HARRY HUGHES, Governor

3757

properly allocable to the risks or exposures located in this
State.

[(d)] (C) This section does not apply to reinsurance
or insurance of risks referred to in § 199, nor to insurance
of risks of the State government or any of its political
subdivisions.

[195.

Every surplus line broker who fails to make and file
the semiannual statement as required under § 193 or to pay
the taxes as required under § 194, shall be liable to a
penalty of twenty-five dollars ($25.00) for each seven days
of delinquency. The tax and penalty may be recovered in an
action instituted by the Commissioner in the name of the
State in any court of competent jurisdiction, the Attorney
General representing him. The surplus line broker's license
shall also be subject to revocation as provided in § 196.]

195.

(A)  ON OR BEFORE MARCH 15 AND SEPTEMBER 15 EACH
SURPLUS LINE BROKER SHALL FILE WITH THE COMMISSIONER A
REPORT OF THE GROSS PREMIUMS CHARGED BY THAT BROKER.

PREMIUMS ATTRIBUTABLE TO BUSINESS DONE THE PRECEDING

CALENDAR YEAR SHALL BE DEDUCTED FROM THE REPORT LESS
PREMIUMS RETURNED FOR BUSINESS SUBJECT TO TAX DONE THE
PRECEDING HALF CALENDAR YEAR. REPORTS SHALL BE VERIFIED IN A
MANNER PRESCRIBED BY THE COMMISSIONER AND CONTAIN THAT
INFORMATION REQUIRED BY THE COMMISSIONER.

(B)  THE TOTAL AMOUNT OF TAX IMPOSED BY § 194(A) OF
THIS ARTICLE, AND APPEARING ON THE ANNUAL SEMIANNUAL REPORT,
SHALL BE PAID TO THE COMMISSIONER AT THE TIME FIXED FOR
FILING THE REPORT.

(C)  ANY REPORT, AFFIDAVIT, OR RETURN REQUIRED TO BE
FILED UNDER THIS SUBTITLE SHALL COMPLY WITH THE FILING
REQUIREMENTS IF MAILED AND POSTMARKED BY THE UNITED STATES
POSTAL SERVICE ON OR BEFORE THE FILING DATE.

(D)   SURPLUS LINE BROKERS ARE SUBJECT TO THE PROVISIONS
OUTLINING PENALTIES, INTEREST, AUDITS, ASSESSMENTS,
LIMITATIONS, APPEALS, AND REFUNDS, IN ARTICLE 81, §§ 140
THROUGH 143A, INCLUSIVE, OF THE CODE CONCERNING INSURANCE
PREMIUM TAXES.

(E)  A SURPLUS LINE BROKER SHALL BE ENTITLED TO CREDIT
ANY EXAMINATION EXPENSE PAID OR ASSESSED UNDER § 33 OF THIS
ARTICLE AGAINST THE TOTAL TAX DUE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.