§ 27-1-29-5 — Creation; purpose; membership; appointment; term; qualifications; vacancies; per diem and expenses; tax exempt property of commission

(a) The Indiana political subdivision risk
management commission is created as a separate body corporate and
politic, constituting an instrumentality of the state for the public
purposes set out in this chapter, but not a state agency. The commission
is separate from the state in its corporate and sovereign capacity. The
purpose of the commission is aiding political subdivisions in protecting
themselves against liabilities. The commission is not subject to IC 27-6-8, and the Indiana guaranty association created by IC 27-6-8-5 has
no obligation to insureds or claimants of the commission.
(b) The commission consists of the insurance commissioner, who
shall serve as chairman, and nine (9) other commission members.
Except for the insurance commissioner, the members of the
commission shall be appointed by the governor for a term of four (4)
years. No more than five (5) commission members appointed by the
governor under this section may be members of the same political
party. The commission members appointed by the governor under this
section must include one (1) resident of each congressional district in
Indiana. The commission shall elect one (1) of the appointed
commission members as secretary of the commission.
(c) A commission member may be reappointed to the commission.
(d) In appointing commission members under this section, the
governor shall consider the qualifications, expertise, and background
that would provide the proper talent to administer this chapter. To the
degree possible, the members must have backgrounds in educational
administration, risk management, and governance of a political
subdivision and must include persons with knowledge of insurance
matters.
(e) A vacancy occurring on the commission shall be filled through
the appointment of a resident of the same congressional district as the
vacating commission member for the unexpired term of the
commission member leaving the commission.
(f) Each member of the commission who is not a state employee is
entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
Such a commission member is also entitled to reimbursement for
traveling expenses and other expenses actually incurred in connection
with the member's duties, as provided in the state travel policies and
procedures established by the department of administration and
approved by the state budget agency.
(g) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the commission member's duties,
as provided in the state travel policies and procedures established by
the department of administration and approved by the state budget
agency.
(h) All property of the commission is public property devoted to an
essential public and governmental function and purpose and is exempt
from all taxes and special assessments of the state or a political
subdivision of the state.
(i) The term of a member of the commission expires upon the
expiration of this chapter under section 29 of this chapter.

Legislative History

As added by P.L.162-1986, SEC.1. Amended by P.L.272-1987, SEC.1; P.L.53-2014, SEC.141; P.L.46-2023, SEC.1.