Ch. 459

1994 LAWS OF MARYLAND

NUMBER OF EARNED VEHICLE YEARS OF PRIVATE PASSENGER AUTOMOBILE OR
COMMERCIAL MOTOR VEHICLE LIABILITY INSURANCE WRITTEN IN THE STATE BY
THE INSURER DURING THE PRECEDING CALENDAR YEAR.

(2) THE ASSESSMENT SHALL BE PAID ON A QUARTERLY BASIS,
BEGINNING ON OR BEFORE APRIL 1 OF EACH CALENDAR YEAR.

(3) THE ASSESSMENT REQUIRED UNDER THIS SECTION IS NOT A
PREMIUM AND IS NOT SUBJECT TO THE INSURANCE PREMIUM TAX UNDER ARTICLE
48A, SUBTITLE 47 OF THE CODE.

(B) (1) THE ASSESSMENT REQUIRED UNDER THIS SECTION MAY BE BILLED
TO THE POLICYHOLDERS OF THE INSURER, IF:                                                  

(I) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, THE BILLED
ASSESSMENT DOES NOT EXCEED $1 PER PRIVATE PASSENGER AUTOMOBILE OR
COMMERCIAL MOTOR VEHICLE PER YEAR INSURED BY THE INSURER;

(II) THE ASSESSMENT IS MADE ON ALL NEW AND RENEWAL
PRIVATE PASSENGER AUTOMOBILE OR COMMERCIAL MOTOR VEHICLE LIABILITY
INSURANCE POLICIES OF THE INSURER; AND                                   

(III) THE TOTAL OF ALL ASSESSMENTS ON ALL INSUREDS DOES NOT
EXCEED THE ASSESSMENT THE INSURER IS REQUIRED TO PAY UNDER SUBSECTION
(A) OF THIS SECTION.

(2) AN INSURER THAT BILLS ITS POLICYHOLDERS TO RECOVER THE
ASSESSMENT REQUIRED UNDER THIS SECTION MAY INDICATE THE PURPOSE OF THE
ASSESSMENT ON ANY BILLING MATERIAL.

(3) A POLICYHOLDER THAT IS BILLED BY AN INSURER FOR AN
ASSESSMENT UNDER THIS SUBSECTION MAY NOT RECEIVE A REFUND OF ANY
ASSESSMENT PAID, IN WHOLE OR IN PART, IF THE POLICY IS CANCELED OR
OTHERWISE TERMINATED PRIOR TO THE END OF THE POLICY TERM.

4-1606. 4-1605.

THE COUNCIL SHALL DEVELOP AND IMPLEMENT A PLAN OF OPERATION.

SECTION 2. AND BE IT FURTHER ENACTED, That:                         

(a) On or before October 1, 1991, ever)' insurer that provides private passenger
automobile or commercial motor vehicle liability insurance, in the State, shall pay a
onetime assessment to the Vehicle Theft Prevention Fund established by this Act. The
assessment under this section shall be:

(1) For insurers with gross direct written premiums for private passenger
automobile or commercial motor vehicle liability insurance in the State in 1992 in excess
of $1 million, ,$5,000; and                                                                                                 

(2) For insurers with gross direct written premiums for private passenger
automobile or commercial motor vehicle liability insurance less than or equal to $1
million, $1,000.

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