House Bill 451

(As Sent to Governor)

AN ACT TO AMEND SECTION 83-34-4, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MONIES DERIVED FROM THE NONADMITTED POLICY FEE SHALL NOT BE CONSIDERED PUBLIC FUNDS; TO PROVIDE, AS LONG AS THE ASSOCIATION WILL RECEIVE AT LEAST SIXTY PERCENT OF THE FEES, AN ANNUAL DIVERSION OF $500,000.00 FROM THE NONADMITTED POLICY FEE TO THE FIRST RESPONDER HEALTH AND SAFETY TRUST FUND; TO PROVIDE, AS LONG AS THE ASSOCIATION WILL RECEIVE AT LEAST SIXTY PERCENT OF THE FEES, AN ANNUAL DIVERSION OF $3,500,000.00 FROM THE NONADMITTED POLICY FEE TO THE ANNUAL FIRE FUND; TO REMIT TO THE ASSOCIATION FIFTY PERCENT OF ANY AMOUNT REMAINING AFTER ANY DIVERSIONS OF THE NONADMITTED POLICY FEE AND FIFTY PERCENT TO THE ANNUAL FIRE FUND; TO PROVIDE THAT IN THE EVENT THE VALUE OF THE ASSOCIATION'S TOTAL ADMITTED ASSETS, AS DEFINED BY THE AUDITED FINANCIAL STATEMENT, IS LESS THAN $250,000,000.00, THE MONIES DIVERTED AND NOT REMITTED TO THE ASSOCIATION DURING THAT FISCAL YEAR AND SUBSEQUENT FISCAL YEARS SHALL IMMEDIATELY BE DIVERTED TO THE ASSOCIATION AND SHALL NOT BE CONSIDERED PUBLIC FUNDS; TO AUTHORIZE THE ASSOCIATION TO USE EXCESS FUNDS TO PURCHASE REINSURANCE IN AN AMOUNT THAT MAY EXCEED THE TOTAL PREMIUMS COLLECTED FROM POLICYHOLDERS; TO DELETE THE REPEALER ON THE NONADMITTED POLICY FEE; TO CREATE A NEW SECTION OF LAW TO CREATE A SPECIAL FUND TO BE DESIGNATED AS THE "MISSISSIPPI FIRST RESPONDERS HEALTH AND SAFETY TRUST FUND" TO BE ADMINISTERED BY THE COMMISSIONER OF INSURANCE TO ASSIST THE STATE, MUNICIPALITIES, COUNTIES AND FIRE PROTECTION DISTRICTS WITH PROVIDING BENEFITS REQUIRED BY THE MISSISSIPPI FIRST RESPONDERS HEALTH AND SAFETY ACT; TO CREATE A NEW SECTION OF LAW TO CREATE A SPECIAL FUND TO BE DESIGNATED AS THE "ANNUAL FIRE FUND" TO BE ADMINISTERED BY THE COMMISSIONER OF INSURANCE TO REQUEST THE STATE FISCAL OFFICER TO TRANSFER FUNDS FROM THIS FUND TO THE RURAL FIRE TRUCK FUND, THE SUPPLEMENTARY RURAL FIRE TRUCK FUND, THE MUNICIPAL FIRE PROTECTION FUND AND/OR THE COUNTY VOLUNTEER FIRE DEPARTMENT FUND; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 83-34-4, Mississippi Code of 1972, is amended as follows:

83-34-4. (1) Nonadmitted insurers shall not be assessable insurers of the association. All surplus lines insurance producers placing insurance through nonadmitted insurers shall collect from the insured and remit to the association a nonadmitted policy fee on all premiums for all insurance written by such surplus lines insurance producer for a policy from a nonadmitted insurer for any and all risks in this state, except that policies or portions thereof that cover residential earthquake risks or residential flood risks that are not written through the National Flood Insurance Program shall be exempt from the nonadmitted policy fee. By procuring or selling insurance on property in this state from a nonadmitted insurer, each surplus lines insurance producer placing insurance through a nonadmitted insurer agrees to be bound by the provisions of this chapter and to collect and remit the nonadmitted policy fee provided for herein.

(2) The nonadmitted policy fee shall be a percentage of the total policy premium but the nonadmitted policy fee shall not be considered premium and is not subject to premium taxes or commissions. However, failure to pay the nonadmitted policy fee shall be treated the same as failure to pay premium. "Total policy premium" includes taxes and commissions.

(3) The nonadmitted policy fee percentage shall be three percent (3%).

