Page:United States Statutes at Large Volume 124.djvu/1616

124 STAT. 1590 PUBLIC LAW 111–203—JULY 21, 2010 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. 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. SEC. 523. PARTICIPATION IN NATIONAL PRODUCER DATABASE. 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. 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 States that is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the NAIC. 15 USC 8204. Time period. 15 USC 8203. 15 USC 8202.