806 KAR 2:097. Filing of local government premium tax ordinances; notification to insurers.

 

      RELATES TO: KRS 91A.080, 304.4-010

      STATUTORY AUTHORITY: KRS Chapter 13A, 91A.080, 304.2-110

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 304.2-110 provides that the Executive Director of Insurance may make reasonable administrative regulations necessary for or as an aid to the effectuation of any provision of the Kentucky Insurance Code. KRS 91A.080 authorizes the Executive Director of Insurance to adopt administrative regulations for the collection and reporting of local government premium taxes. This administrative regulation establishes procedures for cities, county, and urban-county governments to file their local government premium tax ordinances with the Executive Director of Insurance and provides procedures for notification to insurers of the contents of these local government premium tax ordinances.

 

      Section 1. Definitions. (1)“Executive Director” means the Executive Director of the Kentucky Department of Insurance.

      (2) "Local government premium taxes" means taxes levied pursuant to KRS 91A.080.

 

      Section 2. Filing of Local Government Premium Tax Ordinances. In accordance with KRS 91A.080, any city, county, or urban-county government which has imposed a local government premium tax shall file a copy of its ordinance with the executive director. Ordinances may adopt or amend a local government premium tax on a prospective basis only. Any adopted or amended ordinance must be filed with the executive director more than 100 days prior to July 1st of each year. If an adopted or amended ordinance is received less than 100 days prior to July 1st, the commissioner shall not notify insurers of the adopted or amended ordinance until the next notice of local government premium taxes is published.

 

      Section 3. Notification to Insurers of Local Government Premium Taxes. (1) Approximately eighty-five (85) days prior to July 1st of each year, the executive director shall mail to insurers notice of those cities, counties, or urban-county governments which impose a local government premium tax.

      (2) The notice shall be mailed to the current address of the administrative offices of an insurer as on file with the executive director.

      (3) One (1) copy of the notice of local government premium taxes shall be provided to insurers free of charge. Additional copies of the notice of local government premium taxes or copies of the notice of local government premium taxes requested by others shall be available only on written request and payment of five (5) dollars fee for filing the request.

 

      Section 4. Effective Date. This administrative regulation shall become effective January 1, 1985. (11 Ky.R. 676; Am. 982; eff. 12-11-84; 20 Ky.R. 1699; eff. 2-10-94; TAm eff. 8-9-2007.)