_______________________________________________
HOUSE
BILL 1501
_______________________________________________
Passed
Legislature - 1995 Regular Session
State of Washington 54th
Legislature 1995 Regular Session
By
Read first time 01/27/95.
Referred to Committee on Financial Institutions & Insurance.
Correcting double
amendments related to insurance examination expenses.
AN ACT
Relating to correcting double amendments related to insurance examination
expenses; reenacting RCW 48.03.060; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The only
intent of the legislature in this act is to correct double amendments. It is
not the intent of the legislature to change the substance or effect of any
statute previously enacted.
Sec.
2. RCW
48.03.060 and 1993 c 462 s 47 and 1993 c 281 s 55 are each reenacted to read as
follows:
(1)
Examinations within this state of any insurer domiciled or having its home
offices in this state, other than a title insurer, made by the commissioner or
the commissioner's examiners and employees shall, except as to fees, mileage,
and expense incurred as to witnesses, be at the expense of the state.
(2)
Every other examination, whatsoever, or any part of the examination of any
person domiciled or having its home offices in this state requiring travel and
services outside this state, shall be made by the commissioner or by examiners
designated by the commissioner and shall be at the expense of the person
examined; but a domestic insurer shall not be liable for the compensation of
examiners employed by the commissioner for such services outside this state.
(3)
When making an examination under this chapter, the commissioner may retain
attorneys, appraisers, independent actuaries, independent certified public
accountants, or other professionals and specialists as examiners, the cost of
which shall be borne by the person who is the subject of the examination,
except as provided in subsection (1) of this section.
(4)
The person examined and liable therefor shall reimburse the state upon presentation
of an itemized statement thereof, for the actual travel expenses of the
commissioner's examiners, their reasonable living expense allowance, and their
per diem compensation, including salary and the employer's cost of employee
benefits, at a reasonable rate approved by the commissioner, incurred on
account of the examination. Per diem salary and expenses for employees
examining insurers domiciled outside the state of Washington shall be
established by the commissioner on the basis of the National Association of
Insurance Commissioner's recommended salary and expense schedule for zone
examiners, or the salary schedule established by the Washington personnel
resources board and the expense schedule established by the office of financial
management, whichever is higher. Domestic title insurer shall pay the
examination expense and costs to the commissioner as itemized and billed by the
commissioner.
The
commissioner or the commissioner's examiners shall not receive or accept any
additional emolument on account of any examination.
(5)
Nothing contained in this chapter limits the commissioner's authority to
terminate or suspend any examination in order to pursue other legal or
regulatory action under the insurance laws of this state. Findings of fact and
conclusions made pursuant to any examination are prima facie evidence in any
legal or regulatory action.
