Indiana 2023 Regular Session

Indiana Senate Bill SB0353

Introduced
1/17/23  
Refer
1/17/23  
Report Pass
2/6/23  
Engrossed
2/14/23  
Refer
2/28/23  
Report Pass
3/23/23  
Report Pass
3/30/23  
Enrolled
4/5/23  
Passed
4/20/23  
Chaptered
4/20/23  

Caption

Risk management and catastrophic liability funds.

Impact

The bill is set to reshape how political subdivisions in Indiana manage their insurance liabilities. By allowing the Insurance Commissioner to conclude operations of the fund, it offers a clear framework for when the fund should no longer operate, which could lead to improved fiscal responsibility among political subdivisions. However, the bill also indicates that no new memberships would be permitted if the fund approaches dissolution, potentially limiting future participation and financial support options for entities seeking risk management assistance.

Summary

SB0353, titled 'Risk management and catastrophic liability funds,' aims to amend the Indiana Code concerning insurance, particularly focusing on the establishment and management of a risk management fund for political subdivisions. The bill introduces provisions for the Insurance Commissioner to cease operations of the fund once all liabilities of former members have been settled and the balance has been distributed to those members. This act effectively transitions the management of liabilities away from the fund as its membership declines, streamlining the process for handling outstanding claims.

Sentiment

The sentiment around SB0353 appears largely positive in the legislative discussions, with a significant majority of votes supporting it (96 yeas to 1 nay). While there may have been some concerns regarding the management and transparency of fund operations, the overall support is indicative of a consensus on the necessity for effective risk management strategies among Indiana's political subdivisions. Legislators see this bill as a means to enhance fiscal accountability and streamline processes for managing liabilities.

Contention

Notable points of contention primarily relate to concerns over the potential impacts of ceasing operations of the fund and the limitation on new memberships. Opponents might argue that restricting membership could leave newer political subdivisions vulnerable to catastrophic liabilities without sufficient risk mitigation options. Additionally, as the fund transitions towards its dissolution, questions may arise about the adequacy of provisions in place for settling claims and distributing remaining assets to former members.

Companion Bills

No companion bills found.

Previously Filed As

IN HB1414

Forest management.

IN SB0193

Governmental entity limited liability.

IN SB0298

Governmental entity limited liability.

IN HB1459

Water and wastewater utility asset management.

IN HB1481

CART Act of 2025 Catastrophic Risk Transfer Act of 2025

IN HB1426

Liability shield products.

IN HB1098

Work based learning liability.

IN HB1085

Civil liability for child sexual abuse material.

IN HB1100

Limited liability for obstacle course operators.

IN HB1386

Massage establishment liability insurance.

Similar Bills

No similar bills found.