§ 33:1343 — Authority of governmental subdivisions to form, join, and participate in interlocal

§1343. Authority of governmental subdivisions to form, join, and participate in interlocal
risk management agency; employer contributions toward premiums; ownership of
record
A. Any two or more local governmental subdivisions may make and execute an
intergovernmental agreement between or among themselves to form and become members
of an interlocal risk management agency. After an interlocal risk management agency has
been formed, any local governmental subdivision may, subject to the bylaws and
requirements of such agency, become a member and through participation in the agency may:
(1) Pool all forms of insurance risks in whole or in part with those of other local
governmental subdivisions.
(2) Jointly purchase all forms of insurance with other local governmental
subdivisions participating in and belonging to the interlocal risk management agency, the
participating local governmental subdivisions to be coinsured under a master policy with the
total premium prorated among such participants.
B. Each group self-insurance fund shall be separate as to risk, and maintained as a
separate pool, but one or more of the funds may be administered by a single interlocal risk
management agency. Local governmental subdivisions concluding an agreement under the
provisions hereof may by resolution duly adopted by the governing body thereof designate
the Louisiana Municipal Association for the municipalities, the Police Jury Association of
Louisiana for the parishes, and the Louisiana School Board Association for the local public
school systems to administer the interlocal risk management agency and any group self-
insurance fund established by said agency, and to further administer the terms and conditions
of the intergovernmental agreement by which the agency and the group self-insurance fund
has been created.
C. All arrangements and agreements made under the authority of this Section shall
be reduced to writing. A local governmental subdivision may become a member of an
interlocal risk management agency by the authority of an ordinance adopted by the governing
body thereof in the same manner as are other proceedings of such governing body. The
interlocal risk management agency will operate under such name and style as shall be
provided in the agreement creating same and shall have the power to sue and be sued.
D. Nothing in this Subpart shall be construed to limit the contribution of a local
governmental subdivision participating in an interlocal risk management agency toward the
payment of premiums for accident and health protection for its employees or their
dependents, or both.
E. All books, records, and files maintained by a third party for the agency, including
but not limited to audit data and all active and inactive claims files, shall at all times be the
sole property of the agency and shall be surrendered immediately to the agency upon
demand.
F. In addition to local governmental subdivisions, statewide organizations composed
of local governmental subdivisions and their wholly owned subsidiaries may become
members of an interlocal risk management agency for purposes of providing accident and
health protection to their employees and for purposes of providing coverage for those risks
defined in R.S. 22:47(3), (6), and (10), and public liability and workers' compensation
coverage upon approval of the governing body of the association and the governing body of
the interlocal risk management agency. For purposes of this Subsection, the Police Jury
Association of Louisiana, the Louisiana Municipal Association, and the Louisiana School
Board Association shall be considered statewide organizations composed of local
governmental subdivisions.

Legislative History

Added by Acts 1979, No. 462, §1. Amended by Acts 1982, No. 454, §1; Acts 1984, No. 171, §1, eff. June 25, 1984 Acts 1984, No. 177, §1, eff. June 25, 1984; Acts 1985, No. 427, §1, eff. July 10, 1985; Acts 1986, No. 641, §1; Acts 1990, No. 793, §1; Acts 1991, No. 507, §1; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2015, No. 309, §1.