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               BILL REQUEST - CODE REVISER'S OFFICE

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BILL REQ. #:   H-1086.1/95

ATTY/TYPIST:   SCG:mos

BRIEF TITLE:

1010-S AMH REAM H1086.1

SHB 1010 - H AMD

By Representative Reams

    On page 9, after line 31, insert the following:

    "Sec. 116.  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)) 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)) 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)) that prohibition."

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

EFFECT:  Repeals the Insurance Commissioner's power to adopt "unfair practices" rules.

SHB 1010 - H AMD

By Representative Reams

    On page 1, line 2 of the title, after "48.02.060," insert "48.30.010,"

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