Insurance State Regulators Selection and Term Statutes

Heather Morton 10/13/2021

Insurance File Folder Tag

Insurance state regulators are the government officials who, along with their departments and staff, regulate the conduct of insurance companies and agents in their respective state or territory. In 11 states—California, Delaware, Georgia, Kansas, Louisiana, Mississippi, Montana, North Carolina, North Dakota, Oklahoma and Washington—the insurance regulator is elected. In eight states—Alaska, Florida, Hawaii, Nevada, New Mexico, Oregon, South Dakota and Virginia—the regulator is appointed by an official other than the governor. In the District of Columbia, the mayor appoints the insurance commissioner. In the remaining states and territories, the governor makes the appointment. In the U.S. Virgin Islands, the lieutenant governor of the Virgin Islands serves as the commissioner of Insurance.

 

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Insurance State Regulators – Selection and Term

State:

Statutory Citation

Insurance Commissioner
Appointed or Elected

Term Length

General Power and Duties:

Alabama

Ala. Code §27-2-1 et seq.

Appointed by governor

Concurrent with that of the governor by whom he is appointed, or for the unexpired portion thereof

Ala. Code §27-2-7

Alaska

Alaska Stat. §21.06.010 et seq.

Appointed by commissioner of the Department of Community and Economic Development

At the pleasure of the commissioner of the Department of Community and Economic Development

Alaska Stat. §21.06.080

Arizona

Ariz. Rev. Stat. Ann. §20-141 et seq.

Appointed by governor, subject to confirmation by Senate

At the pleasure of the governor

Ariz. Rev. Stat. Ann. §20-142

Arkansas

Ark. Stat. Ann. §23-61-101 et seq.

Appointed by governor with advice and consent of Senate

At the pleasure of the governor and shall report to the secretary of the Department of Commerce

Ark. Stat. Ann. §23-61-103

California

Cal. Insurance Code §12900 et seq.

Elected

By the people in the same time, place, and manner as the governor not to exceed two four-year terms

Cal. Insurance Code §12919 et seq.

Colorado

Colo. Rev. Stat. §10-1-101 et seq.

Appointed by governor, subject to confirmation by Senate

At the pleasure of the governor

Colo. Rev. Stat. §10-1-108

Connecticut

Conn. Gen. Stat. §38a-1 et seq.

Appointed by governor, with the advice and consent of either house of the General Assembly

At the pleasure of the governor but no longer than four years from the first day of March in the year of his appointment, unless reappointed

Conn. Gen. Stat. §38a-8

Delaware

Del. Code Ann. tit. 18, §301 et seq.

Elected

By the qualified electors of the state at a general election for a term of four years and shall be commissioned by the governor

Del. Code Ann. tit. 18, §310

District of Columbia

D.C. Code Ann. §31-101 et seq.

Appointed by the mayor with the advice and consent of the Council

At the pleasure of the mayor

D.C. Code Ann. §31-202

Florida

Fla. Stat. §20.121

Appointed by Financial Services Commission

The commission shall appoint or remove the director by a majority vote consisting of at least three affirmative votes, with both the governor and the chief financial officer on the prevailing side

Fla. Stat. §624.307

Georgia

Ga. Const. Art. V, §III, Paragraph I

Elected

Four years, elected at the same time and hold office for the same term as the governor

Ga. Code §33-2-1 et seq.

Guam

Guam Code Ann. tit. 11, §103101 et seq.

Appointed by governor with the advice and consent of the Legislature

At the pleasure of the governor, under the direction of the director of Revenue and Taxation

Guam Code Ann. tit. 11, §103104

Hawaii

Hawaii Rev. Stat. §431:2-101 et seq.

Appointed by director of Department of Commerce and Consumer Affairs, approved by governor

At the pleasure of the director of the Department of Commerce and Consumer Affairs

Hawaii Rev. Stat. §431:2-201

Idaho

Idaho Code §41-201 et seq.

Appointed by governor, subject to confirmation by Senate

Four years, subject to earlier removal by the governor

Idaho Code §41-210

Illinois

Ill. Rev. Stat. ch. 20, §5/5-710

Appointed by governor with advice and consent of Senate

At the pleasure of the governor

Ill. Rev. Stat. ch. 20, §1405/1405-5

Indiana

Ind. Code §27-1-1-1 et seq.

