
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9674]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
                   SUBCHAPTER IV--POLLUTION INSURANCE
 
Sec. 9674. Purchasing groups


(a) Exemption

    Except as provided in this section, a purchasing group is exempt 
from the following:
        (1) A State law, rule, or order which prohibits the 
    establishment of a purchasing group.
        (2) A State law, rule, or order which makes it unlawful for an 
    insurer to provide or offer to provide insurance on a basis 
    providing, to a purchasing group or its member, advantages, based on 
    their loss and expense experience, not afforded to other persons 
    with respect to rates, policy forms, coverages, or other matters.
        (3) A State law, rule, or order which prohibits a purchasing 
    group or its members from purchasing insurance on the group basis 
    described in paragraph (2) of this subsection.
        (4) A State law, rule, or order which prohibits a purchasing 
    group from obtaining insurance on a group basis because the group 
    has not been in existence for a minimum period of time or because 
    any member has not belonged to the group for a minimum period of 
    time.
        (5) A State law, rule, or order which requires that a purchasing 
    group must have a minimum number of members, common ownership or 
    affiliation, or a certain legal form.
        (6) A State law, rule, or order which requires that a certain 
    percentage of a purchasing group must obtain insurance on a group 
    basis.
        (7) A State law, rule, or order which requires that any 
    insurance policy issued to a purchasing group or any members of the 
    group be countersigned by an insurance agent or broker residing in 
    that State.
        (8) A State law, rule, or order which otherwise discriminate \1\ 
    against a purchasing group or any of its members.
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    \1\ So in original. Probably should be ``discriminates''.
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(b) Application of exemptions

    The exemptions specified in subsection (a) of this section apply to 
the following:
        (1) Pollution liability insurance, and comprehensive general 
    liability insurance which includes this coverage, provided to--
            (A) a purchasing group; or
            (B) any person who is a member of a purchasing group.

        (2) The sale of any one of the following to a purchasing group 
    or a member of the group:
            (A) Pollution liability insurance and comprehensive general 
        liability coverage.
            (B) Insurance related services.
            (C) Management services.

(c) Agents or brokers

    A State may require that a person acting, or offering to act, as an 
agent or broker for a purchasing group obtain a license from that State, 
except that a State may not impose any qualification or requirement 
which discriminates against a nonresident agent or broker.

(Pub. L. 96-510, title IV, Sec. 404, as added Pub. L. 99-499, title II, 
Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1718; 
renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27, 1986, 
100 Stat. 3177.)
