Report Title:

Elected Insurance Commissioner

Description:

Provides for an elected insurance commissioner serving a four-year term of office commencing January 1, 2005. Sets the commissioner's salary. Applies candidate filing fees and campaign contribution and expenditure limits. Renames the insurance division, the "office of the insurance commissioner" and places the office within DCCA for administrative purposes only. Establishes procedures to fill a vacancy in office.

HOUSE OF REPRESENTATIVES

H.B. NO.

1354

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to an elected insurance commissioner.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 17, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§17- Insurance commissioner. (a) Whenever any vacancy occurs in the office of the insurance commissioner, the term of which ends at the next succeeding general election, the governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term and the appointee shall be of the same political party or nonpartisanship as the person the appointee succeeds.

(b) In the case of a vacancy, the term of which does not end at the next succeeding general election:

(1) If it occurs not later than on the tenth day prior to the close of filing for the next succeeding primary election, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. All candidates for the unexpired term shall be nominated and elected in accordance with this title. Pending the election the governor shall make a temporary appointment to fill the vacancy and the person so appointed shall serve until the election of the person duly elected to fill the vacancy. The appointee shall be of the same political party or nonpartisanship as the person the appointee succeeds;

(2) If it occurs later than on the tenth day prior to the close of filing for the next succeeding primary election but not later than on the sixtieth day prior to the next succeeding primary election, or if there are no qualified candidates for any party or nonpartisan candidates qualified for the primary election ballot, nominations for the unexpired term may be filed not later than 4:30 p.m. on the fiftieth day prior to the next succeeding primary election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. Pending the election the governor shall make a temporary appointment to fill the vacancy and the person so appointed shall serve until the election of the person duly elected to fill the vacancy. The appointee shall be of the same political party or nonpartisanship as the person the appointee succeeds;

(3) If it occurs after the sixtieth day prior to the next succeeding primary but not later than on the fiftieth day prior to the next succeeding general election, or if there are no qualified candidates for any party or nonpartisan candidates in the primary, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. Party candidates for the unexpired term shall be nominated by the county committees of the parties not later than 4:30 p.m. on the fortieth day prior to the general election; nonpartisan candidates may file nomination papers for the unexpired term not later than 4:30 p.m. on the fortieth day prior to the general election with the nonpartisan candidate who is to be nominated to be decided by lot, under the supervision of the chief election officer. The candidates for the unexpired term shall be elected in accordance with this title. Pending the election the governor shall make a temporary appointment to fill the vacancy and the person so appointed shall serve until the election of the person duly elected to fill such vacancy. The appointee shall be of the same political party or nonpartisanship as the person the appointee succeeds; or

(4) If it occurs after the fiftieth day prior to the next succeeding general election or if no candidates are nominated, the governor shall make an appointment to fill the vacancy for the unexpired term and the appointee shall be of the same political party or nonpartisanship as the person the appointee succeeds."

SECTION 2. Section 11-114, Hawaii Revised Statutes, is amended to read as follows:

"§11-114 Order of offices on ballot. The order of offices on a ballot shall be arranged substantially as follows: first, president and vice president of the United States; next, United States senators; next, United States house of representatives; next, governor and lieutenant governor; next, state senators; next, state representatives; next, other state offices; and next, county offices."

SECTION 3. Section 11-195, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) For purposes of this subpart, whenever a report is required to be filed with the commission, "filed" means received in the office of the commission or county clerk, whichever is applicable, by the date and time specified for the filing of the report; except that a candidate or the committee of a candidate who is seeking election to the office of:

(1) Governor;

(2) Lieutenant governor;

(3) Insurance commissioner;

[(3)](4) Mayor;

[(4)](5) Prosecuting attorney; or

[(5)](6) County council;

shall file by electronic means in the manner prescribed by the commission. Candidates for the offices named in this subsection with contributions or expenditures of less than $5,000 need not file by electronic means."

SECTION 4. Section 11-209, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) From January 1 of the year of any primary, special, or general election, the total expenditures for each election for candidates who voluntarily agree to limit their campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone and all campaign treasurers and committees in the candidate's behalf, shall not exceed the following amounts expressed respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:

(1) For the office of governor--$2.50;

(2) For the [office] offices of lieutenant governor and insurance commissioner--$1.40;

(3) For the office of mayor--$2.00;

(4) For the offices of state senator, state representative, county council member, and prosecuting attorney--$1.40; and

(5) For the offices of the board of education and all other offices--20 cents."

SECTION 5. Section 11-218, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The maximum amount of public funds available to a candidate for the office of governor, lieutenant governor, insurance commissioner, or mayor in any election shall not exceed ten per cent of the total expenditure limit for each election as established for each office listed in this subsection pursuant to section 11-209."