Appointed by governor

At the pleasure of the governor

Ind. Code §27-1-3-1 et seq.

Iowa

Iowa Code §505.1 et seq.

Appointed by governor, subject to confirmation by Senate

Four years
The governor may remove the commissioner for malfeasance in office, or for any cause that renders the commissioner ineligible, incapable, or unfit to discharge the duties of the office.

Iowa Code §505.8

Kansas

Kan. Stat. Ann. §40-101 et seq.

Elected

Four years

Kan. Stat. Ann. §40-105

Kentucky

Ky. Rev. Stat. §304.2-010 et seq.

Appointed by governor with consent of Senate

Four years

Ky. Rev. Stat. §304.2-100

Louisiana

La. Const. Art. 4, §3
La. Const. Art. 4, §11
La. Rev. Stat. Ann. §22:1 et seq.

Elected

Four years at the election for governor and other state officers

La. Rev. Stat. Ann. §22:467

Maine

Me. Rev. Stat. Ann. tit. 24-A, §200 et seq.

Appointed by governor, subject to review by the joint standing committee of the Legislature having jurisdiction over banking and insurance and to confirmation by the Legislature

Five years

Me. Rev. Stat. Ann. tit. 24-A, §211

Maryland

Md. Insurance Code Ann. §2-101 et seq.

Appointed by governor with advice and consent of Senate

Four years
The commissioner may be removed by the governor for: (i) malfeasance; (ii) incompetence; or (iii) failure to carry out the duties of office in a manner consistent with the regulatory purpose and requirements of this article.

Md. Insurance Code Ann. §2-103
Md. Insurance Code Ann. §2-108

Massachusetts

Mass. Gen. Laws. Ann. ch. 26, §1 et seq.

Appointed by governor

Term coterminous with that of the governor, at the pleasure of the governor

 

Michigan

Mich. Comp. Laws §500.200 et seq.

Appointed by governor with consent of Senate

Four years

Mich. Comp. Laws §500.205
Mich. Comp. Laws §500.210

Minnesota

Minn. Stat. §60A.01 et seq.

The commissioner of Commerce is appointed by governor with confirmation by Senate
The commissioner has authority to appoint deputy commissioners.

Term ends with the term of the office of governor, the term shall end if the governor vacates office

Minn. Stat. §60A.03

Mississippi

Miss. Code Ann. §83-1-1 et seq.

Elected

Four years, elected at the general election as other state officers

 

Missouri

Mo. Rev. Stat. §374.005 et seq.

Appointed by governor with advice and consent of Senate

At the pleasure of the governor

Mo. Rev. Stat. §374.010

Montana

Mont. Const. Art. VI, §1
Mont. Code Ann. §2-15-1903
Mont. Code Ann. §33-1-101 et seq.

Elected
The state auditor shall be ex officio the commissioner of insurance

Four years

Mont. Code Ann. §33-1-311

Nebraska

Neb. Rev. Stat. §81-101 et seq.
Neb. Rev. Stat. §44-101 et seq.

Appointed by governor, subject to confirmation by a majority vote by Legislature

At the pleasure of the governor unless a specific term has been provided by law

Neb. Rev. Stat. §44-101.01

Nevada

Nev. Rev. Stat. §232.805 et seq.
Nev. Rev. Stat. §679B.020 et seq.

Appointed by director of Department of Business and Industry

At the pleasure of, the director of the Department of Business and Industry

Nev. Rev. Stat. §679B.120

New Hampshire

N.H. Rev. Stat. Ann. §400-A:1 et seq.

Appointed by governor with advice and consent of governor's Executive Council

Five years

 

New Jersey

N.J. Rev. Stat. §17:1-1 et seq.

Appointed by governor with advice and consent of Senate

At the pleasure of the governor during the governor's term of office and until the appointment and qualification of the commissioner's successor

N.J. Rev. Stat. §17:1-15

New Mexico

N.M. Const. Art. 11, §20
N.M. Stat. Ann. §59A-2-1 et seq.

Appointed by the Insurance Nominating Committee

Four years
The superintendent shall not be removed except for incompetence, willful neglect of duty or malfeasance in office. The insurance nominating committee may remove the superintendent after providing the superintendent with notice and a hearing.

