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2017 Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 46 - Immunity of State and Political Subdivisions From Liability and Suit for Torts and Torts of Employees
§ 11-46-19. Powers and duties of board
Universal Citation: MS Code § 11-46-19 (2017)
- (1) The board shall have the following powers:
- (a) To provide oversight over the Tort Claims Fund;
- (b) To approve any award made from the Tort Claims Fund;
- (c) To pay all necessary expenses attributable to the operation of the Tort Claims Fund from such fund;
- (d) To assign litigated claims against governmental entities other than political subdivisions to competent attorneys unless such governmental entity has a staff attorney who is competent to represent the governmental entity and is approved by the board; the board shall give primary consideration to attorneys practicing in the jurisdiction where the claim arose in assigning cases; attorneys hired to represent a governmental entity other than a political subdivision shall be paid according to the department fee schedule;
- (e) To approve all claimants' attorney fees in claims against the state;
- (f) To employ on a full-time basis a staff attorney who shall possess the minimum qualifications required to be a member of The Mississippi Bar, and such other staff as it may deem necessary to carry out the purposes of this chapter; the employees in the positions approved by the board shall be hired by the director, shall be employees of the department, and shall be compensated from the Tort Claims Fund;
- (g) To contract with one or more reputable insurance consulting firms as may be necessary;
- (h) To purchase any policies of liability insurance and to administer any plan of self-insurance or policies of liability insurance required for the protection of the state against claims and suits brought under this chapter;
- (i) To expend money from the Tort Claims Fund for the purchase of any policies of liability insurance and the payment of any award or settlement of a claim against the state under the provisions of this chapter or of a claim against any school district, junior college or community college district, or state agency, arising from the operation of school buses or other vehicles, under the provisions of Section 37-41-42;
- (j) To cancel, modify or replace any policy or policies of liability insurance procured by the board;
- (k) To issue certificates of coverage to governmental entities, including any political subdivision participating in any plan of liability protection approved by the board;
- (l) To review and approve or reject any plan of liability insurance or self-insurance reserves proposed or provided by political subdivisions if such plan is intended to serve as security for risks of claims and suits against them for which immunity has been waived under this chapter;
- (m) To administer disposition of claims against the Tort Claims Fund;
- (n) To withhold issuance of any warrants payable from funds of a participating state entity should such entity fail to make required contributions to the Tort Claims Fund in the time and manner prescribed by the board;
- (o) To develop a comprehensive statewide list of attorneys who are qualified to represent the state and any employee thereof named as a defendant in a claim brought under this chapter against the state or such employee;
- (p) To develop a schedule of fees for paying attorneys defending claims against the state or an employee thereof;
- (q) To adopt and promulgate such reasonable rules and regulations and to do and perform all such acts as are necessary to carry out its powers and duties under this chapter;
- (r) To establish and assess premiums to be paid by governmental entities required to participate in the Tort Claims Fund;
- (s) To contract with a third-party administrator to process claims against the state under this chapter;
- (t) To annually submit its budget request to the Legislature as a state agency;
- (u) To dispose of salvage obtained in settlement or payment of any claim at fair market value by such means and upon such terms as the board may think best; and
- (v) [Repealed]
- (2) Policies of liability insurance purchased for the protection of governmental entities against claims and suits brought under this chapter shall be purchased pursuant to the competitive bidding procedures set forth in Section 31-7-13.
- (3) The department shall have the following powers and duties:
- (a) To annually report to the Legislature concerning each comprehensive plan of liability protection established pursuant to Section 11-46-17(2). Such report shall include a comprehensive analysis of the cost of the plan, a breakdown of the cost to participating state entities, and such other information as the department may deem necessary.
- (b) To provide the board with any staff and meeting facilities as may be necessary to carry out the duties of the board as provided in this chapter.
- (c) To submit the board's budget request for the initial year of operation of the board in order to authorize expenditures for the 1993-1994 fiscal year and for the appropriation of such general funds as shall be required for the commencement of its activities.
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