Current Status Introducing Body:
SenateBill Number: 270Primary Sponsor: ReeseCommittee Number: 02Type of Legislation: GBSubject: Chief Insurance Commissioner, election ofResiding Body: SenateCurrent Committee: Banking and InsuranceComputer Document Number: BBM/9099JM.93Introduced Date: 19930126Last History Body: SenateLast History Date: 19930126Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: ReeseType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 270 Senate 19930126 Introduced, read first time, 02 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-102 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MUST BE ELECTED AND PROVIDE FOR HIS TERM, CANDIDACY QUALIFICATIONS, AND VACANCIES; TO AMEND SECTION 38-3-60, RELATING TO THE INSURANCE COMMISSION AND THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE THE LANGUAGE EMPOWERING THE COMMISSION TO SELECT AND EMPLOY THE COMMISSIONER; TO PROVIDE FOR THE COMMISSIONER'S 1994 ELECTION; AND TO REPEAL SECTION 38-3-100, RELATING TO THE CHIEF INSURANCE COMMISSIONER, EFFECTIVE UPON HIS ELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 38-3-102. (A) The Chief Insurance Commissioner must be elected by the qualified electors of the State in the general election. He may succeed himself in the office. His term begins at noon on the first Wednesday following the second Tuesday in January next after his election and ends at noon on the first Wednesday following the second Tuesday in January four years later.
(B) The commissioner is not subject to the State Employee Grievance Committee nor any internal grievance procedure established by the Department of Insurance. He shall receive an annual salary provided by law. He must be at least thirty years of age. He may not hold another public office while serving as commissioner but shall devote all of his working time to the duties of his office as provided by law. No candidate for or person elected to the office of commissioner may accept campaign contributions or anything of value, direct or indirect, from insurance companies regulated by the commission or their subsidiaries including, but not limited to, employees and their immediate families. Before taking the oath of office he shall sever all connections, either direct or indirect, except as a policyholder, with an insurance company or agency and shall maintain the severance during his tenure of office. If he becomes a candidate for another public office or becomes a member of a political committee during tenure, his office as commissioner must be vacated immediately.
(C) A vacancy in the office of commissioner must be filled by the Insurance Commission of South Carolina for the unexpired portion of the term."
SECTION 2. Section 38-3-60 of the 1976 Code is amended to read:
"Section 38-3-60. The commission shall select and employ a Chief Insurance Commissioner and shall issue to him the Chief Insurance Commissioner general policies and broad objectives regarding the operation of the insurance industry in this State. The commission shall review, amend, and supplement these policies and objectives as it sees fit, shall require the Chief Insurance commissioner to pursue forcefully the policies and objectives but shall leave to the Chief Insurance Commissioner him the task of developing and implementing specific plans, programs, and techniques necessary to further the commission's policies and objectives."
SECTION 3. The election of the Chief Insurance Commissioner provided in Section 38-3-102 of the 1976 Code, Section 1 of this act, begins with the 1994 general election. The commissioner serving on the effective date of this act continues to serve until his successor is elected and qualifies. Section 38-3-100 does not apply to a chief insurance commissioner elected in the manner specified by Section 38-3-102 or to a person who is a candidate for this office in the election. When the Chief Insurance Commissioner elected in 1994 takes office, Section 38-3-100 is repealed.
SECTION 4. Except as otherwise specifically provided, this act takes effect January 1, 1994.