Bill 298

                    Current Status

Bill Number:               298
Ratification Number:       43
Act Number                 27
Introducing Body:          Senate
Subject:                   Where appeals may be brought and
                           heard

(A27, R43, S298)

AN ACT TO AMEND SECTION 38-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR JUDICIAL REVIEW OF ORDERS OR DECISIONS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT APPEALS FROM THESE ORDERS OR DECISIONS MUST BE HEARD IN THE COURT OF COMMON PLEAS OF RICHLAND COUNTY BUT MAY BE BROUGHT IN ANY COUNTY.

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

Where appeals may be brought and heard

SECTION 1. Section 38-3-210 of the 1976 Code is amended to read:

"Section 38-3-210. Any order or decision made, issued, or executed by the commissioner or his assistants or agents is subject to judicial review in accordance with the appellate procedures of Sections 1-23-380 and 1-23-390. An appeal from an order or decision under this section must be heard in the Court of Common Pleas of Richland County. However, an appeal may be brought in any county and subsequently transferred to Richland County. Notwithstanding the provisions of Section 1-23-380(c), the circuit court may not, under any terms, order a stay of enforcement of any order of the commissioner to make good an impairment of capital or surplus or a deficiency in the amount of admitted assets."

Time effective

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