In lieu, pre-emption provision

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§605. In lieu, pre-emption provision

1.  Payment by the insurer of the taxes as required by Title 25, section 2399 and Title 36, chapter 357 is in lieu of all taxes imposed by the State upon the insurer, or any subsidiary referred to in section 1157, subsection 5, paragraph B, subparagraph (1), upon premiums or upon income, and of any franchise, privilege or other taxes measured by income of the insurer or the subsidiary.  

[PL 1993, c. 502, §1 (AMD); PL 1993, c. 502, §5 (AFF).]

2.  The State preempts the field of regulating, or of imposing excise, privilege, franchise, income, license, permit, registration and similar taxes, licenses and fees upon, insurers, any subsidiary referred to in section 1157, subsection 5, paragraph B, subparagraph (1), their general agents, agents and other representatives as such; and on the intangible property of insurers, any subsidiary referred to in section 1157, subsection 5, paragraph B, subparagraph (1) or such representatives; and all political subdivisions or agencies in this State are prohibited from regulating insurers, any subsidiary referred to in section 1157, subsection 5, paragraph B, subparagraph (1) or their general agents, agents and other representatives as such, and from imposing upon them any such tax, license or fee. This provision does not prohibit the imposition by political subdivisions of taxes upon real and tangible personal property.  

[PL 1993, c. 502, §2 (AMD); PL 1993, c. 502, §5 (AFF).]

3.  This section shall not be modified or repealed by any law of general application hereafter enacted, unless expressly referred to or expressly repealed therein.  

[PL 1969, c. 132, §1 (NEW).]

SECTION HISTORY

PL 1969, c. 132, §1 (NEW). PL 1969, c. 177, §14 (AMD). PL 1989, c. 502, §A93 (AMD). PL 1993, c. 502, §§1,2 (AMD). PL 1993, c. 502, §5 (AFF).


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