SENATE BILL No. 258
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-5; IC 21-2-5.6-2.
Synopsis: School corporation insurance. Allows school corporations
to enter into interlocal agreements to: (1) purchase insurance coverage;
and (2) establish a cooperative risk management program to provide for
coverage of certain risks of the school corporations.
Effective: Upon passage; July 1, 2005.
January 6, 2005, read first time and referred to Committee on Insurance and Financial
First Regular Session 114th General Assembly (2005)
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 258
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-5-2-2; (05)IN0258.1.1. -->
SECTION 1. IC 20-5-2-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. In carrying out the school
purposes of each school corporation, its governing body acting on its
behalf shall have the following specific powers:
(1) In the name of the school corporation, to sue and be sued and
to enter into contracts in matters permitted by applicable law.
(2) To take charge of, manage, and conduct the educational affairs
of the school corporation and to establish, locate, and provide the
necessary schools, school libraries, other libraries where
permitted by law, other buildings, facilities, property, and
(2.5) To appropriate from the general fund an amount, not to
exceed the greater of three thousand dollars ($3,000) per budget
year or one dollar ($1) per pupil, not to exceed twelve thousand
five hundred dollars ($12,500), based upon the school
corporation's previous year's average daily membership (as
defined in IC 21-3-1.6-1.1) for the purpose of promoting the best
interests of the school corporation by:
(A) the purchase of meals, decorations, memorabilia, or
(B) provision for expenses incurred in interviewing job
(C) developing relations with other governmental units.
(3) To acquire, construct, erect, maintain, hold, and to contract for
such construction, erection, or maintenance of such real estate,
real estate improvements, or any interest in either, as the
governing body deems necessary for school purposes, including
but not limited to buildings, parts of buildings, additions to
buildings, rooms, gymnasiums, auditoriums, playgrounds, playing
and athletic fields, facilities for physical training, buildings for
administrative, office, warehouse, repair activities, or housing of
school owned buses, landscaping, walks, drives, parking areas,
roadways, easements and facilities for power, sewer, water,
roadway, access, storm and surface water, drinking water, gas,
electricity, other utilities and similar purposes, by purchase, either
outright for cash (or under conditional sales or purchases money
contracts providing for a retention of a security interest by seller
until payment is made or by notes where such contract, security
retention, or note is permitted by applicable law), by exchange, by
gift, by devise, by eminent domain, by lease with or without
option to purchase, or by lease under IC 21-5-10, IC 21-5-11, or
IC 21-5-12. To repair, remodel, remove, or demolish any such real
estate, real estate improvements, or interest in either, as the
governing body deems necessary for school purposes, and to
contract therefor. To provide for energy conservation measures
through utility energy efficiency programs or under a guaranteed
energy savings contract as described in IC 36-1-12.5.
(4) To acquire such personal property or any interest therein as
the governing body deems necessary for school purposes,
including but not limited to buses, motor vehicles, equipment,
apparatus, appliances, books, furniture, and supplies, either by
outright purchase for cash, or under conditional sales or purchase
money contracts providing for a security interest by the seller
until payment is made or by notes where such contract, security,
retention, or note is permitted by applicable law, by gift, by
devise, by loan, or by lease with or without option to purchase and
to repair, remodel, remove, relocate, and demolish such personal
property. All purchases and contracts delineated under the powers
given under subdivision (3) and this subdivision shall be subject
solely to applicable law relating to purchases and contracting by
municipal corporations in general and to the supervisory control
of agencies of the state as provided in section 3 of this chapter.