SECTION 6. Section 11-219, Hawaii Revised Statutes, is amended to read as follows:

"§11-219 Qualifying campaign contributions; amounts. As a condition of receiving public funds for a primary, special primary, or general election, a candidate shall not be unopposed in any election for which public funds are sought, and shall have filed an affidavit with the commission pursuant to section 11-208 to voluntarily limit the candidate's campaign expenditures and shall be in receipt of the following sum of qualifying campaign contributions for the candidate's respective office for each election:

(1) For the office of governor--qualifying contributions that in the aggregate, exceed $100,000;

(2) For the [office] offices of lieutenant governor and insurance commissioner--qualifying contributions that in the aggregate, exceed $50,000;

(3) For the office of mayor for each respective county:

(A) County of Honolulu--qualifying contributions that in the aggregate, exceed $50,000;

(B) County of Hawaii--qualifying contributions that in the aggregate, exceed $15,000;

(C) County of Maui--qualifying contributions that in the aggregate, exceed $10,000; and

(D) County of Kauai--qualifying contributions that in the aggregate, exceed $5,000; and

(4) For the office of prosecuting attorney for each respective county:

(A) County of Honolulu--qualifying contributions that in the aggregate, exceed $30,000;

(B) County of Hawaii--qualifying contributions that in the aggregate, exceed $10,000; and

(C) County of Kauai--qualifying contributions that in the aggregate, exceed $5,000;

(5) For the office of county council--for each respective county:

(A) County of Honolulu--qualifying contributions that in the aggregate, exceed $5,000;

(B) County of Hawaii--qualifying contributions that in the aggregate, exceed $1,500;

(C) County of Maui--qualifying contributions that in the aggregate, exceed $5,000; and

(D) County of Kauai--qualifying contributions that in the aggregate, exceed $3,000;

(6) For the office of state senator--qualifying contributions that, in the aggregate, exceed $2,500;

(7) For the office of state representative--qualifying contributions that, in the aggregate, exceed $1,500; and

(8) For all other offices, qualifying contributions that, in the aggregate, exceed $500."

SECTION 7. Section 12-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Nomination papers for candidates for members of Congress, governor, lieutenant governor, insurance commissioner, and the board of education shall be signed by not less than twenty-five registered voters of the State or of the Congressional district or school board district from which the candidates are running in the case of candidates for the United States House of Representatives or for the board of education."

SECTION 8. Section 12-6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (c) to read:

"[[](c)[]] There shall be deposited with each nomination paper a filing fee on account of the expenses attending the holding of the primary, special primary, or special election which shall be paid into the treasury of the State, or county, as the case may be, as a realization:

(1) For United States senators and United States representatives--$75;

(2) For governor [and], lieutenant governor, and insurance commissioner--$750;

(3) For mayor--$500; and

(4) For all other offices--$250."

2. By amending subsection (e) to read:

"[[](e)[]] Upon the showing of a certified copy of an affidavit which has been filed with the campaign spending commission pursuant to section 11-208 by a candidate who has voluntarily agreed to abide by spending limits, the chief election officer or clerk shall discount the filing fee of the candidate by the following amounts:

(1) For the office of governor [and], lieutenant governor, and insurance commissioner--$675;

(2) For the office of mayor--$450; and

(3) For all other offices--$225."

SECTION 9. Chapter 431, article 2, Hawaii Revised Statutes, is amended by amending the title of part I to read as follows:

"PART I. [INSURANCE DIVISION] OFFICE OF THE INSURANCE COMMISSIONER"

SECTION 10. Section 431:2-101, Hawaii Revised Statutes, is amended to read as follows:

"§431:2-101 [Insurance division.] Office of the insurance commissioner. The [insurance division] office of the insurance commissioner is established within the department of commerce and consumer affairs[.] for administrative purposes only."

SECTION 11. Section 431:2-102, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The [insurance division] office of the insurance commissioner shall be under the supervision and control of an administrator who shall be known as the insurance commissioner. [The director of commerce and consumer affairs shall, with the approval of the governor, appoint the insurance commissioner who shall not be subject to chapter 76.] The insurance commissioner shall [hold the insurance commissioner's office at the pleasure of the director of commerce and consumer affairs] be elected by the qualified voters of this State at a general election and shall be responsible for the performance of the duties imposed upon the [division.] office. The term of office of the insurance commissioner shall be four years commencing on January 1 following the general election at which the commissioner was elected."

SECTION 12. Section 431:2-103, Hawaii Revised Statutes, is amended to read as follows:

"§431:2-103 Salary. The salary of the commissioner shall be [set by the director of commerce and consumer affairs but shall not be more than the maximum salary of first deputies to department heads.] $ ."

SECTION 13. Chapter 431 and sections 28-8.3, 432E-7, 467-30, and 514A-95, Hawaii Revised Statutes, are amended by replacing all references to "insurance division" or like references with "office of the insurance commissioner" or like references, as the context requires.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect upon its approval.

INTRODUCED BY:

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