[Second Reprint]

ASSEMBLY, No. 3005

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JUNE 24, 2010

 


 

Sponsored by:

Assemblywoman  DENISE M. COYLE

District 16 (Morris and Somerset)

Assemblyman  ROBERT SCHROEDER

District 39 (Bergen)

 

Co-Sponsored by:

Senator Cardinale

 

 

 

 

SYNOPSIS

     Concerns certain taxes and assessments dedicated to the administrative costs of the DOBI.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on June 28, 2010.

  


An Act concerning certain taxes and assessments dedicated to the administrative costs of the Department of Banking and Insurance and amending P.L.1945, c.132 and P.L.1995, c.156.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 13 of P.L.1995, c.156 (C.17:1C-31) is amended to read as follows:

     13.  Commencing with fiscal year 1999 and in each fiscal year thereafter, the total amount assessable to companies in any fiscal year for all special purpose assessments made pursuant to applicable law as of the effective date of this act, including the special purpose apportionment established by this act, shall not exceed [0.20] 0.25 percent of the combined net written premiums received, as defined in subsection b. of section 2 of this act, by all companies for the previous year.

(cf:  P.L.1999, c.143, s.2)

 

     2.    Section 2 of P.L.1945, c.132 (C.54:18A-2) is amended to read as follows:

     2.    (a)  The tax specified in subsection (a) of section 1 of this act, except as to life insurance companies and except as to marine insurance as described by chapter 16 of Title 54 of the Revised Statutes, shall, except as hereinafter provided, be 2% upon the taxable premiums collected by such company during the year ending December 31 next preceding on all business of the company in this State, less the amount of taxes on its property, exclusive of taxes on real estate and of taxes payable pursuant to this section, paid in this State by the company pursuant to any law of this State during the said year.  Any taxes paid to the treasurer of any firemen's relief association of this State pursuant to R.S.54:18-1 shall be considered a part of the tax payable under this act.  An additional tax of 0.1% upon such taxable premiums of such insurers shall also be paid [, which amount shall be dedicated to the Department of Banking and Insurance for payment of administrative costs related to its statutory duties].

     (b)   Taxable premiums, collected after December 31, 1965 by an insurance company subject to the provisions of subsection (a) hereof under group accident and health insurance policies on residents of this State, and taxable premiums collected under legal insurance policies as defined in section 3 of P.L.1981, c.160
(C.17:46C-3) on residents of this State, shall be subject to tax at the following rates:

            As to taxes payable in 1967                              1 3/4 %

            As to taxes payable in 1968                              1 1/2 %

            As to taxes payable in 1969                              1 1/4 %

            As to taxes payable in 1970 through 2008               1%

            As to taxes payable in 2009                                1.35%

            As to taxes payable in 2010 and thereafter              1%

     An additional tax of 0.05% upon such taxable premiums of such insurers shall also be paid [, which amount shall be dedicated to the Department of Banking and Insurance for payment of administrative costs related to its statutory duties].

     2(c)  For the filing pursuant to subsection (a) of section 1 of P.L.1945, c.132 (C.54:18A-1) due on or before March 1, 2014 and each filing thereafter, every domestic insurance company subject to this section shall be allowed to reduce the amount owed pursuant to this section by 5% of any retaliatory tax liability incurred by that insurance company for the same filing period pursuant to the laws of any other state in which the insurance company transacts business.  Such percentage reduction shall increase 1% per annual filing, until reaching 15% of any retaliatory tax liability for the filing due on or before March 1, 2024 and each year thereafter.2

(cf: P.L.2009, c.75, s.1)

 

     3.    Section 3 of P.L.1945, c.132 (C.54:18A-3) is amended to read as follows:

     3.    Amount of tax, life insurance companies; additional tax.  (a) The tax specified in subsection (a) of section 1 of this act as to life insurance companies, shall, except as hereinafter provided, be 2% upon the taxable premiums collected by the company during the year ending December 31 next preceding under all policies or contracts of insurance on residents of this State, less the amount of taxes on its property, exclusive of taxes on real estate and of taxes payable pursuant to this section, paid in this State by the company pursuant to any law of this State during the said year.  An additional tax of 0.1% upon such taxable premiums of such insurers shall also be paid [, which amount shall be dedicated to the Department of Banking and Insurance for payment of administrative costs related to its statutory duties].

     (b)   Taxable premiums, collected after December 31, 1965 by an insurance company subject to the provisions of subsection (a) hereof under group accident and health insurance policies on residents of this State, and taxable premiums collected under legal insurance policies as defined in section 3 of P.L.1981, c.160 (C.17:46C-3) on residents of this State, shall be subject to tax at the following rates:

            As to taxes payable in 1967                    1 3/4%

            As to taxes payable in 1968                    1 1/2%

            As to taxes payable in 1969                    1 1/4%

            As to taxes payable in 1970 through 2008    1%

            As to taxes payable in 2009                     1.35%

            As to taxes payable in 2010 and thereafter    1%

     An additional tax of 0.05% upon such taxable premiums of such insurers shall also be paid [, which amount shall be dedicated to the Department of Banking and Insurance for payment of administrative costs related to its statutory duties].

     1(c) For the filing pursuant to subsection (a) of section 1 of P.L.1945, c.132 (C.54:18A-1) due on or before March 1, 2014 and each filing thereafter, every domestic insurance company subject to this section shall be allowed to reduce the amount owed pursuant to this section by 5% of any retaliatory tax liability incurred by that insurance company for the same filing period pursuant to the laws of any other state in which the insurance company transacts business.  Such percentage reduction shall increase 1% per annual filing, until reaching 15% of any retaliatory tax liability for the filing due on or before March 1, 2024 and each year thereafter.1

(cf: P.L.2009, c.75, s.2)

 

     4.    This act shall take effect immediately.