(5) To sell or exchange any of such real or personal property or
interest therein, which in the opinion of the governing body is not
necessary for school purposes, in accordance with IC 20-5-5, to
demolish or otherwise dispose of such property if, in the opinion
of the governing body, it is not necessary for school purposes and
is worthless, and to pay the expenses for such demolition or
(6) To lease any school property for a rental which the governing
body deems reasonable or to permit the free use of school
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children aged five (5) through fourteen (14) years that operates
before or after the school day, or both, and during periods
when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if the property subject to a long term lease is being paid
for from money in the school corporation's debt service fund, then
all proceeds from the long term lease shall be deposited in that
school corporation's debt service fund so long as the property has
not been paid for. The governing body may, at its option, use the
procedure specified in IC 36-1-11-10 in leasing property under
(7) To employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-6.1-3), business managers, superintendents of buildings and
grounds, janitors, engineers, architects, physicians, dentists,
nurses, accountants, teacher aides performing noninstructional
duties, educational and other professional consultants, data
processing and computer service for school purposes, including
but not limited to the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where approved
by the state board of accounts as provided below, and such other
personnel or services, all as the governing body considers
necessary for school purposes. To fix and pay the salaries and
compensation of such persons and such services. To classify such
persons or services and to adopt schedules of salaries or
compensation. To determine the number of such persons or the
amount of services thus employed or contracted for. To determine
the nature and extent of their duties. The compensation, terms of
employment, and discharge of teachers shall, however, be subject
to and governed by the laws relating to employment, contracting,
compensation, and discharge of teachers. The compensation,
terms of employment, and discharge of bus drivers shall be
subject to and shall be governed by any laws relating to
employment, contracting, compensation, and discharge of bus
drivers. The forms and procedures relating to the use of computer
and data processing equipment in handling the financial affairs of
such school corporation shall be submitted to the state board of
accounts for approval to the end that such services shall be used
by the school corporation when the governing body determines
that it is in the best interests of the school corporation while at the
same time providing reasonable accountability for the funds
(8) Notwithstanding the appropriation limitation in subdivision
(2.5), when the governing body by resolution deems a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including but not limited to attending meetings, conferences, or
examining equipment, buildings, and installation in other areas,
to permit such employee to be absent in connection with such trip
without any loss in pay and to refund to such employee or to such
his reasonable hotel and board bills and necessary
transportation expenses. To pay teaching personnel for time spent
in sponsoring and working with school related trips or activities.
(9) To transport children to and from school, when in the opinion
of the governing body such transportation is necessary, including
but not limited to considerations for the safety of such children
and without regard to the distance they live from the school, such
transportation to be otherwise in accordance with the laws
(10) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including but not
limited to the establishment of kitchens, kitchen facilities, kitchen
equipment, lunch rooms, the hiring of the necessary personnel to
operate such program, and the purchase of any material and
supplies therefor, charging students for the operational costs of
such lunch program, fixing the price per meal or per food item. To
operate such lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in any
surplus commodity or lunch aid program.
(11) To purchase textbooks, to furnish them without cost or to
rent them to students, to participate in any textbook aid program,
all in accordance with applicable law.
(12) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(13) To levy taxes, to make budgets, to appropriate funds, and to
disburse the money of the school corporation in accordance with
the laws applicable thereto. To borrow money against current tax
collections and otherwise to borrow money, in accordance with
(14) To purchase insurance,
or to establish and maintain a
program of self-insurance, or enter into an interlocal agreement
with one (1) or more school corporations to establish and
maintain a cooperative risk management program relating to
the liability of the school corporation or its employees in
connection with motor vehicles or property and for any additional
coverage to the extent permitted and in accordance with
IC 34-13-3-20. To purchase additional insurance, or to establish
and maintain a program of self-insurance, or enter into an
interlocal agreement with one (1) or more school corporations
to establish and maintain a cooperative risk management
program protecting the school corporation and members of the
governing body, employees, contractors, or agents of the school
corporation from any liability, risk, accident, or loss related to any
school property, school contract, school or school related activity,
including but not limited to the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting such persons against false imprisonment, false arrest,
libel, or slander for acts committed in the course of their
employment, protecting the school corporation for fire and
extended coverage and other casualty risks to the extent of
replacement cost, loss of use, and other insurable risks relating to
any property owned, leased, or held by the school corporation. To:
(A) participate in a state employee health plan under
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, which may include
accident, sickness, health, or dental coverage, provided that any
plan of self-insurance shall include an aggregate stop-loss
(15) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state government, the federal government, or
from any other source.
(16) To defend any member of the governing body or any
employee of the school corporation in any suit arising out of the
duties for or employment with, the school
corporation, provided the governing body by resolution
determined that such action was taken in good faith. To save any
such member or employee harmless from any liability, cost, or
damage in connection therewith, including but not limited to the
payment of any legal fees, except where such liability, cost, or
damage is predicated on or arises out of the bad faith of such
member or employee, or is a claim or judgment based on
member's or employee's
malfeasance in office or employment.
(17) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures for the government and management
of the schools, property, facilities, and activities of the school
corporation, its agents, employees, and pupils and for the
operation of its governing body, which rules, regulations, and
procedures may be designated by any appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(18) To ratify and approve any action taken by any member of the
governing body, any officer of the governing body, or by any
employee of the school corporation after such action is taken, if
such action could have been approved in advance, and in
connection therewith to pay any expense or compensation
permitted under IC 20-5-1 through IC 20-5-6 or any other law.
