§ 27-1-29-7 — Powers of commission; limit on surcharge levied against members of fund; reports

Indiana § 27-1-29-7

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 29: Indiana Political Subdivision Risk Management

Text

(a) The commission is granted all powers
necessary, convenient, or appropriate to carry out and effectuate its
public and corporate purposes under this chapter and IC 27-1-29.1
including, but not limited to, and except as otherwise restricted in this
chapter or IC 27-1-29.1:
(1) The power to have perpetual existence as a body corporate and
politic, and an independent instrumentality, but not a state agency,
exercising essential public functions.
(2) The power to sue and be sued.
(3) The power to adopt and alter an official seal.
(4) The power to make and enforce bylaws and rules for the
conduct of its business, which bylaws and rules may be adopted
by the commission without complying with IC 4-22-2.
(5) The power to make contracts and incur liabilities, borrow
money, issue its negotiable bonds or notes in accordance with this
chapter, subject to provisions for registration of negotiable bonds
and notes, and provide for and secure their payment and provide
for the rights of their holders, and purchase and hold and dispose
of any of its bonds or notes.
(6) The power to acquire, hold, use, and dispose of its income,
revenues, funds, and money.
(7) The power to acquire, rent, lease, hold, use, and dispose of
property for its purposes.
(8) The power to fix and revise from time to time and charge and
collect fees and charges for the use of its services or facilities.
(9) The power to accept gifts or grants of property, funds, money,
materials, labor, supplies, or services from the United States, any
governmental unit, or any person, carry out the terms or
provisions or make agreements with respect to the gifts or grants,
and do all things necessary, useful, desirable, or convenient in
connection with procuring, accepting, or disposing of the gifts or
grants.
(10) The power to do anything authorized by this article, through
its officers, agents, or employees or by contracts with a person.
(11) The power to procure insurance against any losses in
connection with its property, operations, or assets in amounts and
from insurers as it considers desirable.
(12) The power to cooperate with and exchange services,
personnel, and information with any federal, state, or local
government agency.
(b) The commission may:
(1) implement a statewide program of loss control and risk
management to minimize the liabilities of members of the fund;
(2) contract with any persons or entities to obtain or provide the
services of risk managers, actuaries, loss control specialists,
attorneys, and other professionals in carrying out its powers and
duties under this chapter and to pay for those services from the
fund;
(3) exercise control over the defense of members of the fund
against tort claims, including the selection and retention of legal
counsel, the direction of counsel in the conduct of cases, and the
negotiation and acceptance or rejection of any settlement;
(4) establish procedures by which political subdivisions can gain
or regain membership and relinquish membership in the fund;
(5) establish procedures and criteria for the imposition of
assessments to be paid by members of the fund, and the payment
of members' liabilities;
(6) establish programs for the payment of money from the fund to
compensate members for damage to or loss of real or personal
property;
(7) establish programs for the payment of:
(A) liabilities covered under IC 34-13-3 (or IC 34-4-16.5 before
its repeal); and
(B) liabilities that are not covered under IC 34-13-3 (or IC 34-4-16.5 before its repeal), including, but not limited to,
liability due to alleged violations of the Constitution of the
United States or federal civil rights statutes by law enforcement
officers;
(8) establish programs by which members can protect their
elected officers and employees against liability arising from their
alleged errors or omissions;
(9) establish procedures by which a member of the fund can settle
small claims that are within the deductible provision of coverage
under the fund;
(10) capitalize the fund by levying against each member of the
fund an annual surcharge over and above the assessment imposed
against the member under section 12 of this chapter; and
(11) establish any other programs or procedures the commission
considers necessary for the implementation of this chapter.
The amount of the surcharge levied against a member of the fund for
a particular year under subdivision (10) may not exceed twenty-five
percent (25%) of the member's assessment for the same year.
(c) The commission shall file a report in an electronic format under
IC 5-14-6 with the general assembly each year concerning the
operations of the commission and the condition of the fund.

Legislative History

As added by P.L.162-1986, SEC.1. Amended by P.L.272-1987, SEC.2; P.L.1-1998, SEC.143; P.L.28-2004, SEC.166.