Public Law 111-203 including PTFA amendments
Page 216
Public Law 111-203 including PTFA amendments · 2026-09-26 edition · updated 2026-09-27 · California
have independently procured insurance to annually file tax alloca- tion reports with the insured’s home State detailing the portion of the nonadmitted insurance policy premium or premiums attrib- utable to properties, risks, or exposures located in each State. The filing of a nonadmitted insurance tax allocation report and the payment of tax may be made by a person authorized by the insured to act as its agent.
15 USC 8202. SEC. 522. REGULATION OF NONADMITTED INSURANCE BY INSURED’S
HOME STATE.
(a) HOME STATE AUTHORITY.—Except as otherwise provided
in this section, the placement of nonadmitted insurance shall be
subject to the statutory and regulatory requirements solely of the
insured’s home State.
(b) BROKER LICENSING.—No State other than an insured’s home
State may require a surplus lines broker to be licensed in order
to sell, solicit, or negotiate nonadmitted insurance with respect
to such insured.
(c) ENFORCEMENT PROVISION.—With respect to section 521 and
subsections (a) and (b) of this section, any law, regulation, provision,
or action of any State that applies or purports to apply to non-
admitted insurance sold to, solicited by, or negotiated with an
insured whose home State is another State shall be preempted
with respect to such application.
(d) WORKERS’ COMPENSATION EXCEPTION.—This section may
not be construed to preempt any State law, rule, or regulation
that restricts the placement of workers’ compensation insurance
or excess insurance for self-funded workers’ compensation plans
with a nonadmitted insurer.
15 USC 8203. SEC. 523. PARTICIPATION IN NATIONAL PRODUCER DATABASE.
Time period. After the expiration of the 2-year period beginning on the
date of the enactment of this subtitle, a State may not collect
any fees relating to licensing of an individual or entity as a surplus
lines broker in the State unless the State has in effect at such
time laws or regulations that provide for participation by the State
in the national insurance producer database of the NAIC, or any
other equivalent uniform national database, for the licensure of
surplus lines brokers and the renewal of such licenses.
15 USC 8204. SEC. 524. UNIFORM STANDARDS FOR SURPLUS LINES ELIGIBILITY.
A State may not—
(1) impose eligibility requirements on, or otherwise estab-
lish eligibility criteria for, nonadmitted insurers domiciled in
a United States jurisdiction, except in conformance with such
requirements and criteria in sections 5A(2) and 5C(2)(a) of
the Non-Admitted Insurance Model Act, unless the State has
adopted nationwide uniform requirements, forms, and proce-
dures developed in accordance with section 521(b) of this sub-
title that include alternative nationwide uniform eligibility
requirements; or
(2) prohibit a surplus lines broker from placing non-
admitted insurance with, or procuring nonadmitted insurance
from, a nonadmitted insurer domiciled outside the United
LAWS States that is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the with on anorris VerDate Nov 24 2008 12:15 Aug 04, 2010 Jkt 089139 PO 00203 Frm 00216 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 APPS06 PsN: PUBL203
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