(4) Within twenty (20) days of the end of the quarter, surplus lines insurance producers placing insurance through nonadmitted insurers shall remit directly to the association all nonadmitted policy fees collected in the preceding quarter. In addition to the nonadmitted policy fee provided for herein, surplus lines insurance producers placing insurance through nonadmitted insurers shall collect and remit excess deficit surcharges as provided by this chapter. Surplus lines insurance producers placing insurance through nonadmitted insurers may designate another surplus lines insurance producer that actually procured the insurance from the nonadmitted carrier to collect and remit the nonadmitted policy fees.

(5) Each insured in this state who directly procures or renews insurance with a nonadmitted insurer on properties, risks or exposures located or to be performed, in whole or in part, in this state, other than insurance procured through a surplus lines licensee, shall be subject to the nonadmitted policy fee which shall be paid by the insured according to the procedures provided for premium taxes in Section 83-21-17(5).

(6) Monies derived from the nonadmitted policy fee collected under this section shall not be considered public funds and may be used by the association, in addition to any uses provided for in Section 83-34-3(4), for education, public outreach, training of building officials and other programs targeted to reduce the number of policies within the association; however, beginning on July 1, 2018, and ending on June 30, 2019, before any fees are remitted to the association, One Million Five Hundred Thousand Dollars ($1,500,000.00) shall be diverted and deposited into the Capital Expense Fund, and Four Million Five Hundred Thousand Dollars ($4,500,000.00) shall be diverted and deposited into the Rural Fire Truck Fund or Supplementary Rural Fire Truck Fund. Further, beginning July 1, 2019, and ending on June 30, 2020, before any fees are remitted to the association, Three Million Five Hundred Thousand Dollars ($3,500,000.00) shall be diverted and deposited into the Rural Fire Truck Fund or Supplementary Rural Fire Truck Fund. Further, beginning July 1, 2022, before any fees are remitted to the association but only if the association will receive at least sixty percent (60%) of the fees, Five Hundred Thousand Dollars ($500,000.00) shall be diverted and deposited annually into the Mississippi First Responders Health and Safety Trust Fund created in Section 2 of this act. Further, beginning July 1, 2022, but only if the association will receive at least sixty percent (60%) of the fees and the Mississippi First Responders Health and Safety Trust Fund has received the diversion of Five Hundred Thousand Dollars ($500,000.00), Three Million Five Hundred Thousand Dollars ($3,500,000.00) shall be diverted and deposited annually into the Annual Fire Fund created in Section 3 of this act. Further, beginning July 1, 2022, after the association has received sixty percent (60%) of the fees and after all other diversions are made, fifty percent (50%) of any excess amount shall be remitted to the association and fifty percent (50%) of any excess amount shall be diverted and deposited annually into the Annual Fire Fund.

In the event the value of the association's Total Admitted Assets, as defined by the audited financial statement, is less than Two Hundred Fifty Million Dollars ($250,000,000.00), the monies diverted and not remitted to the association under this subsection (6) during that fiscal year and subsequent fiscal years shall immediately be diverted to the association and shall not be considered public funds.

(7) * * * The association may use excess funds to purchase reinsurance in an amount that may exceed the total premiums collected from policyholders.

SECTION 2. There is created in the State Treasury a special fund to be designated as the "Mississippi First Responders Health and Safety Trust Fund" to be administered by the Commissioner of Insurance, upon appropriation by the Legislature, to assist the state, municipalities, counties and fire protection districts with providing benefits required by the Mississippi First Responders Health and Safety Act. The commissioner shall notify the Chairmen of the House and Senate Insurance Committees in advance of any distributions made from this fund. This fund shall consist of monies provided to it through the provisions of Section 83-34-4(6), and any monies which may be appropriated to it by the Legislature. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 3. There is created in the State Treasury a special fund to be designated as the "Annual Fire Fund" to be administered by the Commissioner of Insurance. Monies in the fund, upon appropriation by the Legislature, may be used by the commissioner only for the purpose of his or her discretion in requesting the State Fiscal Officer, and notifying the Legislative Budget Office of such, to transfer funds from this fund to the Rural Fire Truck Fund, the Supplementary Rural Fire Truck Fund, the Municipal Fire Protection Fund and/or the County Volunteer Fire Department Fund; however, the commissioner shall request the State Fiscal Officer to transfer at least One Million Five Hundred Thousand Dollars ($1,500,000.00) annually to the Rural and Supplementary Rural Fire Truck Funds. This fund shall consist of monies provided to it through the provisions of Section 83-34-4(6), and any monies which may be appropriated to it by the Legislature. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 4. This act shall take effect and be in force from and after July 1, 2022.