H*3311(Rat #0349, Act #0335 of 1988)  General Bill, By J.D. Bradley, Boan and 
J.W. McLeod

Similar(S 906, S 1097)
 A Bill to amend Section 38-3-90, Code of Laws of South Carolina, 1976,
 relating to the Advisory Committee to the Insurance Commission, so as to
 provide for the attendance of the committee members at public and executive
 commission meetings; and Section 38-3-110, relating to the duties of the Chief
 Insurance Commissioner, so as to revise his duties to report violations of the
 laws and to institute civil actions relative to the business of insurance.

   10/06/87  House  Prefiled
   10/06/87  House  Referred to Committee on Labor, Commerce and Industry
   01/12/88  House  Introduced and read first time HJ-245
   01/12/88  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-245
   01/20/88  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-410
   01/21/88  House  Read second time HJ-491
   01/26/88  House  Read third time and sent to Senate HJ-536
   01/27/88  Senate Introduced, read first time, placed on calendar
                     without reference SJ-16
   01/28/88  Senate Read second time SJ-41
   01/28/88  Senate Ordered to third reading with notice of
                     amendments SJ-41
   02/02/88  Senate Read third time and enrolled SJ-17
   02/18/88         Ratified R 349
   02/24/88         Signed By Governor
   02/24/88         Effective date 02/24/88
   02/24/88         Act No. 335
   03/08/88         Copies available

AN ACT TO AMEND SECTION 38-3-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADVISORY COMMITTEE TO THE INSURANCE COMMISSION, SO AS TO PROVIDE FOR THE ATTENDANCE OF THE COMMITTEE MEMBERS AT PUBLIC AND EXECUTIVE COMMISSION MEETINGS; AND SECTION 38-3-110, RELATING TO THE DUTIES OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO REVISE HIS DUTIES TO REPORT VIOLATIONS OF THE LAWS AND TO INSTITUTE CIVIL ACTIONS RELATIVE TO THE BUSINESS OF INSURANCE.

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

Advisory committee attendance at commission meetings

SECTION 1. Section 38-3-90 of the 1976 Code is amended to read:

"Section 38-3-90. The Governor, with the advice and consent of the Senate, shall appoint an advisory committee of five residents of this State to advise and consult with the Commission concerning the policies formulated by the Commission and the operation and administration of this title. The advisory committee consists of the following competing segments of the insurance industry: one member from the life insurance field; one member from the accident and health field; one member from the property and casualty field; one member who is an agent primarily engaged in the life and accident and health insurance field; and one member who is an agent primarily engaged in the property and casualty field. The advisory committee may be in attendance at each public meeting of the Commission but must have at least one member in attendance at each public meeting. The advisory committee may not attend executive sessions of the Commission. The advisory committee members shall serve a period coterminous with the term of the Governor. The members of the advisory committee may receive no compensation, mileage, subsistence, or per diem for their services. Any vacancy in office must be filled by the Governor by appointment."

Revised duties of the Insurance Commissioner

SECTION 2. Section 38-3-110 of the 1976 Code is amended to read:

"Section 38-3-110. The Chief Insurance Commissioner has the following duties:

(1) supervise and regulate the rates and service of every insurer in this State and fix Just and reasonable standards, classifications, regulations, practices, and measurements of service to be observed and followed by every insurer doing business in this State. Nothing contained in this title authorizes or requires a review by the Commission of any order of the Commissioner under the Administrative Procedures Act. This item does not grant any additional authority to the Commissioner with regard to insurance rates other than the rate-making authority specifically granted to the Commissioner, the Commission, or the Department of Insurance for certain kinds of insurance in other provisions of this title;

(2) see that all laws of this State governing insurers or relating to the business of insurance are faithfully executed and make regulations to carry out this title and all other insurance laws of this State, the enforcement or administration of which is not otherwise specifically provided for; (3) furnish to domestic insurers required by law to report to the Department the necessary blank forms for the reports required, which forms may be changed as necessary to secure full information as to the standing, condition, and any other information desired by the Commissioner;

(4) report to the Attorney General or other appropriate law enforcement officials criminal violations of the laws relative to the business of insurance or the provisions of this title which he considers necessary to report;

(5) institute civil actions, either through his office or through the Attorney General, relative to the business of insurance or the provisions of this title which he considers necessary to institute."

Time effective

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