Bill 3319

                    Current Status

Introducing Body:               House
Bill Number:                    3319
Ratification Number:            216
Act Number:                     145
Primary Sponsor:                Boan
Type of Legislation:            GB
Subject:                        Health insurance pool
Companion Bill Number:          504
Date Bill Passed both Bodies:   May 30, 1991
Computer Document Number:       BR1/1127.AC
Governor's Action:              S
Date of Governor's Action:      Jun 12, 1991
Introduced Date:                Jan 24, 1991
Date of Last Amendment:         May 21, 1991
Last History Body:              ------
Last History Date:              Jun 12, 1991
Last History Type:              Act No. 145
Scope of Legislation:           Statewide
All Sponsors:                   Boan
                                McElveen
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3319  ------  Jun 12, 1991  Act No. 145
 3319  ------  Jun 12, 1991  Signed by Governor
 3319  ------  Jun 06, 1991  Ratified R 216
 3319  House   May 30, 1991  Concurred in Senate
                             amendment, enrolled for
                             ratification
 3319  Senate  May 27, 1991  Read third time, returned
                             with amendment
 3319  Senate  May 21, 1991  Amended, read second time
 3319  Senate  May 16, 1991  Committee Report: Favorable     02
                             with amendment
 3319  Senate  Mar 20, 1991  Introduced, read first time,    02
                             referred to Committee
 3319  House   Mar 19, 1991  Read third time, sent to
                             Senate
 3319  House   Mar 07, 1991  Amended, read second time
 3319  House   Mar 06, 1991  Committee Report: Favorable     26
                             with amendment
 3319  House   Jan 24, 1991  Introduced, read first time,    26
                             referred to Committee

(A145, R216, H3319)

AN ACT TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR CERTAIN PERSONS FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES PROVIDED UNDER THE HEALTH INSURANCE POOL AND TO PROVIDE THAT THE POOL IS NOT RELIEVED OF ITS LIABILITY.

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

Certain immunity from liability; pool remains liable

SECTION 1. Section 7 of Act 127 of 1989 is designated as Section 38-74-70 of the 1976 Code and amended to read:

"Section 38-74-70. (A) Neither the participation in the pool as members, the establishment of rates, forms, or procedures nor any other joint or collective action required by this chapter may be the basis of any legal action, criminal or civil liability, or penalty against the pool or any of its members.

(B) There is no liability on the part of, and no cause of action of any nature may arise against, a member insurer or its agents or employees, the pool's agents, employees, or board of directors, or the commissioner or his representatives, for any act or omission in the performance of their powers and duties under this chapter. This section does not relieve the pool of any of its liability."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1991.