BILL REQ. #:  H-1798.1 

Read first time 02/19/2007.   Referred to Committee on Insurance, Financial Services & Consumer Protection.

     AN ACT Relating to a regulatory surcharge under the insurance code; and amending RCW 48.18.170, 48.18.180, 48.02.190, and 48.14.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 48.18.170 and 1947 c 79 s .18.17 are each amended to read as follows:
     "Premium" as used in this code means all sums charged, received, or deposited as consideration for an insurance contract or the continuance thereof. "Premium" does not include the regulatory surcharge imposed by RCW 48.02.190. Except as otherwise provided, any assessment, or any "membership," "policy," "survey," "inspection," "service" or similar fee or charge made by the insurer in consideration for an insurance contract is deemed part of the premium.

Sec. 2   RCW 48.18.180 and 1994 c 203 s 2 are each amended to read as follows:
     (1) The premium stated in the policy shall be inclusive of all fees, charges, premiums, or other consideration charged for the insurance or for the procurement thereof.
     (2) No insurer or its officer, employee, agent, solicitor, or other representative shall charge or receive any fee, compensation, or consideration for insurance which is not included in the premium specified in the policy.
     (3) Each violation of this section is a gross misdemeanor.
     (4) This section does not apply to a fee paid to a broker by an insured as provided in RCW 48.17.270.
     (5) This section does not apply to the regulatory surcharge imposed by RCW 48.02.190.

Sec. 3   RCW 48.02.190 and 2004 c 260 s 22 are each amended to read as follows:
     (1) As used in this section:
     (a) "Organization" means every insurer, as defined in RCW 48.01.050, having a certificate of authority to do business in this state and every health care service contractor or (([self-funded])) self-funded multiple employer welfare arrangement registered to do business in this state. "Class one" organizations shall consist of all insurers as defined in RCW 48.01.050. "Class two" organizations shall consist of all organizations registered under provisions of chapter 48.44 RCW. "Class three" organizations shall consist of self-funded multiple employer welfare arrangements as defined in RCW 48.125.010.
     (b)(i) "Receipts" means (A) net direct premiums consisting of direct gross premiums, as defined in RCW 48.18.170, paid for insurance written or renewed upon risks or property resident, situated, or to be performed in this state, less return premiums and premiums on policies not taken, dividends paid or credited to policyholders on direct business, and premiums received from policies or contracts issued in connection with qualified plans as defined in RCW 48.14.021, and (B) prepayments to health care service contractors as set forth in RCW 48.44.010(3) or participant contributions to self-funded multiple employer welfare arrangements as defined in RCW 48.125.010 less experience rating credits, dividends, prepayments returned to subscribers, and payments for contracts not taken.
     (c) "Regulatory surcharge" means the fees imposed by this section.
     (ii) Participant contributions, under chapter 48.125 RCW, used to determine the receipts in this state under this section shall be determined in the same manner as premiums taxable in this state are determined under RCW 48.14.090.
     (2) The annual cost of operating the office of insurance commissioner shall be determined by legislative appropriation. A pro rata share of the cost shall be charged to all organizations as a regulatory surcharge. Each class of organization shall contribute a sufficient ((in fees)) amount to the insurance commissioner's regulatory account to pay the reasonable costs, including overhead, of regulating that class of organization.
     (3) ((Fees charged)) The regulatory surcharge shall be calculated separately for each class of organization. The ((fee charged)) regulatory surcharge collected from each organization shall be that portion of the cost of operating the insurance commissioner's office, for that class of organization, for the ensuing fiscal year that is represented by the organization's portion of the receipts collected or received by all organizations within that class on business in this state during the previous calendar year: PROVIDED, That the ((fee)) regulatory surcharge shall not exceed one-eighth of one percent of receipts: PROVIDED FURTHER, That the minimum ((fee)) regulatory surcharge shall be one thousand dollars.
     (4) The regulatory surcharge shall not be included in any retaliatory calculations pursuant to RCW 48.14.040.
     (5) The commissioner shall annually, on or before June 1, calculate and bill each organization for the amount of ((its fee)) the regulatory surcharge. ((Fees)) The regulatory surcharge shall be due and payable no later than June 15 of each year: PROVIDED, That if the necessary financial records are not available or if the amount of the legislative appropriation is not determined in time to carry out such calculations and bill such fees within the time specified, the commissioner may use the ((fee)) regulatory surcharge factors for the prior year as the basis for the ((fees)) regulatory surcharge and, if necessary, the commissioner may impose supplemental fees to fully and properly charge the organizations. The penalties for failure to pay ((fees)) the regulatory surcharge when due shall be the same as the penalties for failure to pay taxes pursuant to RCW 48.14.060. The ((fees)) regulatory surcharge required by this section ((are)) is in addition to all other taxes and fees now imposed or that may be subsequently imposed.
     (((5))) (6) All moneys collected shall be deposited in the insurance commissioner's regulatory account in the state treasury which is hereby created.
     (((6))) (7) Unexpended funds in the insurance commissioner's regulatory account at the close of a fiscal year shall be carried forward in the insurance commissioner's regulatory account to the succeeding fiscal year and shall be used to reduce future ((fees)) regulatory surcharges. During the 2003-2005 fiscal biennium, the legislature may transfer from the insurance commissioner's regulatory account to the state general fund such amounts as reflect excess fund balance in the account.
     (8)(a) Each insurer may annually collect the regulatory surcharge remitted in preceding years by recouping the amount from policyholders of all kinds of insurance. The recoupment shall be at a uniform rate reasonably calculated to collect the regulatory surcharge remitted by the insurer.
     (b) If an insurer fails to collect the entire amount of the recoupment in the first year under this section, it may repeat the recoupment procedure provided in this section in succeeding years until the regulatory surcharge is fully collected or a de minimis amount remains uncollected. Any such de minimis amount may be collected as provided in this subsection.
     (c)(i) The amount and nature of any recoupment shall be separately stated on either a billing or policy declaration sent to an insured.
     (ii) The amount of the recoupment shall not be considered premium for any purpose, including the premium tax or agents' commissions.
     (d) An insurer may elect not to recoup the regulatory surcharge from its insured when, for example, the expense of recouping the regulatory surcharge would exceed the amount to be recouped. In such case, the insurer may recoup the regulatory surcharge through its rates. However, the insurer shall be obligated to remit the amount not recouped by election under this subsection and (c)(ii) of this subsection does not apply.

Sec. 4   RCW 48.14.040 and 1988 c 248 s 8 are each amended to read as follows:
     (1) If pursuant to the laws of any other state or country, any taxes, licenses, fees, deposits, or other obligations or prohibitions, in the aggregate, or additional to or at a net rate in excess of any such taxes, licenses, fees, deposits or other obligations or prohibitions imposed by the laws of this state upon like foreign or alien insurers and their agents and solicitors, are imposed on insurers of this state and their agents doing business in such other state or country, a like rate, obligation or prohibition may be imposed by the commissioner, as to any item or combination of items involved, upon all insurers of such other state or country and their agents doing business in this state, so long as such laws remain in force or are so applied.
     (2) For the purposes of this section, an alien insurer may be deemed to be domiciled in the state wherein it has established its principal office or agency in the United States. If no such office or agency has been established, the domicile of the alien insurer shall be deemed to be the country under the laws of which it is formed.
     (3) For the purposes of this section, the regulatory surcharge imposed by RCW 48.02.190 shall not be included in the calculation of any retaliatory taxes, licenses, fees, deposits, or other obligations or prohibitions imposed under this section.