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HOUSE BILL 1501
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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.
Passed
the House March 8, 1995.
Passed
the Senate April 10, 1995.
Approved by the Governor April 27, 1995.
Filed in Office of
Secretary of State April 27, 1995.
