PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: WAC 458-20-164 (Rule
164) Insurance ((agents, brokers and solicitors)) producers,
adjusters -- Title insurance agents -- Surplus line brokers.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.32.300 and 82.01.060(2).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is considering revisions to Rule 164 to:
| • | Recognize legislation changing terms from "insurance agents, brokers, or solicitors" to "insurance producers," and the addition of "title insurance agents" in chapter 82.04 RCW (chapter 217, Laws of 2008); |
| • | Add language pertaining to economic nexus; |
| • | Add language pertaining to "surplus line brokers" in chapter 82.04 RCW (chapter 162, Laws of 2009); |
| • | Addition of a new subsection for tax information for insurance adjusters; |
| • | Delete portions of subsection (5) Special classification for certain managing general agents as no longer needed. These taxpayers report under the "Insurance producers, title insurance agents, or surplus line broker commissions' B&O tax classification; |
| • | Add a new subsection covering purchases subject to retail sales tax; and |
| • | Add examples and subsection headings. |
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Parties interested in this rule making may contact the individual listed below. The public may also participate by providing written comments throughout this rule making or giving oral testimony at the public meeting or public hearing.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Written comments may be submitted by mail, fax, or at the public meeting. Oral comments will be accepted at the public meeting. A preliminary draft of anticipated changes will be available upon request shortly before the public meeting. Written comments on and/or requests for copies of the rule may be directed to Gayle Carlson, Interpretations and Technical Advice Division, P.O. Box 47453, Olympia, WA 98504-7453, e-mail GayleC@dor.wa.gov, phone (360) 534-1576.
Public Meeting Location: Capital Plaza Building, 4th Floor, RLA Large Conference Room, 1025 Union Avenue S.E., Olympia, WA, on September 28, 2011, at 9:30 a.m.
August 23, 2011
Alan R. Lynn
Rules Coordinator