|Passed by the House April 18, 2009|
Speaker of the House of Representatives
Passed by the Senate April 8, 2009
President of the Senate
I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1566 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Governor of the State of Washington
Secretary of State
State of Washington
|State of Washington||61st Legislature||2009 Regular Session|
Read first time 01/23/09. Referred to Committee on Financial Institutions & Insurance.
AN ACT Relating to granting the insurance commissioner certain authority when the governor declares a state of emergency; and amending RCW 48.02.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 48.02.060 and 1947 c 79 s .02.06 are each amended to
read as follows:
(1) The commissioner ((
shall have)) has 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. (( No such)) Rules (( and regulations
shall be)) are not 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.
(4) When the governor proclaims a state of emergency under RCW 43.06.010(12), the commissioner may issue an order that addresses any or all of the following matters related to insurance policies issued in this state:
(a) Reporting requirements for claims;
(b) Grace periods for payment of insurance premiums and performance of other duties by insureds;
(c) Temporary postponement of cancellations and renewals; and
(d) Medical coverage to ensure access to care.
(5) An order by the commissioner under subsection (4) of this section may remain effective for not more than sixty days unless the commissioner extends the termination date for the order for an additional period of not more than thirty days. The commissioner may extend the order if, in the commissioner's judgment, the circumstances warrant an extension. An order of the commissioner under subsection (4) of this section is not effective after the related state of emergency is terminated by proclamation of the governor under RCW 43.06.210. The order must specify, by line of insurance:
(a) The geographic areas in which the order applies, which must be within but may be less extensive than the geographic area specified in the governor's proclamation of a state of emergency and must be specific according to an appropriate means of delineation, such as the United States postal service zip codes or other appropriate means; and
(b) The date on which the order becomes effective and the date on which the order terminates.
(6) The commissioner may adopt rules that establish general criteria for orders issued under subsection (4) of this section and may adopt emergency rules applicable to a specific proclamation of a state of emergency by the governor.
(7) The rule-making authority set forth in subsection (6) of this section does not limit or affect the rule-making authority otherwise granted to the commissioner by law.