1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 512 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 36-1-34. |
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7 | 7 | | Synopsis: Insurance pooling for political subdivisions. Permits |
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8 | 8 | | political subdivisions, acting jointly, to pool resources to purchase |
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9 | 9 | | insurance coverage. |
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10 | 10 | | Effective: July 1, 2025. |
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11 | 11 | | Becker |
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12 | 12 | | January 16, 2025, read first time and referred to Committee on Local Government. |
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13 | 13 | | 2025 IN 512—LS 6661/DI 154 Introduced |
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14 | 14 | | First Regular Session of the 124th General Assembly (2025) |
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15 | 15 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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16 | 16 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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17 | 17 | | additions will appear in this style type, and deletions will appear in this style type. |
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18 | 18 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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19 | 19 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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20 | 20 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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21 | 21 | | a new provision to the Indiana Code or the Indiana Constitution. |
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22 | 22 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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23 | 23 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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24 | 24 | | SENATE BILL No. 512 |
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25 | 25 | | A BILL FOR AN ACT to amend the Indiana Code concerning local |
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26 | 26 | | government. |
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27 | 27 | | Be it enacted by the General Assembly of the State of Indiana: |
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28 | 28 | | 1 SECTION 1. IC 36-1-34 IS ADDED TO THE INDIANA CODE AS |
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29 | 29 | | 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
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30 | 30 | | 3 1, 2025]: |
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31 | 31 | | 4 Chapter 34. Pooling Resources for Insurance Coverage |
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32 | 32 | | 5 Sec. 1. As used in this chapter, "political subdivision" means a: |
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33 | 33 | | 6 (1) county; |
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34 | 34 | | 7 (2) township; |
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35 | 35 | | 8 (3) city; |
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36 | 36 | | 9 (4) town; |
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37 | 37 | | 10 (5) separate municipal corporation; |
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38 | 38 | | 11 (6) special taxing district; |
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39 | 39 | | 12 (7) city or county hospital; |
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40 | 40 | | 13 (8) board or commission of one (1) of the entities listed in |
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41 | 41 | | 14 subdivisions (1) through (7); |
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42 | 42 | | 15 (9) drug enforcement task force operated jointly by a political |
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43 | 43 | | 16 subdivision; |
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44 | 44 | | 17 (10) community correctional service program organized |
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45 | 45 | | 2025 IN 512—LS 6661/DI 154 2 |
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46 | 46 | | 1 under IC 12-12-1; or |
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47 | 47 | | 2 (11) solid waste management district established under |
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48 | 48 | | 3 IC 13-21 or IC 13-9.5-2 (before its repeal). |
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49 | 49 | | 4 Sec. 2. (a) A political subdivision, in collaboration with other |
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50 | 50 | | 5 political subdivisions, may jointly undertake action to reduce |
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51 | 51 | | 6 expenditures by pooling resources for liability insurance, property |
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52 | 52 | | 7 and casualty insurance, worker's compensation insurance, or any |
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53 | 53 | | 8 other insurance. Political subdivisions that elect to pool resources |
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54 | 54 | | 9 for coverage must create a trust under state law for the assets. A |
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55 | 55 | | 10 trust created under this subsection is subject to regulation by the |
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56 | 56 | | 11 department of insurance as follows: |
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57 | 57 | | 12 (1) The trust must be registered with the department of |
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58 | 58 | | 13 insurance. |
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59 | 59 | | 14 (2) The trust must obtain stop loss insurance issued by an |
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60 | 60 | | 15 insurer authorized to do business in Indiana with an |
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61 | 61 | | 16 aggregate retention of not more than one hundred twenty-five |
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62 | 62 | | 17 percent (125%) of the amount of expected claims for the |
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63 | 63 | | 18 following year. |
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64 | 64 | | 19 (3) Contributions by political subdivisions, acting jointly, |
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65 | 65 | | 20 must be set at one hundred percent (100%) of the aggregate |
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66 | 66 | | 21 retention plus all other costs of the trust. |
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67 | 67 | | 22 (4) The trust must maintain a fidelity bond in an amount |
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68 | 68 | | 23 approved by the department of insurance. The fidelity bond |
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69 | 69 | | 24 must cover each person responsible for the trust for acts of |
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70 | 70 | | 25 fraud or dishonesty in servicing the trust. |
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71 | 71 | | 26 (5) The trust is subject to IC 27-4-1-4.5 regarding claims |
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72 | 72 | | 27 settlement practices. |
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73 | 73 | | 28 (6) The trust must file an annual financial statement in the |
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74 | 74 | | 29 form required by IC 27-1-3-13 not later than March 1 of each |
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75 | 75 | | 30 year. |
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76 | 76 | | 31 (7) The trust is not covered by the Indiana Insurance |
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77 | 77 | | 32 Guaranty Association created under IC 27-6-8-5. The liability |
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78 | 78 | | 33 of each political subdivision is joint and several. |
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79 | 79 | | 34 (8) The trust is subject to examination by the department of |
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80 | 80 | | 35 insurance. All costs associated with an examination must be |
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81 | 81 | | 36 borne by the trust. |
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82 | 82 | | 37 (9) The department of insurance may deny, suspend, or |
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83 | 83 | | 38 revoke the registration of a trust if the insurance |
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84 | 84 | | 39 commissioner finds any of the following: |
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85 | 85 | | 40 (A) The trust is in a hazardous financial condition. |
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86 | 86 | | 41 (B) The trust refuses to be examined or produce records |
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87 | 87 | | 42 for examination. |
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88 | 88 | | 2025 IN 512—LS 6661/DI 154 3 |
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89 | 89 | | 1 (C) The trust failed to pay a final judgment rendered |
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90 | 90 | | 2 against the trust by a court within thirty (30) days of the |
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91 | 91 | | 3 court's final declared judgment. |
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92 | 92 | | 4 (b) An insurance producer licensed by the department of |
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93 | 93 | | 5 insurance may not solicit, offer, or provide coverage through a |
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94 | 94 | | 6 pooling arrangement that does not have a certificate of registration |
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95 | 95 | | 7 from the department of insurance. |
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96 | 96 | | 8 Sec. 3. The insurance commissioner may adopt rules under |
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97 | 97 | | 9 IC 4-22-2 to implement this chapter. |
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98 | 98 | | 2025 IN 512—LS 6661/DI 154 |
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