The governing board may designate an applicant who otherwise would be ineligible for designation because of a direct or indirect connection with a voluntary market outlet for automobile insurance, if that connection is due to the ability to write "small commercial risks", as defined in Section 38-77-30(11). The governing board may designate the applicant for the limited purpose of servicing risks of "individual private passenger automobile" insurance, as defined in Section 38-77-30(5.5), when it determines that insufficient market outlets exist in a particular area previously served by the applicant for "individual private passenger automobile" insurance.

A producer designated under this section may not write new private passenger and commercial automobile insurance business to be placed in the facility after March 1, 1999. A policy with an effective date after March 1, 2002 shall not be accepted by the facility.