Sec. 5. (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. However, the reduction in membership of the commission from ten (10) appointed members to nine (9) appointed members shall be accomplished as the terms of members end and new members are appointed. Until the expiration of the term of a member who is serving on the commission on January 1, 2014, and resides in the same congressional district as another member, the commission consists of ten (10) appointed members. Except for the 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.
As added by P.L.162-1986, SEC.1. Amended by P.L.272-1987, SEC.1; P.L.53-2014, SEC.141.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 29. Indiana Political Subdivision Risk Management Commission
27-1-29-1. "Commission" Defined
27-1-29-3. "Liability" Defined
27-1-29-4. "Political Subdivision" Defined
27-1-29-7. Powers of Commission; Limit on Surcharge Levied Against Members of Fund; Reports
27-1-29-8. Expenses Incurred; Payment
27-1-29-9. Liability Insurance or Indemnification; State Responsibility for Commission Obligations
27-1-29-11. Fund Members; Eligibility; Assessments; Surcharge Levies; Payment of Liabilities
27-1-29-12. Assessments on Members of Fund
27-1-29-13. Payment of Liabilities of Members of Fund; Primary Coverage
27-1-29-14. Eligibility and Guidelines for Payment From Fund
27-1-29-15. Filing Notice of Intent to Become Member of Fund; Relinquishing Membership in Fund
27-1-29-16. Appointment of Members; Rules
27-1-29-17. Bonds or Notes Issued by Commission; Purposes; Status; Procedures
27-1-29-28. Actions Affecting Fund Warranted by Declining Membership or Financial Conditions