H 3224 General Bill, By Miller, Anderson and Scarborough
 A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DEFINITIONS AND TERMS PERTAINING TO WIND AND HAIL INSURANCE, SO AS
 TO AMEND THE TERM "COASTAL AREA" TO INCLUDE ALL AREAS IN COUNTIES BORDERING
 THE ATLANTIC OCEAN AND TO DELETE THE DEFINITION FOR "SEACOAST AREA"; TO AMEND
 SECTION 38-75-460, AS AMENDED, RELATING TO THE AUTHORITY OF THE DIRECTOR OF
 THE DEPARTMENT OF INSURANCE TO EXPAND AREAS IN WHICH THE SOUTH CAROLINA WIND
 AND HAIL UNDERWRITING ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE,
 SO AS TO MAKE CHANGES REFLECTIVE OF THE NEW DEFINITION OF "COASTAL AREA" AND
 THE DELETION OF THE TERM "SEACOAST AREA".

   01/11/07  House  Introduced and read first time HJ-275
   01/11/07  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-276
   01/23/07  House  Member(s) request name added as sponsor: Scarborough

TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND TERMS PERTAINING TO WIND AND HAIL INSURANCE, SO AS TO AMEND THE TERM "COASTAL AREA" TO INCLUDE ALL AREAS IN COUNTIES BORDERING THE ATLANTIC OCEAN AND TO DELETE THE DEFINITION FOR "SEACOAST AREA"; TO AMEND SECTION 38-75-460, AS AMENDED, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO EXPAND AREAS IN WHICH THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, SO AS TO MAKE CHANGES REFLECTIVE OF THE NEW DEFINITION OF "COASTAL AREA" AND THE DELETION OF THE TERM "SEACOAST AREA".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 38-75-310(5) and (7) of the 1976 Code is amended to read:

"(5)    'Coastal area' means:

(a)    all areas in Beaufort County and Colleton County which are east of the west bank of the intracoastal waterway;

(b)    the following areas in Georgetown County: all areas between the Harrell Siau Bridge and Murrells Inlet which are east of a line paralleling and lying one hundred fifty feet east of U.S. Highway No. 17 Business, all areas in Murrells Inlet which are east of U.S. Highway No. 17 Business, and Cedar Island, North Island, and South Island;

(c)    all areas in Horry County east of a line paralleling and lying one hundred fifty feet east of U. S. Highway No. 17 Business;

(d)    the following areas in Charleston County: Edingsville Beach, Kiawah Island, Botany Bay Island, Folly Island, Seabrook Island, Morris Island, and all areas north of the city of Charleston which are east of the west bank of the intracoastal waterway all areas within Horry, Georgetown, Berkeley, Charleston, Dorchester, Colleton, Beaufort, and Jasper Counties.

(7)    'Seacoast area' means all areas within Horry, Georgetown, Berkeley, Charleston, Dorchester, Colleton, Beaufort, and Jasper Counties."

SECTION    2.    Section 38-75-460 of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:

"Section 38-75-460.    The director or his designee, by written order, temporarily may expand the area in which the association shall provide essential property insurance. The director or his designee shall find and declare the existence of an emergency because of the unavailability of coastal property insurance or other unavailability of coastal property insurance on a reasonable basis through normal channels. The order must include the surveys of the market conducted in order to make the determination. The director or his designee may expand the area in which the association shall provide essential property insurance to the whole area or just part of the area. The director may expand the area by construction type or age of construction. The area may not be expanded further than the seacoast territory coastal area as defined in Section 38-75-310(75) and may not be expanded to cover the area for more than twenty-four months. If the director or his designee issues an order that expands the area in which the association provides essential property insurance, he shall notify the General Assembly of that order and he shall recommend to the General Assembly any appropriate statutory changes in the law concerning the definition of "coastal area" which he believes needs to be enacted."

SECTION    3.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    4.    This act takes effect upon approval by the Governor.