Okla. Stat. tit. 74, § 74-85.58I

Management Program.

A. The Risk Management Administrator may obtain or provide the

insurance coverage specified by this section for conservation

districts established pursuant to Article III of Title 27A of the

Oklahoma Statutes. Pursuant to the provisions of this section and

Oklahoma Statutes - Title 74. State Government Page 217

Section 85.34 of Title 74 of the Oklahoma Statutes, the Risk

Management Administrator may obtain or provide:

1. Property and casualty insurance for any vehicle, vessel or

aircraft owned or operated by the conservation districts or services

provided by conservation districts;

2. Indemnity coverage for any board member, official, employee

or volunteer of any conservation district for any errors and

omissions or liability risks arising from the performance of their

official duties pursuant to law. Any limited indemnity coverage

provided for errors and omissions pursuant to the provisions of this

subsection shall only cover errors or omissions made by a board

member, official, employee or volunteer of a conservation district

occurring after the effective date of this section;

3. Property and casualty insurance coverage for any building

owned or leased by the conservation districts. If a conservation

district is housed in a building with any department or unit of

local governmental entities, the Risk Management Administrator may

also obtain or provide building or structure insurance coverage for

such department or unit in the building;

4. Property and casualty insurance for any liability incurred

by a conservation district as a result of the participation of the

conservation district in the operation and maintenance of flood

control structures or any liability occurring as a result of the

participation of the conservation districts in federal or state

programs authorized pursuant to Article III of Title 27A of the

Oklahoma Statutes; or

5. Indemnity insurance for liability for loss, including

judgments, awards, settlements, costs and legal expenses, resulting

from violations of rights or privileges secured by the Constitution

or laws of the United States which occur while a director, officer,

employee or member is acting within the scope of his service to the

conservation district. Such indemnity insurance shall be for

coverage in excess of the limits on liability established by the

Governmental Tort Claims Act but shall not limit or waive any

immunities now or hereafter available to the conservation district,

or any director, officer, employee or member thereof, including, but

not limited to, any immunities under the Eleventh Amendment to the

Constitution of the United States, state sovereign immunity, and any

absolute or qualified immunity held by any director, officer,

employee or member.

B. The Risk Management Administrator is authorized to determine

eligibility criteria for participation in the Risk Management

Program by conservation districts, or for such member, officer,

employee or volunteer of any conservation district. In addition,

the Risk Management Administrator is authorized to establish

equipment and safety standards for the vehicles, vessels, aircraft,

Oklahoma Statutes - Title 74. State Government Page 218

buildings or other structures to be covered by the Risk Management

Program.

C. Requests for the insurance or indemnity coverage provided

pursuant to the provisions of this section shall be submitted in

writing to the Risk Management Administrator by the conservation

district. Those conservation districts meeting eligibility criteria

shall be approved for participation in the Risk Management Program

by the Risk Management Administrator if the member, officer,

employee or volunteer, and the vehicles, vessels, aircraft and

buildings used by the conservation districts meet the equipment and

safety standards and eligibility requirements established by the

Risk Management Administrator. The Risk Management Administrator
teria

shall be approved for participation in the Risk Management Program

by the Risk Management Administrator if the member, officer,

employee or volunteer, and the vehicles, vessels, aircraft and

buildings used by the conservation districts meet the equipment and

safety standards and eligibility requirements established by the

Risk Management Administrator. The Risk Management Administrator

shall establish liability limits for the insurance coverage

authorized by this section on an annual basis. Any such limits

shall be based on the liquidity of the shared risk pool in the

Conservation District Protection Account resulting from the annual

payments made pursuant to Section 85.37 of Title 74 of the Oklahoma

Statutes and any interest accrued thereon, after deduction of such

sums as may be necessary to pay all overhead and administrative

expenses associated with administering the pool.

D. The conservation districts shall be required to make

payments for such insurance coverage. All fees collected in

accordance with the provisions of this section shall be deposited in

the Conservation District Protection Account within the Risk

Management Political Subdivision Participation Revolving Fund.

E. 1. Any insurance or indemnity coverage shall be provided

solely from funds in the Conservation District Protection Account

and to the extent of assets available in the shared risk pool

established pursuant to the provisions of Section 2 of this act.

The Risk Management Administrator shall determine the extent of

indemnification for losses incurred by any conservation district

based upon the liquidity of the shared risk pool in the Conservation

District Protection Account.

2. The State of Oklahoma is not liable, directly or indirectly,

for any liability incurred by any board member, official, employee

or volunteer of any conservation district in the performance of his

official duties pursuant to law. In addition, the State of Oklahoma

is not liable, directly or indirectly, for any liability incurred by

a conservation district established pursuant to Article III of Title

27A of the Oklahoma Statutes.

F. Any insurance coverage obtained or provided pursuant to the

provisions of this section shall include expenses for legal services

obtained or provided by the Risk Management Administrator.