Subject to IC 34-13-2 , IC 34-13-3 , and IC 34-13-4 , this chapter applies when a member of the department is sued for civil damages and:

1. (1) the department administratively determines that the civil action arose out of an act performed within the scope of the duties of the member; and
2. (2) a lack of defense of the action by the state would prejudice the construction, maintenance, or administration of state highways.

As added by P.L.18-1990, SEC.225. Amended by P.L.1-1998, SEC.92.