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

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

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

(b)  An indemnity provision not in strictcompliance with this section shall not give rise to a claim against the Stateunder chapter 661 or otherwise waive the State's sovereign immunity. [L 2007, c152, §10]