HB 1248-1_ Filed 03/29/2001, 09:36
COMMITTEE REPORT
MR. PRESIDENT:
The Senate Committee on Corrections, Criminal and Civil Procedures, to which was referred House
Bill No. 1248, has had the same under consideration and begs leave to report the same back to the Senate
with the recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 9; (01)AM124805.1. -->
Page 1, line 9, delete "seven" and insert " five".
Page 1, line 9, delete "($700,000)" and insert " ($500,000)".
Page 2, line 33, delete "seven" and insert " five".
Page 2, line 33, delete "($700,000)" and insert " ($500,000)".
Page 2, between lines 37 and 38, begin a new paragraph and insert:
SOURCE: IC 34-13-3-20; (01)AM124805.3. -->
"SECTION 3. IC 34-13-3-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2002]: Sec. 20. (a) A
political subdivision may purchase insurance to cover the liability of
itself or its employees. Any liability insurance so purchased shall be
purchased by invitation to and negotiation with providers of insurance
and may be purchased with other types of insurance. If such a policy
is purchased, the terms of the policy govern:
(1) the rights and obligations of the political subdivision and the
insurer with respect to the investigation, settlement, and defense
of claims or suits brought against the political subdivision or its
employees covered by the policy;
and
(2) with respect to the maximum liability limitations if the
policy provisions exceed the limitations in section 4 of this
chapter.
The liability insurance policy may not provide for an exception to
its maximum liability limitations on the basis that the liability is
subject to this chapter. However, the insurer may not enter into a
settlement for an amount that exceeds the insurance coverage without
the approval of the mayor, if the claim or suit is against a city, or the
governing body of any other political subdivision, if the claim or suit
is against such political subdivision.
(b) The state may not purchase insurance to cover the liability of
the state or its employees. This subsection does not prohibit any of the
following:
(1) The requiring of contractors to carry insurance.
(2) The purchase of insurance to cover losses occurring on real
property owned by the public employees' retirement fund or the
Indiana state teachers' retirement fund.
(3) The purchase of insurance by a separate body corporate and
politic to cover the liability of itself or its employees.
(4) The purchase of casualty and liability insurance for foster
parents (as defined in IC 27-1-30-4) on a group basis.".
SOURCE: Page 2, line 38; (01)AM124805.2. -->
Page 2, line 38, delete "This act applies" and insert "
IC 27-1-29-14
and IC 34-13-3-4, both as amended by this act, apply".
Page 2, line 39, after "." insert "
IC 34-13-3-20, as amended by
this act, applies only to liability insurance policies issued or
renewed after December 31, 2001.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1248 as printed February 22, 2001.)
and when so amended that said bill do pass .
Committee Vote: Yeas 10, Nays 0.
____________________________________
Senator Long, Chairperson
AM 124805/DI 106 2001