105.711 paid by suchboards on an equal share basis per claim up to a maximum of one milliondollars per fiscal year.
4. If the representation of the attorney general is requested by aboard of police commissioners, the attorney general shall represent,investigate, defend, negotiate, or compromise all claims under sections105.711 to 105.726 for the board of police commissioners, any policeofficer, other employees, agents, representatives, or any other individualor entity acting or purporting to act on their behalf. The attorneygeneral may establish procedures by rules promulgated under chapter 536,RSMo, under which claims must be referred for the attorney general'srepresentation. The attorney general and the officials of the city whichthe police board represents shall meet and negotiate reasonable expenses orcharges that will fairly compensate the attorney general and the office ofadministration for the cost of the representation of the claims under thissection.
5. Claims tendered to the attorney general promptly after the claimwas asserted as required by section 105.716 and prior to August 28, 2005,may be investigated, defended, negotiated, or compromised by the attorneygeneral and full payments may be made from the state legal expense fund onbehalf of the entities and individuals described in this section as aresult of the holding in Wayman Smith, III, et al. v. State of Missouri,152 S.W.3d 275.
(L. 1983 S.B. 275, A.L. 2005 S.B. 420 & 344)