S*1100(Rat #0533, Act #0479 of 1988)  General Bill, By 
Senate Banking and Insurance

Similar(S 954, H 3394)
 A Bill to amend Article 5, Chapter 75, Title 38, Code of Laws of South
 Carolina, 1976, relating to windstorm and hail insurance, by adding Section
 38-75-385 so as to provide immunity for any private insurer who is a member of
 the South Carolina Windstorm and Hail Underwriting Association, agent,
 employee, any member of the board of directors, or the commissioner or his
 representatives for any act or omission in the performance of his powers or
 duties under the provisions of this Article; to amend Section 38-75-310,
 relating to definitions used regarding windstorm and hail insurance, so as to
 redefine "coastal area" and extend areas covered under the definition; and to
 amend the 1976 Code by adding Section 38-75-460 so as to authorize the Chief
 Insurance Commissioner to expand the area in which the Association must
 provide essential property insurance, to require him to notify the General
 Assembly if he does and recommend appropriate statutory changes which he
 believes need to be enacted to change the definition of "coastal
 area".-amended title

   01/26/88  Senate Introduced, read first time, placed on calendar
                     without reference SJ-17
   01/27/88  Senate Tabled SJ-29
   01/28/88  Senate Reconsidered SJ-26
   01/28/88  Senate Read second time SJ-27
   01/28/88  Senate Ordered to third reading with notice of
                     amendments SJ-27
   02/02/88  Senate Read third time and sent to House SJ-21
   02/03/88  House  Introduced and read first time HJ-910
   02/03/88  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-910
   02/17/88  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-1219
   02/23/88  House  Objection by Rep. Mappus HJ-1402
   02/23/88  House  Debate interrupted HJ-1402
   02/24/88  House  Debate adjourned until Tuesday, March 1, 1988 HJ-1434
   03/01/88  House  Objection by Rep. H. Brown & Humphries HJ-1560
   03/02/88  House  Objection withdrawn by Rep. Mappus HJ-1627
   03/02/88  House  Special order, set for following disposition of H
                     3385 (Under H 3894) HJ-1657
   03/02/88  House  Amended HJ-1683
   03/02/88  House  Read second time HJ-1684
   03/03/88  House   Read third time HJ-1709
   03/03/88  House  Returned HJ-1709
   03/10/88  Senate House amendment amended SJ-13
   03/10/88  Senate Returned SJ-14
   03/17/88  House  Non-concurrence in Senate amendment HJ-2175
   03/22/88  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Applegate, McConnell,
                     Setzler SJ-23
   03/23/88  House  Conference committee appointed Aydlette, J.
                     Bradley & Mappus HJ-2227
   04/19/88  House  Free conference powers granted HJ-3037
   04/19/88  House  Free conference committee appointed Adylette, J.
                     Bradley & Mappus HJ-3038
   04/19/88  House  Free conference report received HJ-3038
   04/19/88  House  Free conference report adopted HJ-3040
   04/20/88  Senate Free conference powers granted SJ-19
   04/20/88  Senate Free conference committee appointed Sens.
                     Applegate, McConnell, Setzler SJ-19
   04/20/88  Senate Free conference report received SJ-20
   04/20/88  Senate Free conference report adopted SJ-20
   04/21/88  House  Ordered enrolled for ratification HJ-3132
   04/26/88         Ratified R 533
   05/02/88         Signed By Governor
   05/02/88         Effective date 11/01/88
   05/02/88         Act No. 479
   05/23/88         Copies available

AN ACT TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-75-460 so AS TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO EXPAND THE AREA IN WHICH THE ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, TO REQUIRE HIM TO NOTIFY THE GENERAL ASSEMBLY IF HE DOES AND RECOMMEND APPROPRIATE STATUTORY CHANGES WHICH HE BELIEVES NEED TO BE ENACTED TO CHANGE THE DEFINITION OF "COASTAL AREA."

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

Liability of member insurer, etc.

SECTION 1. Article 5, Chapter 75, Title 38 of the 1976 Code is amended by adding:

"Section 38-75-385. There is no liability on the part of, and no cause of action of any nature may arise against, any member insurer, the Association's agents or employees, the board of directors, or the Commissioner or his representatives for any act or omission in the performance of their powers and duties under this article. This section does not relieve the Association of any of its liability."

Definition

SECTION 2. Section 38-75-310(5) 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: Cedar Island, DeBordieu Beach, Litchfield Beach, South Island, Pawley's Island, Retreat Beach, North Island, Magnolia Beach, and Garden City; (c) all areas in Horry County east of a line paralleling and lying one hundred fifty feet east of U. S. Highway No. 17 (Kings Highway); (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."

Commissioner may expand area

SECTION 3. Article 5, Chapter 75, Title 38 of the 1976 Code is amended by adding:

"Section 38-75-460. The Chief Insurance Commissioner may, by written order, temporarily expand the area in which the Association must provide essential property insurance. The area may not be expanded further inland than east of the west bank of the intracoastal waterway and may not be expanded to cover the area for more than twelve months. If the Commissioner 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."

Time effective

SECTION 4. This act takes effect November 1, 1988.