N.M. Stat. Ann. §59A-2-8

New York

N.Y. Financial Services Law §201 et seq.
N.Y. Insurance Law §101 et seq.

The superintendent of the Department of Financial Services is appointed by governor with advice and consent of Senate

Shall hold office until the end of the term of the governor by whom he was appointed and until his successor is appointed and qualified

 

North Carolina

N.C. Gen. Stat. §58-2-1 et seq.

Elected

Four years

N.C. Gen. Stat. §58-2-40

North Dakota

N.D. Const. Art. V, §2 et seq.
N.D. Cent. Code §26.1-01-01 et seq.

Elected

Four years

N.D. Cent. Code §26.1-01-03

N. Mariana Islands

Not available

Ohio

Ohio Rev. Code Ann. §121.01 et seq.

Appointed by governor with advice and consent of Senate

At the pleasure of the governor during the term of the appointing governor

Ohio Rev. Code Ann. §3901.011

Oklahoma

Okla. Const. Art. 6, §1 et seq.
Okla. Stat. tit. 36, §301 et seq.

Elected

Four years

Okla. Stat. tit. 36, §307

Oregon

Or. Rev. Stat. §705.010 et seq.
Or. Rev. Stat. §731.004 et seq.

Appointed by director of Department of Consumer and Business Affairs

At the pleasure of the director of the Department of Consumer and Business Affairs

 

Pennsylvania

Pa. Stat. tit. 40, §41 et seq.

Appointed by governor with advice and consent of Senate

Four years and until his successor is appointed and qualified

 

Puerto Rico

P.R. Code Ann. tit. 26, §233 et seq.

Appointed by governor with advice and consent of Senate

At the pleasure of the governor

P.R. Code Ann. tit. 26, §236

Rhode Island

R.I. Gen. Laws §42-6-1 et seq.

The director of Department of Business Regulation appointed by governor with consent of Senate

At the pleasure of the governor

 

South Carolina

S.C. Code Ann. §38-3-10 et seq.

Appointed by governor with advice and consent of Senate

At the pleasure of the governor

S.C. Code Ann. §38-3-60

South Dakota

S.D. Codified Laws Ann. §58-2-1.1 et seq.

Appointed by secretary of Department of Revenue and Regulation

At the pleasure of the secretary of the Department of Revenue and Regulation

 

Tennessee

Tenn. Code Ann. §4-3-1301 et seq.
Tenn. Code Ann. §56-1-101 et seq.

Appointed by governor

At the pleasure of the governor

 

Texas

Tex. Insurance Code Ann. §31.021 et seq.

Appointed by governor with advice and consent of Senate

Two years, expires on February 1 of each odd-numbered year

Tex. Insurance Code Ann. §31.002

Utah

Utah Code Ann. §31A-2-101 et seq.

Appointed by governor with advice and consent of Senate

At the pleasure of the governor

Utah Code Ann. §31A-2-201

Vermont

Vt. Stat. Ann. tit. 8, §10 et seq.

Appointed by governor with advice and consent of Senate

Biennially, in the month of February

 

Virginia

Va. Code §12.1-16
Va. Code §38.2-200 et seq.

Appointed by State Corporation Commission

At the pleasure of the State Corporation Commission

Va. Code §38.2-200

U.S. Virgin Islands

V.I. Code tit. 22, §51 et seq.

Commissioner means the lieutenant governor of the Virgin Islands serving as the commissioner of Insurance

 

V.I. Code tit. 22, §53

Washington

Wash. Rev. Code §48.02.010 et seq.

Elected

Four years

Wash. Rev. Code §48.02.060

West Virginia

W. Va. Code §33-2-1 et seq.

Appointed by governor with advice and consent of Senate

Six years

W. Va. Code §33-2-3

Wisconsin

Wis. Stat. §15.06
Wis. Stat. §601.01 et seq.

Appointed by governor, subject to confirmation by Senate

At the pleasure of the governor

Wis. Stat. §601.41

Wyoming

Wyo. Stat. §26-2-101 et seq.

Appointed by governor with advice and consent of Senate

At the pleasure of the governor

Wyo. Stat. §26-2-109


Heather Morton is a senior fellow in NCSL's Fiscal Affairs Program. She covers financial services, alcohol production and sales, telecommunications and medical malpractice issues for NCSL.

 

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