§ 58-32-10. Powers and duties of Commission.
§58‑32‑10. Powers and duties of Commission.
The Commission may acquirefrom an insurance company or insurance companies a group plan of professionalliability insurance covering the law‑enforcement officers and/or publicofficers and employees of any political subdivision of the State. TheCommission shall have full authority to negotiate with insurance companiessubmitting bids or proposals and shall award its group plan master contract onthe basis of the company or companies found by it to offer maximum coverage atthe most reasonable premium. The Commission is authorized to enter into amaster policy contract of such term as it finds to be in the best interests ofthe law‑enforcement officers and/or public officers and employees of thepolitical subdivisions of the State, not to exceed five years. The Commission,in negotiating for such contract, is not authorized to pledge or offer thecredit of the State of North Carolina. The insurance premiums shall be paid bythe political subdivisions whose employees are covered by the professionalliability insurance. Any political subdivision may elect coverage for any orall of its employees on a departmental basis; provided all employees in adepartment must be covered if coverage is elected for that department. Nothingcontained herein shall be construed to require any political subdivision toparticipate in any group plan of professional liability insurance.
The Commission may, in itsdiscretion, employ professional and clerical staff whose salaries shall be asestablished by the State Personnel Commission.
Should the Commissiondetermine that reasonable coverage is not available at a reasonable cost, theCommission may undertake such studies and inquiries into the situation andalternatives, including self insurance and State administered funds, as theCommission deems appropriate. The Commission shall then bring before theGeneral Assembly such recommendations as it deems appropriate.
The Commission may acquireinformation regarding loss ratios, loss factors, loss experience and other suchfacts and figures from any agency or company issuing professional liabilityinsurance covering public officers, employees or law‑enforcement officersin the State of North Carolina. Such information shall not be deemed a publicrecord within the meaning of Chapter 132 of the General Statutes where it namesthe company divulging such information, but the Commission may make public suchinformation to show aggregate statistics in respect to the experience of theState as a whole. The information shall be provided to the Commission upon itswritten demand and shall be submitted to the Commission by such company orcompanies upon sworn affidavit. If any agency or company shall fail or refuseto supply such information to the Commission within a reasonable time followingreceipt of the demand, the Commission may apply to the Superior Court sittingin Wake County for appropriate orders to enforce the demand.
For purposes of this section,the term "political subdivision" includes any county, city, town,incorporated village, sanitary district, metropolitan water district, countywater and sewer district, water and sewer authority, hospital authority,parking authority, local ABC boards, special airport district, airport authority,soil and water conservation district created pursuant to G.S. 139‑5, firedistrict, volunteer or paid fire department, rescue squads, city or countyparks and recreation commissions, area mental health boards, area mentalhealth, mental retardation and substance abuse authority as described in G.S.122C‑117, domiciliary home community advisory committees, county anddistrict boards of health, nursing home advisory committees, county boards ofsocial services, local school administrative units, local boards of education,community colleges, and all other persons, bodies, or agencies authorized orregulated by Chapters 108A, 115C, 115D, 118, 122C, 130A, 131A, 131D, 131E,153A, 160A, and 160B of the General Statutes. (1979, c. 325, s. 1; 1983, c.543, s. 3; 1985, c. 666, s. 79; 1985 (Reg. Sess., 1986), c. 1027, s. 30; 1987,c. 564, s. 9.)