(19) To exercise any other power and make any expenditure in
carrying out its general powers and purposes provided in this
chapter or in carrying out the powers delineated in this section
which is reasonable from a business or educational standpoint in
carrying out school purposes of the school corporation, including
but not limited to the acquisition of property or the employment
or contracting for services, even though such power or
expenditure shall not be specifically set out herein. The specific
powers set out in this section shall not be construed to limit the
general grant of powers provided in this chapter except where a
limitation is set out in IC 20-5-1 through IC 20-5-6 by specific
language or by reference to other law.
SOURCE: IC 20-5-2-2.2; (05)IN0258.1.2. -->
SECTION 2. IC 20-5-2-2.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 2.2. Two (2) or more school corporations in Indiana
may enter into an agreement as specified in IC 36-1-7-3 to jointly
purchase any type of insurance described in section 2(14) of this
chapter from a person authorized under IC 27 to sell the insurance
SOURCE: IC 20-5-2.7; (05)IN0258.1.3. -->
SECTION 3. IC 20-5-2.7 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
Chapter 2.7. Cooperative Risk Management Programs
Sec. 1. As used in this chapter, "aggregate insurance coverage"
means the coverage provided by an insurance contract that:
(1) is purchased by a cooperative program; and
(2) provides excess coverage if the aggregate amount of claims
submitted by member school corporations and payable by the
self-insurance fund exceeds the total amount of self-insured
risk retained by the members in a fiscal year.
Sec. 2. As used in this chapter, "commissioner" means the
insurance commissioner appointed under IC 27-1-1-2.
Sec. 3. As used in this chapter, "cooperative program" means a
cooperative risk management program established under this
Sec. 4. As used in this chapter, "examiner" has the meaning set
forth in IC 27-1-3.1-4.
Sec. 5. As used in this chapter, "member" refers to a school
corporation that enters into an interlocal agreement with another
school corporation to establish a cooperative program.
Sec. 6. As used in this chapter, "self-insurance fund" means a
fund established by a cooperative program as a reserve to cover
self-insured risk retained by the members for losses covered under
this chapter and to pay premiums for aggregate insurance
coverage and specific insurance coverage required under this
Sec. 7. As used in this chapter, "service provider" means an
individual or entity that enters into a contract with a cooperative
program to provide to the cooperative program:
(2) insurance brokerage;
(3) claims administration;
(4) risk control; or
(5) investment management;
Sec. 8. As used in this chapter, "specific insurance coverage"
means the coverage provided by one (1) or more insurance
(1) are purchased by a cooperative program; and
(2) provide excess coverage for a part of a specific claim that
exceeds the amount covered by the self-insurance fund.
Sec. 9. (a) Two (2) or more school corporations may enter into
an interlocal agreement under IC 36-1-7 to establish a cooperative
risk management program through which the school corporations
agree to maintain a program of joint self-insurance to cover
certain retained risks and to jointly purchase aggregate insurance
coverage and specific insurance coverage, including the following:
(1) Casualty insurance, including general and professional
liability coverage and student accident insurance.
(2) Property insurance.
(3) Automobile insurance, including motor vehicle liability
insurance coverage and security for motor vehicles owned or
operated, and protection against other liability and loss
associated with the ownership of motor vehicles.
(4) Surety and fidelity insurance coverage.
(5) Umbrella and excess insurance coverage.
(6) Worker's compensation coverage.
(b) A cooperative program established under this chapter is a
separate legal entity with the power to:
(1) sue and be sued;
(2) make contracts; and
(3) hold and dispose of real and personal property.
Sec. 10. Except as provided in this chapter, the development,
administration, and operation of a cooperative program does not
constitute the business of insurance and a cooperative program is
not subject to the insurance laws of Indiana.
Sec. 11. (a) A cooperative program shall:
(1) establish a self-insurance fund with an aggregate limit on
the total amount of self-insured risk retained by the members
in a fiscal year; and
(A) aggregate insurance coverage; and
(B) specific insurance coverage;
that has been reviewed and approved by the commissioner.
(b) A self-insurance fund established under subsection (a) must
(1) actuarially sound; and
(2) funded at the beginning of each fiscal year by a
contribution from each member in an amount that reflects the
member's share of self-insured risk and other costs of the
(c) Annual contributions to the self-insurance fund under
subsection (b) must be:
(1) determined using generally accepted actuarial standards;
(2) set to fund, at the beginning of each fiscal year, at least one
hundred percent (100%) of the self-insured risk retained by
the members in a fiscal year plus the other costs of the
cooperative program, including premiums for aggregate
insurance coverage and specific insurance coverage.
Sec. 12. (a) An interlocal agreement entered into under section
9 of this chapter must:
(1) establish the cooperative program as a separate legal
(2) specify the organization, composition, and powers of the
governing authority of the cooperative program as required
by IC 36-1-7-3.
