BILL REQ. #: H-3204.1
State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/14/14. Referred to Committee on Business & Financial Services.
AN ACT Relating to surplus lines; and amending RCW 48.15.050 and 48.15.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 48.15.050 and 1947 c 79 s .15.05 are each amended to
read as follows:
Every insurance contract procured and delivered as a surplus line
coverage pursuant to this chapter ((shall)) must have stamped upon it
and be initialed by or bear the name of the surplus line broker who
procured it, the following:
"This contract is registered and delivered as a surplus line
coverage under the insurance code of the state of Washington, ((enacted
in 1947)) Title 48 RCW."
Sec. 2 RCW 48.15.120 and 2011 c 31 s 8 are each amended to read
as follows:
(1) On or before the first day of March of each year each surplus
line broker must remit to the state treasurer through the commissioner
a tax on the premiums, exclusive of sums collected to cover federal and
state taxes and examination fees, on surplus line insurance subject to
tax transacted by him or her during the preceding calendar year as
shown by his or her annual statement filed with the commissioner, and
at the same rate as is applicable to the premiums of authorized foreign
insurers under this code. The tax when collected must be credited to
the general fund.
(2) For property and casualty insurance other than industrial
insurance under Title 51 RCW, ((if)) when this state is the insured's
home state:
(a) If the surplus line insurance covers risks or exposures located
inside the United States, its territories, or both, the tax so payable
must be computed upon the entire premium under subsection (1) of this
section, without regard to whether the policy covers risks or exposures
that are located in this state; and
(b) If the surplus line insurance covers risks or exposures located
outside of the United States and its territories, no tax under
subsection (1) of this section is due or payable for the premium
properly allocable to the risks and exposures located outside the
United States and its territories.
(3) For all other lines of insurance, if a surplus line policy
covers risks or exposures only partially in this state, the tax so
payable must be computed upon the proportion of the premium that is
properly allocable to the risks or exposures located in this state.