South Carolina General Assembly
117th Session, 2007-2008

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S. 68

STATUS INFORMATION

General Bill
Sponsors: Senators Rankin, Elliott, Knotts, Cleary, Hawkins, McConnell and Ford
Document Path: l:\s-res\lar\001elec.kmm.doc
Companion/Similar bill(s): 210, 3241

Introduced in the Senate on January 9, 2007
Currently residing in the Senate

Summary: Insurance Department director

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  11/29/2006  Senate  Prefiled
  11/29/2006  Senate  Referred to Committee on Judiciary
    1/9/2007  Senate  Introduced and read first time SJ-54
    1/9/2007  Senate  Referred to Committee on Judiciary SJ-54
   3/28/2007  Senate  Referred to Subcommittee: Rankin (ch), Ford, Elliott, 
                        Knotts, Campsen SJ-17
   4/12/2007  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-17
   4/13/2007          Scrivener's error corrected
   3/13/2008  Senate  Committee Amendment Adopted
   3/17/2008          Scrivener's error corrected

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

11/29/2006
4/12/2007
4/13/2007
3/13/2008
3/17/2008

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 13, 2008

S. 68

Introduced by Senators Rankin, Elliott, Knotts, Cleary, Hawkins, McConnell and Ford

S. Printed 3/13/08--S.    [SEC 3/17/08 9:30 AM]

Read the first time January 9, 2007.

            

A BILL

TO AMEND SECTION 1-30-10 OF THE 1976 CODE, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL BE ELECTED BY THE QUALIFIED VOTERS OF THE STATE TO A FOUR-YEAR TERM COTERMINOUS WITH THAT OF THE GOVERNOR; AND TO AMEND SECTION 38-1-20(16), RELATING TO THE DEFINITION OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, TO REFLECT THAT THE DIRECTOR IS AN ELECTED OFFICIAL.

Amend Title To Conform

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

SECTION    1.    Section 1-30-10(B)(1) of the 1976 Code is amended to read:

"(B)(1)    The governing authority of each department shall be either:

(i)        a director, and in the case of the Department of Commerce, the secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or,

(ii)    a seven-member board to be appointed and constituted in a manner provided for by law; or,

(iii)    in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State.; or,

(iv)    in the case of the Department of Insurance, the Director of the Department of Insurance shall be elected by the qualified voters of the State for a term of four years, coterminous with that of the Governor. The duties and compensation of the Director of the Department of Insurance shall be prescribed by law and his compensation shall be neither increased nor diminished during the period for which he has been elected.

(2)    In making appointments to boards and for department directors, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. The Governor in making the appointments provided for by this section shall endeavor to appoint individuals who have demonstrated exemplary managerial skills in either the public or private sector."

SECTION    2.    Section 38-1-20(16) of the 1976 Code is amended to read:

"(16)    'Director' means the person who is appointed by the Governor upon the advice and consent of the Senate elected pursuant to Section 1-30-10(B)(iv) and who is responsible for the operation and management of the Department of Insurance. The director has the authority to appoint or designate the person or persons who shall serve at the pleasure of the director to carry out the objectives or duties of the department as provided by law. Furthermore, the director may bestow upon his designee or deputy director any duty or function required of him by law to manage and supervise the Insurance Department."

SECTION    3.    This act takes effect upon approval by the Governor; however, the Governor retains the authority to appoint a director with the advice and consent of the Senate until the director becomes an elected state officer beginning with the 2010 election. Any person serving or appointed with the advice and consent of the Senate as the Director of the Department of Insurance shall continue to serve until a successor is elected and qualified following the 2010 election.

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