(b) The governing authority of the cooperative program shall
adopt bylaws, including the following:
(1) A financial plan setting forth in general terms:
(A) the types of risks covered under the cooperative
(B) the aggregate limit on the total amount of self-insured
risk retained by the cooperative program in a fiscal year;
(C) the minimum amount of specific insurance coverage
and aggregate insurance coverage that must be maintained
by the cooperative program; and
(D) the procedure for determining each member's annual
contribution to the self-insurance fund.
(2) A plan of management that provides for:
(A) the responsibility of the governing authority with
(i) maintaining the amount of reserves in the
(ii) disposing of surpluses; and
(iii) administering the cooperative program in the event
(B) the basis on which new members may be admitted to
the cooperative program;
(C) the basis on which participating members may
withdraw from the cooperative program, including a:
(i) thirty (30) day period at the end of each fiscal year
after the cooperative program's first year of operation
during which a member may withdraw; and
(ii) requirement that a withdrawing member remains
jointly and severally liable for any claim arising during
the period during which the withdrawing member was a
(D) other provisions necessary or desirable for the
operation of the cooperative program.
(3) A conflict of interest policy for:
(A) employees; and
(B) service providers;
of the cooperative program.
(c) The following must be submitted to and approved by the
commissioner before a cooperative program may commence
(1) A copy of the interlocal agreement described in subsection
(2) A copy of the bylaws described in subsection (b).
(3) The form of any insurance contracts purchased by the
cooperative program, including contracts for aggregate
insurance coverage and specific insurance coverage.
(4) An accounting, based on generally accepted actuarial
standards, of sufficient reserves committed to pay obligations
of the cooperative program.
(5) A copy of each coverage document form to be issued by
the cooperative program.
(6) Any other information determined necessary by the
(d) If the commissioner does not disapprove the information
submitted under subsection (c) earlier than thirty (30) days after
the information is submitted, the information is considered
Sec. 13. (a) A cooperative program may enter into a contract
with a service provider to obtain the services of the service
(b) A contract entered into under subsection (a) must address
(1) The term of the contract.
(2) The scope of services and responsibilities of the service
(4) Periodic reporting to the governing authority of the
(5) The ownership and confidentiality of information and data
utilized by the service provider in performing the service
provider's responsibilities under the contract.
(6) Compliance with the conflict of interest policy established
by the cooperative program.
(7) Indemnification of the cooperative program for negligence
of the service provider and proof of errors and omissions
(8) Assignability of the contract.
(9) Competition between the service provider and the
cooperative program during and after the term of the
(10) Cancellation of the contract.
Sec. 14. (a) A cooperative program shall have an annual audit
performed by an independent certified public accounting firm
according to guidelines established by the department of insurance.
(b) Not later than one hundred eighty (180) calendar days after
the close of a cooperative program's fiscal year, the cooperative
program must furnish the cooperative program's members with
audited financial statements certified by an independent certified
public accounting firm.
(c) Copies of the audit report and certified financial statements
required under this section must be provided to the commissioner
and the state board of accounts not later than one hundred eighty
(180) calendar days after the close of the cooperative program's
(d) A cooperative program that fails to meet the deadline
specified in subsection (c) without having obtained an extension
from the commissioner is subject to a civil penalty of fifty dollars
($50) per day until the required information is received by the
(e) If a cooperative program fails to have the annual audit
performed as required by subsection (a), the commissioner shall
cause the audit to be performed at the expense of the cooperative
(f) The working papers of the certified public accountant and
other records pertaining to the preparation of the audited financial
statements required under this section may be reviewed by the
commissioner. The cost of a review under this subsection must be
paid by the cooperative program.
Sec. 15. The assets of a cooperative program must be:
(1) treated as a joint investment fund under IC 20-5-11-5; and
(2) invested under IC 5-13-9 in the same manner as other
Sec. 16. Not later than sixty (60) calendar days after the
beginning of a cooperative program's fiscal year, the governing
authority shall submit the following to the commissioner:
(1) A copy of the bylaws adopted by the cooperative program.
(2) A copy of each coverage document form issued by the
(3) A copy of the insurance contracts purchased by the
cooperative program, including contracts for aggregate
insurance coverage and specific insurance coverage.
(4) A copy of each service provider contract entered into by
the cooperative program.
(5) A copy of the interlocal agreement.
(6) A certification by an independent actuary that the reserves
in the self-insurance fund are adequate to pay the obligations
of the cooperative program.
Sec. 17. (a) If a cooperative program fails to comply with the
requirements of this chapter, the commissioner shall issue a notice
of noncompliance to the cooperative program.
