HOUSE OF REPRESENTATIVES	H.B. NO.	23
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

relating to the 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 in the position of the insurance commissioner occurs, the term of which ends at the next succeeding general election:

(1) The governor shall make an appointment within sixty calendar days following the first day of vacancy to fill the vacancy for the unexpired term by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be at the time of appointment, and for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the State. The political party shall submit the list of prospective appointees to the governor within thirty calendar days following the first day of vacancy; and

(2) If the prior incumbent was not a member of any political party, the governor shall, within sixty calendar days following the first day of vacancy, appoint a person who is at the time of appointment a resident of the State and who is not, and has not been for at least six months prior to the appointment, a member of any political party.

(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 governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the State. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the State and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party;

(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 appointed shall serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the State. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the State and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party;

(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 appointed shall serve until the election of the person duly elected to fill the vacancy. The governor shall make the appointment from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the State. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the State and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party; and

(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 by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent. The appointee shall be, at the time of the appointment, and shall have been, for at least six months immediately prior to the appointment, a member of the political party. The appointee shall, at the time of appointment, be a resident of the State. If the prior incumbent was not a member of any political party, the governor shall appoint a person who is at the time of appointment a resident of the State and is not and has not been, for at least six months immediately prior to the appointment, a member of any political party."

SECTION 2. Section 431:2-102, Hawaii Revised Statutes, is amended to read as follows:

"§431:2-102 Insurance commissioner. (a) The insurance division 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] The insurance commissioner shall be elected and shall be responsible for the performance of the duties imposed upon the division.

(b) The term of office of the insurance commissioner shall be four years beginning on the day of the general election at which the insurance commissioner is elected, or if elected at a primary election, on the day of the general election immediately following the primary election at which the insurance commissioner is elected, and ending on the day of the second general election after the insurance commissioner's election. The insurance commissioner may be reelected without restriction as to the number of terms.

(c) Any vacancy that may occur through any cause other than the expiration of the term of office shall be filled in accordance with section 17-   .

(d) The first election for the office of the insurance commissioner shall occur in 2026.

[(b)] (e) Commissioner, where used in this code, means the insurance commissioner of this State."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Insurance Commissioner; Elected Position

Description:

Changes the position of Insurance Commissioner from an appointed to an elected one, beginning with the 2026 general election.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.