§ 19. Reimbursement of defense costs incurred by or on behalf of state\nemployees. 1. (a) As used in this section, unless the context otherwise\nrequires, the term "employee" shall mean any person holding a position\nby election, appointment or employment in the service of the state,\nwhether or not compensated, or a volunteer expressly authorized to\nparticipate in a state-sponsored volunteer program, but shall not\ninclude an independent contractor. The term employee shall include a\nformer employee, his estate or judicially appointed personal\nrepresentative and persons who assist the education department or the\ndepartment of health as consultants or expert witnesses in the\ninvestigation or prosecution of alleged professional misconduct,\nlicensure matters, restoration proceedings or criminal prosecutions for\nunauthorized practice pursuant to title eight of the education law or\ntitle II-A of article two of the public health law.\n (b) For the purposes of this section, the term "employee" shall\ninclude members, officers and other persons in the employment of the New\nYork state energy research and development authority.\n (c) For the purposes of this section, the term "employee" shall\ninclude members of the state patient qualification review board\nappointed by the commissioner of health pursuant to article\nthirty-three-A of the public health law.\n (d) For the purposes of this section, the term "employee" shall\ninclude directors, officers and employees of the facilities development\ncorporation.\n (e) For the purposes of this section, the term "employee" shall\ninclude directors, officers and employees of the environmental\nfacilities corporation.\n (f) For purposes of this section, the term "employee" shall include\ndirectors, officers and employees of the dormitory authority;\n (g) For the purposes of this section only, the term "employee" shall\ninclude any member, director, officer or employee of a soil and water\nconservation district created pursuant to section five of the soil and\nwater conservation districts law who is working on a project which\nreceives funding from the state and has received approval by the state\nsoil and water conservation committee.\n (h) For the purposes of this section and consistent with the\nprovisions of section 13 of a chapter of the laws of 1997, amending the\npublic authorities law, the public health law, the public officers law,\nchapter 41 of the laws of 1997 relating to providing a retirement\nincentive for certain public employees, and the civil service law,\nrelating to the creation of the Roswell Park Cancer Institute\ncorporation and providing for the rights, powers, duties and\njurisdiction of such corporation, the term "employee" shall include\ndirectors, officers and employees of the Roswell Park Cancer Institute\ncorporation.\n (i) For the purposes of this section, the term "employee" shall\ninclude directors, officers, and employees of the Governor Nelson A.\nRockefeller empire state plaza performing arts center corporation.\n (j) For purposes of this section, the term "employee" shall include\ndirectors, officers and employees of the thruway authority, and the\ndirectors, officers and employees of the canal corporation. In those\ncases where the definition of the term "employee" provided in this\nparagraph is applicable, the term "state", as utilized in subdivisions\ntwo, three, and four of this section, shall mean the thruway authority\nwhen the employee is a director, officer, or employee of the thruway\nauthority, or the canal corporation, when the employee is a director,\nofficer, or employee of the canal corporation.\n 2. (a) Upon compliance by the employee with the provisions of\nsubdivision three of this section, and subject to the conditions set\nforth in paragraph (b) of this subdivision, it shall be the duty of the\nstate to pay reasonable attorneys' fees and litigation expenses incurred\nby or on behalf of an employee in his or her defense of
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