(b) Not later than thirty (30) calendar days after a cooperative
program receives a notice of noncompliance under subsection (a),
the cooperative program shall file with the commissioner a written
request for time to restore compliance and a plan to restore
(c) The commissioner, on receiving the written request and plan
to restore compliance filed under subsection (b), may grant a
period not longer than one (1) year during which the cooperative
program may restore compliance.
(d) If a plan to restore compliance is:
(1) not filed under subsection (b);
(2) filed under subsection (b) and not approved by the
(3) filed under subsection (b), approved by the commissioner,
and at the end of a period granted under subsection (c) the
cooperative program is not in compliance with this chapter;
the commissioner may act to liquidate or rehabilitate the
cooperative program under IC 27-9 as if the cooperative program
were an insurance company.
Sec. 18. (a) The commissioner or an examiner:
(1) may conduct an examination of a cooperative program
under IC 27-1-3.1 as often as the commissioner, in the
commissioner's sole discretion, considers the examination
(2) shall conduct an examination of a cooperative program
under IC 27-1-3.1 at least once every five (5) years.
(b) Upon determining that an examination described in
subsection (a) is necessary, the commissioner shall issue an
(1) appointing one (1) or more examiners to perform the
(2) instructing the examiners appointed under subdivision (1)
concerning the scope of the examination.
(c) In conducting an examination under this section, an
examiner shall observe the requirements set forth in the NAIC
examiner's handbook (as defined in IC 27-1-3.1-6), to the extent
that the requirements are consistent with this chapter. The
commissioner may employ additional guidelines or procedures
necessary to determine a cooperative program's compliance with
Sec. 19. (a) A cooperative program is subject to IC 27-4-1 as if
the cooperative program were an insurance company.
(b) The rights of a claimant under a cooperative program are in
no event less than the rights of a claimant under an insurance
contract issued by an insurance company authorized to do business
under IC 27.
Sec. 20. The commissioner shall, not later than February 1 of
each year, report to the legislative council in an electronic format
under IC 5-14-6. The report must include the following
information for the previous calendar year:
(1) A description of the scope of the market of coverage
(A) insurance contracts; and
(B) cooperative programs;
serving school corporations.
(2) The number of complaints filed against a cooperative
program under IC 27-4-1.
(3) The number of school corporations participating in
(4) The enrollment and complexity index of each school
corporation participating in a cooperative program.
(5) The loss history of each cooperative program.
Sec. 21. An insurance producer that conducts business with a
cooperative program must be licensed as an insurance producer
under IC 27-1-15.6.
Sec. 22. (a) Motor vehicle coverage provided by a cooperative
program must provide the ability for a member to respond in
damages for liability arising out of the ownership, maintenance, or
use of a motor vehicle in amounts at least equal to the amounts
required under IC 9-25-4.
(b) A member that participates in the motor vehicle coverage
provided by a cooperative program is considered to meet the
financial responsibility requirements set forth in IC 9-25-4, and an
application for a certificate of self-insurance under IC 9-25-4-11 is
Sec. 23. Information regarding the:
(1) part of funds; or
(2) liability reserve;
established by a cooperative program to satisfy a specific claim or
cause of action is confidential and is not subject to subpoena or
order to produce, except in a supplementary or ancillary
proceeding to enforce a judgment.
Sec. 24. The department of insurance may adopt rules under
IC 4-22-2 to implement this chapter.
SOURCE: IC 21-2-5.6-2; (05)IN0258.1.4. -->
SECTION 4. IC 21-2-5.6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The
self-insurance fund may be used to provide monies for the following
(1) the payment of any judgment rendered against the school
corporation, or rendered against any officer or employee of the
school corporation for which the school corporation is liable
under IC 34-13-2, IC 34-13-3, or IC 34-13-4 (or IC 34-4-16.5,
IC 34-4-16.6, or IC 34-4-16.7 before their repeal);
(2) the payment of any claim or settlement for which the school
corporation is liable pursuant to IC 34-13-2, IC 34-13-3, or
IC 34-13-4 (or IC 34-4-16.5, IC 34-4-16.6, or IC 34-4-16.7 before
(3) the payment of any premium, management fee, claim, or
settlement for which the school corporation is liable pursuant to
any federal or state statute including but not limited to payments
pursuant to IC 22-3 and IC 22-4;
(4) the payment of any settlement or claim for which insurance
coverage is permitted under IC 20-5-2-2(14); or
(5) the payment of a contribution to the self-insurance fund of
a cooperative risk management program under
SOURCE: ; (05)IN0258.1.5. -->
SECTION 5. An emergency is declared for this act.