Title 36, Chapter 85, Section 2
( 36-85-2)
(a) A group of municipalities or a group of counties may execute an
intergovernmental contract among themselves to form and become
members of an interlocal risk management agency. After an interlocal
risk management agency has been formed, any municipality or county
may, subject to the bylaws and requirements of such agency, become a
member and, through participation in the agency, may: (1) Pool its general liability risks in whole or in part with
those of other municipalities or counties; (2) Pool its motor vehicle liability risks in whole or in part
with those of other municipalities or counties; (3) Pool its property damage risks in whole or in part with those
of other municipalities or counties; or (4) Jointly purchase general liability, motor vehicle liability,
or property damage insurance with other municipalities or counties
participating in and belonging to the interlocal risk management
agency, the participating municipalities or counties to be
coinsured under a master policy or policies with the total premium
apportioned among such participants. (b) For the purposes of this chapter, municipalities and counties
shall be deemed to constitute separate classes, and no member of any
one such class shall join with a member of another class for the
purpose of creating an interlocal risk management agency. There
shall be only one interlocal risk management agency established for
each class; provided, however, if the Commissioner determines that
there are special or unique circumstances or needs of a group of
counties or municipalities which justify the establishment of an
additional interlocal risk management agency or agencies, he may
authorize the establishment of such additional agency or agencies.
Each agency may establish such group self-insurance funds as may be
authorized by the Commissioner of Insurance. (c) All arrangements and agreements made under the authority of this
chapter shall be in writing. A municipality or county may become a
member of an interlocal risk management agency by the adoption of a
resolution or ordinance by the governing authority of the
municipality or county. The interlocal risk management agency shall
operate under such name and style as shall be provided in the
intergovernmental contract creating such agency and shall have the
power to bring and defend actions in all courts. (d) All books, records, and files maintained by any administrator of
any fund established by the agency, including but not limited to
audit data and all active and inactive claim files, shall at all
times be the sole property of the agency and shall be surrendered
immediately to the agency upon demand. |