Indiana 2025 Regular Session

Indiana Senate Bill SB0512 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 512
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 36-1-34.
77 Synopsis: Insurance pooling for political subdivisions. Permits
88 political subdivisions, acting jointly, to pool resources to purchase
99 insurance coverage.
1010 Effective: July 1, 2025.
1111 Becker
1212 January 16, 2025, read first time and referred to Committee on Local Government.
1313 2025 IN 512—LS 6661/DI 154 Introduced
1414 First Regular Session of the 124th General Assembly (2025)
1515 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1616 Constitution) is being amended, the text of the existing provision will appear in this style type,
1717 additions will appear in this style type, and deletions will appear in this style type.
1818 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
1919 provision adopted), the text of the new provision will appear in this style type. Also, the
2020 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2121 a new provision to the Indiana Code or the Indiana Constitution.
2222 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2323 between statutes enacted by the 2024 Regular Session of the General Assembly.
2424 SENATE BILL No. 512
2525 A BILL FOR AN ACT to amend the Indiana Code concerning local
2626 government.
2727 Be it enacted by the General Assembly of the State of Indiana:
2828 1 SECTION 1. IC 36-1-34 IS ADDED TO THE INDIANA CODE AS
2929 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3030 3 1, 2025]:
3131 4 Chapter 34. Pooling Resources for Insurance Coverage
3232 5 Sec. 1. As used in this chapter, "political subdivision" means a:
3333 6 (1) county;
3434 7 (2) township;
3535 8 (3) city;
3636 9 (4) town;
3737 10 (5) separate municipal corporation;
3838 11 (6) special taxing district;
3939 12 (7) city or county hospital;
4040 13 (8) board or commission of one (1) of the entities listed in
4141 14 subdivisions (1) through (7);
4242 15 (9) drug enforcement task force operated jointly by a political
4343 16 subdivision;
4444 17 (10) community correctional service program organized
4545 2025 IN 512—LS 6661/DI 154 2
4646 1 under IC 12-12-1; or
4747 2 (11) solid waste management district established under
4848 3 IC 13-21 or IC 13-9.5-2 (before its repeal).
4949 4 Sec. 2. (a) A political subdivision, in collaboration with other
5050 5 political subdivisions, may jointly undertake action to reduce
5151 6 expenditures by pooling resources for liability insurance, property
5252 7 and casualty insurance, worker's compensation insurance, or any
5353 8 other insurance. Political subdivisions that elect to pool resources
5454 9 for coverage must create a trust under state law for the assets. A
5555 10 trust created under this subsection is subject to regulation by the
5656 11 department of insurance as follows:
5757 12 (1) The trust must be registered with the department of
5858 13 insurance.
5959 14 (2) The trust must obtain stop loss insurance issued by an
6060 15 insurer authorized to do business in Indiana with an
6161 16 aggregate retention of not more than one hundred twenty-five
6262 17 percent (125%) of the amount of expected claims for the
6363 18 following year.
6464 19 (3) Contributions by political subdivisions, acting jointly,
6565 20 must be set at one hundred percent (100%) of the aggregate
6666 21 retention plus all other costs of the trust.
6767 22 (4) The trust must maintain a fidelity bond in an amount
6868 23 approved by the department of insurance. The fidelity bond
6969 24 must cover each person responsible for the trust for acts of
7070 25 fraud or dishonesty in servicing the trust.
7171 26 (5) The trust is subject to IC 27-4-1-4.5 regarding claims
7272 27 settlement practices.
7373 28 (6) The trust must file an annual financial statement in the
7474 29 form required by IC 27-1-3-13 not later than March 1 of each
7575 30 year.
7676 31 (7) The trust is not covered by the Indiana Insurance
7777 32 Guaranty Association created under IC 27-6-8-5. The liability
7878 33 of each political subdivision is joint and several.
7979 34 (8) The trust is subject to examination by the department of
8080 35 insurance. All costs associated with an examination must be
8181 36 borne by the trust.
8282 37 (9) The department of insurance may deny, suspend, or
8383 38 revoke the registration of a trust if the insurance
8484 39 commissioner finds any of the following:
8585 40 (A) The trust is in a hazardous financial condition.
8686 41 (B) The trust refuses to be examined or produce records
8787 42 for examination.
8888 2025 IN 512—LS 6661/DI 154 3
8989 1 (C) The trust failed to pay a final judgment rendered
9090 2 against the trust by a court within thirty (30) days of the
9191 3 court's final declared judgment.
9292 4 (b) An insurance producer licensed by the department of
9393 5 insurance may not solicit, offer, or provide coverage through a
9494 6 pooling arrangement that does not have a certificate of registration
9595 7 from the department of insurance.
9696 8 Sec. 3. The insurance commissioner may adopt rules under
9797 9 IC 4-22-2 to implement this chapter.
9898 2025 IN 512—LS 6661/DI 154