H-3703.1          _______________________________________________

 

                                  HOUSE BILL 2720

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Representatives R. Meyers, Paris, Anderson, Hargrove, Miller, H. Sommers, Winsley, Jones, Basich, J. Kohl, Belcher and Orr

 

Read first time 01/24/92.  Referred to Committee on Financial Institutions & Insurance.Making workers' compensation coverage available to all longshore and harbor workers.


     AN ACT Relating to longshore and harbor workers' compensation act insurance; amending RCW 48.32.020; adding new sections to chapter 48.22 RCW; and declaring an emergency.

 

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

 

     Sec. 1.  RCW 48.32.020 and 1987 c 185 s 29 are each amended to read as follows:

     This chapter shall apply to all kinds of direct insurance, except life, title, surety, disability, credit, mortgage guaranty, workers' compensation included in the state of Washington industrial insurance fund defined in RCW 51.08.175, and ocean marine insurance.  This chapter shall apply to workers' compensation insurance only if the applicable order of liquidation is adjudicated on or after July 1, 1992.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 48.22 RCW to read as follows:

     The commissioner shall, before July 1, 1992, adopt rules establishing a reasonable plan to insure that workers' compensation coverage as required by the United States Longshoreman's and Harbor Worker's Compensation Act (33 U.S.C. Sec. 901-950) and maritime employer's liability coverage incidental to such workers' compensation coverage is available to those unable to purchase it through the normal insurance market.  This plan shall require the participation of all authorized insurers writing primary and excess workers' compensation insurance or reinsurance and the Washington state industrial insurance fund as defined in RCW 51.08.175 in amounts proportional to the premiums written by each of these entities.  These rules shall require that the plan use generally accepted actuarial principles for rate making.  Any applicant for this insurance, any person insured under this plan, any insurer, or the Washington state industrial insurance fund affected by any ruling or decision of the manager or committee designated to operate the plan may appeal to the commissioner for resolution of any dispute.

 

     NEW SECTION.  Sec. 3.  A new section is added to chapter 48.22 RCW to read as follows:

     The commissioner shall, before April 15, 1992, appoint a committee to provide assistance in the drafting of the rules required by section 2 of this act.  Subsequent to July 1, 1992, this committee shall assist the commissioner in overseeing the operation of the plan.  This committee shall consist of not less than eight members.  The commissioner and the director of the department of labor and industries shall be members.  The remaining members shall be selected to insure equal representation of authorized insurers writing primary or excess workers' compensation insurance, insurance providers, organized labor, and maritime employees.

 

     NEW SECTION.  Sec. 4.      Sections 2 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.