[§46-71.5]  Indemnification of county
agencies.  (a)  To receive county aid, assistance, support, benefits,
services, and interests in or rights to use county property, a state agency may
agree in writing to an indemnity provision by which the State agrees to
indemnify, defend, and hold harmless a county agency, its officers, agents, and
employees when:



(1)  The governor approves the State's proposed
indemnification; and



(2)  The comptroller, pursuant to section 41D-8.5, has
obtained an insurance policy or policies in an amount sufficient to cover the
liability of the State that reasonably may be anticipated to arise under the
indemnity provision, or has determined that it is not in the best interest of
the State to obtain insurance.



(b)  An indemnity provision not in strict
compliance with this section shall not give rise to a claim against the State
under chapter 661 or otherwise waive the State's sovereign immunity. [L 2007, c
152, §10]