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Sec. 1. "RCW 82.04.320 and 2021 c 281 s 10 are each amended to read as follows:

(1) ((Except as otherwise provided in this section, this chapter does not apply to any person in respect to insurance business upon which a tax based on gross premiums is paid to the state.

(2) The provisions of this section do not exempt any person engaging in the business of representing any insurance company, whether as general or local agent, or acting as broker for such companies.

(3) The provisions of this section do not exempt any bonding company from tax with respect to gross income derived from the completion of any contract as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor.

(4)))This chapter does not apply to insurance business conducted by an insurer.

(2) The exemption in subsection (1) of this section also applies to gross premiums received by an insurer that is exempt from premium taxes under RCW 48.14.0201(6).

(3) The exemption in subsection (1) of this section also applies to consideration received by an insurer for the granting of an annuity.

(4) For purposes of this section, for periods preceding May 12, 2021, eligible captive insurers as defined in RCW 48.201.020 are deemed, in respect to their insurance business, to have paid a tax under RCW 48.14.020 or 48.201.040 on ((gross))their receipt of premiums ((to the state)).

(5) Eligible captive insurers affiliated with a public institution of higher education that are exempt from paying a premium tax under RCW 48.201.040 are exempt from the tax imposed by this chapter in respect to their insurance business. For purposes of this subsection (5), the definitions in RCW 48.201.020 apply.

(6) For the purposes of this section:

(a) "Insurance business" means activity performed by an insurer as defined in RCW 48.01.050, which relates to and includes the assumption of insurance risk, either directly or through reinsurance, upon which premiums or other considerations have been earned or received with respect to those risks.

(b) "Insurer" means a person that lawfully transacts insurance business in this state. "Insurer" includes an insurance broker who pays premium taxes pursuant to chapter 48.14 or 48.15 RCW on behalf of insurance businesses.

NEW SECTION. Sec. 2. RCW 82.04.322 (Exemptions—Health maintenance organization, health care service contractor, certified health plan) and 1993 c 492 s 303 are each repealed.

NEW SECTION. Sec. 3. This act does not affect any final judgment, no longer subject to appeal, entered by a court of competent jurisdiction before the effective date of section 1 of this act."