HARRY HUGHES, Governor

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subtitle shall preclude the executive director from basing
premiums on the number of points accumulated by an insured or
applicant for insurance under the point system provided for in
Title 16, Subtitle 4 of the Transportation Article, or upon the
prior claims experience of an insured or applicant for insurance,
or both.

(2) IN REVIEWING RATES FILED BY THE FUND, THE
COMMISSIONER SHALL GIVE DUE CONSIDERATION NOT ONLY TO THE RATING
PRINCIPLES SET FORTH IN § 242(C) BUT ALSO TO THE FUND'S STATUTORY
PURPOSE AS REFLECTED IN §§ 243A, 243B, AND 243M OF THIS ARTICLE.

243M.

(d)  The board of directors shall receive from the Maryland
Automobile Insurance Fund the certification of any actual
insufficiency for a preceding calendar year in accordance with §
243A(b). On or before June 30 of each year in which the board
receives such a certification, it shall:

(1)  Determine from the Insurance Commissioner the
aggregate net direct written premiums of all members of the
association during the most recent calendar year determined by
the Insurance Commissioner.

(2)  Calculate an assessment allocation percentage by
dividing the Fund's most recent certified operating loss by the
total of (i) the aggregate net direct written premiums referred
to in (1) above, plus (ii) the Fund's total net direct written
premium for the same period. The assessment allocation
percentage shall in no event exceed [4] 3 percent.

(3)  Notify all members, the Maryland Automobile
Insurance Fund, and the Maryland Insurance Commissioner of the
assessment allocation percentage so determined.

(4)  Assess and collect from each member of the
association an amount equal to each member's net direct written
premium for the most recent calendar year determined by the
Insurance Commissioner multiplied by the assessment allocation
percentage determined in (2) above.

(5)  Deposit the assessment payment as required by §
243A(b).

(e)  (1) The Insurance Commissioner shall promptly review
the assessment allocation percentage calculated by the
association. Unless the Commissioner finds the computation to be
inaccurate, the Commissioner shall authorize each member to
[surcharge] IMPOSE A RECOUPMENT CHARGE ON each policy of motor
vehicle liability and physical damage insurance written or
renewed in this State, for a period of one year commencing the
next ensuing July 1, by the same percentage as the assessment
allocation percentage. [This surcharge] SUBJECT TO PARAGRAPH (3)
OF THIS SUBSECTION, THIS RECOUPMENT CHARGE shall be computed by