Sec. 2. 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) 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) a lack of defense of the action by the state would prejudice the construction, maintenance, or administration of state highways.
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