1010-S.E AMS HALE S3284.1

ESHB 1010 - S AMD TO S AMD (S-3253.3/95) - 356

By Senator

     On page 8, beginning on line 28 of the amendment, strike all of section 112 and insert the following:

     "Sec. 112.  RCW 48.02.060 and 1947 c 79 s .02.06 are each amended to read as follows:

     (1) The commissioner shall have the authority expressly conferred upon him or her by or reasonably implied from the provisions of this code.

     (2) The commissioner shall execute his or her duties and shall enforce the provisions of this code.

     (3) The commissioner may:

     (a) Make reasonable rules and regulations for effectuating any provision of this code, except those relating to his or her election, qualifications, or compensation:  PROVIDED, That the commissioner may not adopt rules after the effective date of this section that are based solely on this statute, or on a statute's statement of intent or purpose, or on the enabling provisions of the statute establishing the agency, or any combination of such provisions, for statutory authority to adopt any rule, except rules defining or clarifying terms in, or procedures necessary to the implementation of a statute.  No such rules and regulations shall be effective prior to their being filed for public inspection in the commissioner's office.

     (b) Conduct investigations to determine whether any person has violated any provision of this code.

     (c) Conduct examinations, investigations, hearings, in addition to those specifically provided for, useful and proper for the efficient administration of any provision of this code.

     Sec. 113.  RCW 48.30.010 and 1985 c 264 s 13 are each amended to read as follows:

     (1) No person engaged in the business of insurance shall engage in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of such business as such methods, acts, or practices ((are defined pursuant to subsection (2) of this section.

     (2) In addition to such unfair methods and unfair or deceptive acts or practices)) as are expressly defined and prohibited by this code((, the commissioner may from time to time by regulation promulgated pursuant to chapter 34.05 RCW, define other methods of competition and other acts and practices in the conduct of such business reasonably found by the commissioner to be unfair or deceptive.

     (3) No such regulation shall be made effective prior to the expiration of thirty days after the date of the order by which it is promulgated)).

     (((4))) (2) If the commissioner has cause to believe that any person is violating any such ((regulation)) rule or prohibition of this code, the commissioner may order such person to cease and desist therefrom.  The commissioner shall deliver such order to such person direct or mail it to the person by registered mail with return receipt requested.  If the person violates the order after expiration of ten days after the cease and desist order has been received by him or her, he or she may be fined by the commissioner a sum not to exceed two hundred and fifty dollars for each violation committed thereafter.

     (((5))) (3) If any such ((regulation)) rule or prohibition of this code is violated, the commissioner may take such other or additional action as is permitted under the insurance code for violation of a ((regulation)) rule or that prohibition.

(4) Any permanent rule that was adopted by the commissioner under the authority of this section as it existed before the effective date of this section, and that was in effect as of the effective date of this section, shall, if otherwise valid, remain in effect until and unless it is repealed by the commissioner, who shall retain the authority to repeal any such rule, or is effectively repealed by an act of the legislature.

     Sec. 114.  RCW 48.44.050 and 1947 c 268 s 5 are each amended to read as follows:

     The insurance commissioner shall make reasonable regulations in aid of the administration of this chapter which may include, but shall not be limited to regulations concerning the maintenance of adequate insurance, bonds, or cash deposits, information required of registrants, and methods of expediting speedy and fair payments to claimants:  PROVIDED, That the commissioner may not adopt rules after the effective date of this section that are based solely on this section, a statute's statement of intent or purpose, or on the enabling provisions of the statute establishing the agency, or any combination of such provisions, for statutory authority to adopt any rule, except rules defining or clarifying terms in, or procedures necessary to the implementation of a statute.

     Sec. 115.  RCW 48.46.200 and 1975 1st ex.s. c 290 s 21 are each amended to read as follows:

     The commissioner may adopt, in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW, ((promulgate)) rules and regulations as necessary or proper to carry out the provisions of this chapter:  PROVIDED, That the commissioner may not adopt rules after the effective date of this section that are based solely on this section, a statute's statement of intent or purpose, or on the enabling provisions of the statute establishing the agency, or any combination of such provisions, for statutory authority to adopt any rule, except rules defining or clarifying terms in, or procedures necessary to the implementation of a statute.  Nothing in this chapter shall be construed to prohibit the commissioner from requiring changes in procedures previously approved by ((him)) the commissioner."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

ESHB 1010 - S AMD TO S AMD (S-3253.3/95) - 356

By Senator Hale

     On page 63, line 12 of the title amendment, after "48.02.060," insert "48.30.010, 48.44.050, 48.46.200,"

                                    --- END ---