PARRIS N. GLENDENING, Governor                             Ch. 685

(ii) Issue an order to require the insurer to show cause why it should
be allowed to continue to engage in the insurance business in the State.

61.

(1) When by or pursuant to the laws of any other state or foreign country any
taxes, licenses and other fees OTHER THAN FEES SIMILAR TO THE INSURANCE
REGULATION FEE, in the aggregate, and any fines, penalties, deposit requirements or
other material obligations, prohibitions or restrictions are or would be imposed upon
Maryland insurers, or upon the agents or representatives of such insurers, which are in
excess of such taxes, licenses and other fees, in the aggregate, or which are in excess of
the fines, penalties, deposit requirements or other obligations, prohibitions, or
restrictions directly imposed upon similar insurers, or upon the agents or representatives
of such insurers, of such other state or country under the statutes of this State, so long as
such laws of such other state or country continue in force or are so applied, the same
taxes, licenses and other fees, in the aggregate, or fines, penalties or deposit requirements
or other material obligations, prohibitions, or restrictions of whatever kind shall be
imposed by the Commissioner upon the insurers, or upon the agents or representatives of
such insurers, of such other state or country doing business or seeking to do business in
Maryland. Any tax, license or other fee or other obligation imposed by any city, county, or
other political subdivision or agency of such other state or country on Maryland insurers
or their agents or representatives shall be deemed to be imposed by such state or country
within the meaning of this section. All taxes imposed by this section that are not paid
within 30 days after the Commissioner issues the notice of the amount due are subject to
a penalty of 5 percent and interest at the rate determined under § 13-604 of the Tax -
General Article for each month from the date of the notice that the tax was due.

(2)    This section shall not apply as to personal income taxes, nor as to ad valorem
taxes on real or personal property, nor as to special purpose obligations or assessments
proposed by another state in connection with particular kinds of insurance other than
property insurance, nor as to assessments imposed by insurance guaranty associations or
similar organizations in another state; except that deductions, from premium taxes or
other taxes otherwise payable, allowed on account of real estate or personal property
taxes paid shall be taken into consideration by the Commissioner in determining the
propriety and extent of retaliatory action under this section.

(3) For the purposes of this section and subject to the provisions of subsection (4)
the domicile of an alien insurer, shall be that state in which is located his principal place
of business in the United States.

(4)     In case of an insurer formed under the laws of Canada or a province thereof,
its domicile shall be deemed to be that province in which its head office is situated.

(5) Unless the [Department of Labor, Licensing, and Regulation] MARYLAND
INSURANCE ADMINISTRATION and the Central Collection Unit of the Department of
Budget and Management agree otherwise, the [Department of Labor, Licensing, and
Regulation] MARYLAND INSURANCE ADMINISTRATION may not refer to the Unit any
action to recover money under this section;

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